Evening journal. [volume] (Wilmington, Del.) 1888-1932, 1893-09-23
LEGAL DOSEFOR ABRUTE
Anderson Gets Five Years for
Assaulting McVey and Benson.
ALL OWL TRIALS TO GO OVER
License Cases WIN BE Heard Next Fri
day-CouIt VIII Meet Week Earlier
in November TO Dispose of Criminal
Cases Carried over.

in November to Dispose of Criminal
Cases Carried over.
John Richardson was the first witness
yesterday afternoon in the case of the
State VS.. George Anderson, for murder
ously assRulting State Detective McVey,
at Kirkwood, on the Fourth of July He
saw Anderson pick up the stone and
hit McVey with il He was ten or
twelve feet from Anderson when the
stone was thrown He did not hear
Anderson say anything nor did he see
McVey strike anybody He was positive
Warner was sitting on the porch
James Fisher was driving a hack from
the track to the depot on that day. He
said the fight took place as nearly
on the line between Pencader and Red
Lion hundreds as it was possible TO be He
saw Anderson throw the stone and Nc
Vey fall Warner was on his knees and
McVey was striking him.
Under cross-examination he said
he saw Warmers mother strike
another man with walnut cane. he
did not see McVey show his badge to
Warner or Anderson when he took hold
of Warner. He did not see McVey as
he first approached him.
Lewis M. Stockwell saw what he
considered young riot He saw a
colored man knock an eld erly white
man down. Detective McVey went over
and told the negro he was an officer
He tried to arrest him. The negro
resisted and was knocked down. Wit
ness identified Anderson as the man he
saw strike McVey with a stone. Mr.
Stockwell was on the train when the
disturbance began.
Under cross examination he said the
fighting mob was composed Of whites
and blacks He did not see McVey
until he was in the crowd. After the
| man resisted McVey pulled out his
a blackjack. He did not see him knock
Warner down, nor did he see the woman
strike McVey Stockwell heard the
bell ringing and took leg bail for the
train" He did not run because he was
( "skeered.
/ DR. Joseph r Smith, ex coroner's
, physician, testified 10 the nature of the
wound. II was four inches long and
+ cut TO the skull. 1t was a dangerous
b wound. He first saw it on the hote
O porch at Kirkwood. McVsy suffered
r conclusion of the brain. The wound
could have been made by the stone ad
, mitted in evidence. If there was &
fracture Of the skull it must have beer
1 slight as the doctor did not discover it
S State Detective Walter L. Witsili
e statement was practically the same 81
t | McVeys. He said some one in thu
/ crowd threw the stone which brought
q | Warner to the ground. Anderson drew
g a revolver and fred two shots at Witsi
n and Sergeant Bailey. The prisoner thei
backed into the crowd. The next thinl
e the witness heard was that McVey ha'
4 been killed He went to his assistance
and found him weak and bleeding pro.
l. fusely He helped him away. He di'
a not see the prisoner throw the stone
but saw Warmers mother strike Move,
+ heavy blow with a hickory stick
s Witness arrested Anderson. The crowS
did not put rope around his neck
y Police Sergeant Thomas Z. Bailey saw
e Anderson make the assault He was
s right behind McVey when he saw Ander
s son throw the stone He saw the pisto
d in Anderson's hand and heard The report
n but could not state in what direction i
10 was aimed.
10 At the conclusion of his testimony tn
r state rested.
10 Mr.. Hayes, in opening his case, sal
% the assault was not denied, but the at
II
Y gravated nature of the assault The de
II fense would contend; First-That froT
ie all the evidence in the case there was n
a disclosure of assault upon peace officer
ID second-That they are not piece officer
,r of this state.
Wesley Lloyd, an aged eolored mar
saw Warner and McVey knocked dowr
He did not see anybody show a badge @
say he was an office. He did not Sc
9 Warner knock anybody down"
Attorney general-"Wesley, you wei
5s on the outside of the crowd when th
y. occurredT
in Witness-"Yes, sab; an bress Go
M dat's whar / staid l aims to keep
enemy ahead OBJ me.
Johnathan Whitley, another ebony a n
es tique, saw Curt Buck and Mart Warn'
g. fighting. McVey had pistol in WaI
10 ner's face and was hitting at him with
% black Jack He knocked Mart dow
The witness saw Warmers mother chan
o. merin at Mistah McVey with chunk
He heard the shooting but cid not 81
E McVey struck. Warner was very muS
in liquor After he fell he got up al
st ran into yard.
Lewis Hynson, one of the negroes a
be rested in connection with the riot, WI
n- then placed on the stand He said
: saw the trouble. He didn't see But
% and Anderson fighting, but he saw u
latter pointing a revolver. At who
Al he did not know. The witness said
be was on Mr. Cams porch. He sa
es no display of badges. He did n
ds see Anderson shoot. but he SAW hi
'pint
Richard Stats, .colored, saw some
the disturbance. He saw Anderson pi
a up a rock and heard him say: Il am z
h ing TO hit Mart Warner with this stor
l., He Is against me 3" But he threw it
~ another direction. That was all he kne
tle The defense rested and both sides close
its After argument the jury was charg
ne and retired at 35 Th- charge of I
chief justice was clearly against the pr
oner.
= The Assault on Benson.
CT As soon as the jury had left the box
his Jury was drawn to try Anderson
der murderously assaulting William Bsnso
ssh white. at the same time and place Be
per son was struck in the head and has
nd most lost the sight of one eye in con-