The Wilmington daily Republican. (Wilmington, Del.) 1890-1902, 1893-09-19
FOURTH edition


00hh IL tS9h t0b
This HIornina's Court.
The court OF Oyer and TermIne
opened this morning at 10 o'clock. Til,
following pleaded guilty to the charg,
OF carrying concealed deadly weapon
and violence was denied: Henri!
Wilson, Joseph Campbell, Robert wit
mer, Frank Thomas and james Nadob
pleaded guilt and were sentenced to |
fine and Imprisonment.
The charge OF larceny was preferred
against George Moore, who PLEADED
not guilty.
Austin Harrington asked the judge
to set aside a Judgment entered
AGAINST the estate of Sarah Ayers ant
J. II. Ayers. Decision reserved.
Tho hearing In the case OF the STATE
We. VIM. Potter. charged with assault
with Intent TO murder AlonZo Bailey
was resumed. Potter was allowed t
take the stand, and testified that til,
cutting was done In self defense. ant
swore he had no intention of killing
Bailey, but simply used the knife IL
defense of his own life.
}, Here the case rested and the prose
cutting attorney clted the facts Of the
case, and asked for n verdict.
: The assault was established by the
prisoner stabbing Bailey, and II he
had boon killed from its effects. II
would undoubtedly have been muir
der In tho first degree.
This Is the first time in the history
OF our courts that prisoner who IL
accused of murder has been allowed
10 testify in his own behalf according
to the law passed at the last session o.
the Legislature.
Mr.. Bacon made very eloquent
plea In behalf of his client, and said Il
was very trying time for mar
when he Is assaulted that he can moi
take his own part ana defend himself
He was going to congratulate the jury
that in 5 hours time they had passed
upon one Of tho nost important GASES
tried before this court except thu
crime of murder.
\ Walter waAed eloquent, and made
one OF the most convincing arguments
before the jury IN his clients bohal
Saying he had done the cutting in self
defense. The prosecuting attorney
had whistled the charge up and down
and made it very trivial one. How
lard Taylor on the stand lied, when Ii,
said ii took place at II o'clock.
] The prisoner was placed in eel
and kert there for II days TO SEQ how
! the mans wounds would turn out
Every witness who had been on the wit
ness stand on both sides lad beel
placed on tho witness stand In the Mu
lniCipal Court. All witnesses who
would not benefit their case were
needed out in the Grand Jury room.
I All lie wUnted was the testimony o
iAlonZo Bailey; he was enough for me
Ma tyopIeI f'hutslpa lluunGan put nj
the stand, but they would not put hin
! on. We would have rested our cast
then. lie was star witness. The!
r'dared not put him on the stand
The District Attorney socks to whistl
Jus down the wind in this matter o
evidence. .+...- ..e.-
We wanted James Anderson ant
flames Boulder brought here. AM
rtheir evidence was not wanted by tn
, osecutlon. Crap is very ordiEar.
game. and Anderson in whose housi
this innocent game was played WI
mot suhpnneds to be on hand to les
t tlfy. Gentlemen of the jury, did an.
, of you ever hear three colored mel
: when together talk? They don't tall
. much Sunday School talk, but the
[ don't do much harm to one another
Z Bailey The tough, who had been pulle
five times. but luckily had enoug
,, money to pay his way out; lucky man
+ There was more rum in that crow,
than they told us about.
} According to the testimony tho prls
toner did not take Bailey by the col
x lar; didn't lift him up.
g The prisoner was not allowed to de
,.fend himself, but must be hanged. Gu
, and carved with knives and bricks.
: At twenty-five minutes to IL o'cloc
Mr.. Bacon thanked the jury for thei
attention and left the case OF his ellen
In their hands.
s, The prosecuting attorney began hi
closing argument. Gentlemen. Their
: are two ways to impeach testimony
first to place witnesses on the stan
is and prove they arc liars, and next I
prove that they will lie.
n The whole evidence comes II
L whether the prisoner In That dock al
II .tempted to kill Alonzo bailey or mo-
Is and whether Potter in cutting him di
not try to kill him when making til
c. lunges at Bailey with the knife in hi
Or hand. Now, the question is, was II NJ
murder? AS he intended to cut hin
s. which lie did. and perhaps only faile
rs TO Kill him by good luck, and not il
Itention.
M II is for the welfare OF the State TIT
a, when these cutting affairs take pla,
among these DIES perHte class OF either
. that these people should not be II
! lowed to sc free. They have no rigl
~ 10 draw knives and WELD thum in the
: anger without being punished lor Il
ny Same.
III Judge Cullen charged the jury
Follows; That II any person assault
person with intent To commit mu
or dor, then lie should lie punished, ct
he Murder Is the killing OF human b
1e ing. aIorethough 1t has been div
ded into two grades, ono by intent |
tL a dGprnved. Murder la the second
ii. gree when mHlica "a lmpiied; Inc do
IN. an act where death ensues.
In. In the common law there is one d
gree OF murder, but our laws dlyit
r, IL INTO two degrees. II you cam
'u' uEree on tile first degree then you fiji
y verdict In tho second degree.
IN The Judge charged The Jury Just
III tile whistles blew II o'clock, and t
Jury retired.
The case OF Jefferson Brown. OWL
to his being confined in tho penitentiu
u in Philadelphia, WIS continued.
"a RebeCca kubarts, uoiored, Tor carr
III ing concealed deadly weapon, co
= sisting ul a razor, Judge Lore nske
~ what have you to say, hHYe you Al
VI money? line prisoner shook her hei
- Mover been here except once, Tor Ii
"a ceny. about Years ago, when she W
ae sentenced 10 4 months. "a sho Ii
~ boon IN prison already months :
,,a' was sentenced to 10 Gays. beginm
10 from to-day, and pay costs OF prosoC
tlon.
a eu Robert Allen, colored, plead gull
~ to carrying a razor never carried %
~ before never been In jail before ;wol
~ in Diamond State Rolling Mill; be,
~ in Just month"; and 20 days.
az was sentenced to 10 days from tD.du
Ai on promise OF not carrying raZ
ne .s or concealed deadly weapon again.
~, The Grand Jury fled in, and aft
- ~ being sworn were discharged un
~ 10 O'Clock this afternoon.
W. Charles " ouitnan, cuiOred. ChnIg
with carrying concealed II deaf
v eapon. He has heel, coniiued in i
since the Sd oil September lie y
lite sentenced to be Imprisoned 10 dt
3nt aud pay COSTS OF prosecution.
Joseph Campbell made statom,
to tho court, that he came up fir,
. Maryland. and was nskei by frle
md TO buy revolver Tor hun If he saw
sp. cheap one Detective McNey spokt
on good word for tho prisoner.
Tho prisoner had plead guilty to
pLurtrn mud naEaI IL bn r,,,lJ wi