Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1893-11-23

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Col. Nields then opened for the de.
fence. He admitted that the Holdings.
worth boys had hitched their horse in
front of Mr. Jordan's property on the
morning the 29th of July last, but he
denied that any attempt was made tc
forage upon the ex-Levy Courtman's
hen roost. The prisoners started that
morning for the Wilmington markets
Mr.. Nields said, with chickens, in theil
wagon, but when they arrived here they
got drunk. They then started home
When they reached the property of Mr..
Jordan they alighted from the carriage
to obtain drink of water at the spring.
house, and were in search of water, and
not chickens.
After making this statement, Mr.
Nields called David Fl. Hollingsworth
one of the prisoners, to the stand. Tho
witness said he and his brother started
on the morning of July goth for Viii.
mington with eleven pairs of chickens
in the carriage. They stopped al
Elsmere and tried to sell the poultry
to MIR. Mitchell, who declined to buy
and then drove to Front and Harrison
streets, where each had drinks in a
saloon. They had a game of cards
more drinks and then started home
When they got to Mr.. Jordan's place
they stopped to get drink of water
and heard Mr.. Jordan say "y-,'
and then, the witness, continued, "Mr.
Jordan shot me. / ran down the road
to creek, where l obtained drink OF
water"
There was dramatic scene in court
when Mr.. Nields called the witness
down from the stand and commanded
him to don the coat which he wore the
morning of the shooting, and which
was riddled with buck-shot. A button
was shot from the garment. The under
garments were also produced and the
trousers which the witness wore. The
undershirt was bcspattered with blood.
The witness said he was very badly
wounded and the physician who at
tended him extracted AS grains of shot
from his arm and side. The clothing
was offered in evidence.
The witness said he was not looking
for chickens the morning of the shoot
ing, but was in search of water.
Attorney General Nicholson then took
the witness in hand.
In reply to Mr.. Nicholson's questions
the witness said he had lived in the
community 80 years. He said he had
driven past Mr.. Jordan's place but did
not remember how frequently. He did
not otremember stream of water running
out of Mr.. Jordan's property and d
spring by the road side. He denied that
he had made any attempt to steal
chickens.
David p. Mitchell testified that he
lived at Elsmere and recollected thai
Hollingsworth called at his house early
on the morning of July 29th last.
Several witnesses testified to seeing
the Hollingsworth boys in the saloon Of
Harry @. Wood, at the corner of Front
and Harrison streets, on the morning in
question.
William Hollingsworth and William
Little testified that the branches of the
tree on which Mr.. Jordan's chickens
roasted were not sufficiently near the
ground to permit the prisoners to cap.
ture the poultry without climbing. The
defence then rested.
Fidelo Prazzelo, indicted for assault
with intent to murder Angelo Marius
Pansello, pleaded not guilty and George
K. Lodge was assigned us counsel IN
the case.
The grand jury returned the follow.
ing true bills: Larceny, Ferdinand
Shieldt; Peter Connell, Theodore Cole
John McCloslSey, John Douglass, Wal
ter Blackburn, Alexander McGovern
William Crowley and Emma Wilson,
colored, Nelson r.. Wake, colored, lot.
terry policy-writing; W. S. Jordan, point.
ing pistol.
Court took recess until $50 o'clock.
At the afternoon session the follow
ing prisoners were brought in and ar
raigned: Peter Carroll, John Douglass,
alias John Boyle, Walter Blackburn,
William Crowley, John McCloskey,
Frederick Schlict, Alexander McGovern,
Emma Wilson, colored. A plea of not
guilty was entered by the first three
prisoners. The rest of the culprits
pleaded guilty.
William S. Jordan was indicted for
carrying concealed deadly weapon
and pleaded guilty. He desired to make
statement and was told that he might
do so before sentence was passed.
John Il. Ennos was arraigned upon
the charge of assault and battery on
John +. McWhorter and pleaded guilty.
He was sentenced to pay fine OF S25
and costs. L. r. Cochran, Jr., appeared
for Ennos.
The grand jury returned the follow
ing true bills Ella d. Hopes, assault
with intent to kill; Theodore L. Woolens,
opening a grave; Lewis X. House, four
counts of fraudulent conversion OF
property by bailee.
The case of the State VS.. David II.
Hollingsworth and Abner Hollings-
worth was then resumed. The testi-
mony was concluded at the morning
session. In the afternoon Attorney
General Nicholson submitted the prayers
to the court on behalf of the State. John
Y. ,Nields submitted the defendants
ptayHfs
Eonslderable time was consumed in
arguing the points of law in the case.
',l,s H}elds defined the different degrees
ok l5feeny and cited a long list of
aptsbfities, contending that the State
pAH led to prove the charge as alleged
III Hle Indictment and had overlooked
Qbr 6lement of overt act. The mere
4asisp2 or intent is not punishable
Eikb6At such act, which is an open act
Qdbe,}h pursuance and in manifestation
9fi} Efiminal design.
Z, icholson cited number of au.
fhTfl Fes and argued with great force
thai the "overt act" begins just where
tia t3mmission of the crime begins. He
deFfssllded that any of the acts directly
1arsiliAg forward to the commission Of
tl:1}ssft is the attempt to commit the
ssIidl3
4 Nicholson then began arguing to
<te31fy on behalf of the State. He was
lzt<zzzed hv Inhn p Nields for the de-