Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1893-09-28

and arraigned. William II. johnson
pleaded guilty to larceny and asked for
the mercy of the court. Z. r. Cochran
the prisoner and was given an
opportunity to prove previous good
character.
John Fitzgerald pleaded guilty to charge
of larceny, and threw himself upon the
mercy of the court. He was sentenced to
one months imprisonment and five lashes
Immediately after the convening OF the
superior court, in tho afternoon, Will
liam Michael Byrne made motion Tor
writ of possession in two sheriff's sales,
made at the last term OF the superior court, |
which motion was granted.
ANDERSON CASE RESUMED.
In the general sessions court the hearing |
of the case against George Anderson,
charged with assault with intent to murder
State Detective Bernard J. McVey, was re-
sumed. John Richardson testified that he
saw the prisoner pick up stone and hurl
il at the detective. He was standing dis
tance of about 15 feet from the detective
while Anderson was between him ana
McYey.
James Fisher was present during the
riot at Kirkwood station. The witness
drove hack from DR.. McCov's kite track
to the railway station. He said the scene
of the riot was in New Castle county and
AS near on the line between Red Lion and
Pencader hundreds as il possibly could be.
The witness saw Anderson throw the stone
at McVey, and saw the latter fall to the
ground.
On cross-examination witness said he
saw Mark Warmers mother strike ct De-
tective McVey, He did not see McVey
show his badge to Mark Warner.
Lewis NJ. Stockwell said that when he
approached the scene he saw what he
would call young riot in progress. He
a
down. The witness also saw negro hurl
a stone at Detective McVey and identified
the prisoner at the bar as the assailant OF
| the officer.
On cross-examination the witness said
he saw McVey take hold of Mark Warner
but did not see the detective knock him
down. He saw Anderson run away after
| he threw the stone. The witness then TOOK
'leg bail' to the train, he said.
DIR. j. r. Smith testified that he was
called to dress the detectives injuries. The
scalp was laid open to the skull. The
wound was about four inches long and
the victim suffered from concussion of
the brain. lie was in danger of death for
time.
State Detective Witsil said that he and De-
tective McVey were on the train at Kirk
wood station, when their attentions were
called to the fact that riot was i'll progress.
Both alighted from the train and ap-
preached the rioters. Witness saw white
man knocked down by negro. oolored
woman then assaulted Detective McVey
with club. Anderson fired two shots at
the witness and Police Sergeant Bayley:
In reply to the questions of Mr.: Hayes
the witness said he saw Mark Warner;
mother strike Detective McVey with {
club. 1t was pretty severe blow Du
Detective McVey did not so down under it
Sergeant Thomas Bayley testified tina
he saw Anderson hurl the stone at McVey
, and then disappear through the crowd.
The State here rested.
Mr.. Hayes, in opening, said he woult
. not attempt to deny that an assault hat
been committed. But from all the evi
; dence in the case there was no proof o
any assault on peace officer, as there ha'
: been no evidence on the part OF the Of
! torney- general to prove that she officer
l were acting IN any official capacity.
5 Wesley Lloyd, colored, said he saw
5 white man knock Mark Warner down
The witness identified Detective McVey a
: the assailant. Witness did not see AndeI
r son throw the rock, and he did not hea
0 the officers say they were detectives, or Sc
$ them show their badges.
4 On cross examination the witness sal
i he retired from the crowd when the figh
e began He always aimed to keep tn
= enemy in front of him."
j. Jonothau Wiley, an old-fashioned CO..
ored man, said he saw a fight betwee
II Curtis Buck and George Anderson. TIL
s fight began about 8 o'clock and continue
It until o'clock. The combatants were 5
I. pipe" He said that Mark Warner
% mother was hammering at McVey wit
: chunks.
g Lewis Hinson swore that he saw Ande
n son point revolver but did not see hiI
d throw brick.
a Richard Stats was standing near Ande
le son at the time of the assault Anderso
said "Dick, Mark Warmers against M
at and Pm going to him with TINS stone
lie Instead of hurting the stone at Warner
Sc threw il at McVey.
le The defence then rested.
s. Attorney-tienera Nicholson, in his ope
to ing argument to the jury, said the assau
lie was an aggravated one, by reason of Il
is fact that it was committed on pea
n officer.
MIR. Hayes, for the defence, made the g
Sc founding statement that the State dett
d, tives had no more right to have pistols al
or blackiacks in their pockets than he ha
I'd He said the statutes allowed only polio
h. men and peace officers to carry weapons
he this character. The detectives were Otflce
unknown to common law. No provisi
ed was made for detectives carrying weapon
ID, They were officers to ferret out crime, a
Is. were neither peace officers nor policemt
sill He said there was no intent to murd
of McVey and the jury must be satisii
We beyond doubt that Anderson intended
Sc. kill the detective before verdict of gui
ad OF assault with intent to kill could be r,
dered. 3
he Mr.. Nicholson concluded for the ST
rn and said it was clearly an attempt on
IN part OF Anderson to make deadly assa
on the detective. He closed with an app
nd on conviction.
M THE COURTS CHARGE.
m, Chief Justice Lore charged the in
hv The intent of the assailant to kill may
nd gathered from the circumstances surrou
'av ing the case. The stone used in this ca
ME the court declared, was deadly weap
he The fact of the victim being an OFFICER
tsil not aggravate the case. II the jury
da- lieyed the prisoner threw the weapon "
Nv intent to murder, he should be fot
~ guilty in manner and form as indicted.
tsil they believed he had no intent to kill
,er. Vey when he hurled the stone, the verS
,ess should be one of simple assault.
The prisoner was entitled to the benefit OF
re-. doubt, however. The jury retired at
tier O'Clock.
less THE PRISONER ARRAIGEED AGAIN.
en- A Jury was then drawn to try they
der of the State VS.. George Anderson, char
wit with assault with intent to murder Will
hite Benson. This was the second charge
lim ferred against the same prisoner. Ben
ard was injured at the Kirkwood riot b
ked brick thrown by Anderson. The reg
son iurv nnnel became exhausted and Winl
ness 9nigley and George NJ. Crawford "
called as talesmen.
the ~ - pi,.s.. ,,,os oho,,
an CLERK OF the Ieace pisEs WI ~ 49,
,ner the first case came in with ayerdic
fkar, xtstfh
lich guilty: Mr, hayes tnen Will ;,,,a