Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1895-10-17
SUSSEX COUNTY COURT.

Inau usual. III
Special Correspondence of Gazette and Journal
Georgetown, Oct. 9. Court convened
at 10 O'Clock, and the case of Joshua
t. Daisey, who yesterday afternoon
pleaded not guilt to charge OF assault
with intent TO commit murder against
William j. Moore, was Immediately
taken up. Attorney General Nicholson
for the State and r. G. White for de-
fendant.
Williams j. Moore testified that
Daisey entered his shop in Dagsboro
hundred and after few words over
corn drag, fired two shots from revol-
yer at him.
Mrs. Lizzie A. Burr, Moore's mother,
corroborated Moore's testimony, but on
cross examination by Mr.. White, adj
mitted that ill feeling existed between
Daisey and Moore. Daisey's wife had
left him and gone to live with Moore,
who is her nephew. l
The defence opened by examination
of the pri oner, who testified that
Moore first attacked him with broad
axe, and he pushed him backward over
an anvil block. Moore then ran out
of the shop into the road, and, in order
to frighten him, Daisey fired off his
revolver, but not at Moore. Witness
| further stated that Moore had tlone
much to cause discord between himself
and his wife; that Moore had grudge
against him and had threatened TO kill
| him. He said he carried the pistol in
order to be able to protect himself
The jury returned verdict of guilty
as indicted.
State VS.. Isaac Burton indicted for
pointing pistol.
The jury declard Burton not guilty.
Joshua T. Daisey, convicted OF as
sault with intent to commit murder, as
follows: To pay fine of $500,stand one
hour in the pillory, and be imprisoned
for the term of two years. ti
State VS.. James P. Morris, charged
with assault and battery. William II.
Boyce and r. G. White appeared for
the defendant. This case is one of al
legged assault on Miss Emma Kunzman
at show given in Lewes by the Kick
apoo Indian Medicine Co. one night in
August last. The time for adjourn
ment having arrived before the wit
nesses for the prosecution were all ex-
amined, thes case was continued until
tomorrow morning at 10 O'Clock.
Georgetown, Oct 10 Court con-
vened at 10 o'clock, and the case OF the
State vs. James Ponder Norris was re-
sumed, In this case the prosecution
endeavored to prove, that about ii
O'Clock, on the night of the oath OF
August last, while the Kickapoo In
dian Medicine Co. was giving an en-
tertainment in the town of Lewes,
James Ponder Morris made an assault
upon Miss Emma Kunsman.
Miss Kunsmau testified as to the
time, place and manner of the assault.
Edward Manlove and Henry Argo
testified that they were at this place OF
entertainment on the night of the al
legged assault, saw the assault com
mitted, heard Miss Kunsman scream,
and saw Morris run away from the
grounds.
Sarah Heathers stated that she was
with Miss Kunsman at the time the
assault was committed, and saw down
through the raised seats, that 1T was
Morris who did it. That he ran out
into the darkness as soon as Miss
Kuneman screamed. Other witnesses
gave testimony to the same effect, and
the Stats rested.
William H. Boyce opened the case for
the defence, and stated briefly that the
defence would prove an alibi. The
first witness for the defendant, Hubert
Twilley, swore that he was with Morris
on the night of August oath from 8
O'Clock or $50 until after IL o'clock.
That they sat together on the opposite
side of the quadrangle of soats, and
nearer the upper end than the place oc-
cupied by Miss Kunsman and bel
friends.
James Bartlett stated that he and his
wife attended the entertainment ii
question, and occupied seats two rows
below the one whore Miss Kunsmar
sat. That he heard the commotior
made at the time of the assault, an1
turned in time to see plainly the per
petrator as he ran from under the banl
of seats. He said it was much
smaller man than Ponder Morris. Or
being asked in cross ss-examination how
he knew the man was a smaller on,
than Morris, he said he was smaller
than himself (Bartlettl and he isy ;
smaller man than Morris.
Clark Willis also testified that hi
was in the company of the defenean
until after IL O'Clock, and then sap
him leave the grounds with his wife.
Tho defendant was placed upon th,
stand and said that on the night II
question he went to the entertainment
about O'Clock, and sat on the opposit,
side OF the ground from Miss Kuns
man until a few minutes after 4
O'Clock, when he went directly homl
with his wife and her cousin.
Other witnesses were called to prove
the same things. Emma Wilson ant
Mary Salmons were called by tn
prosecution in rebuttal, and swore tina
Bartlett and Twilley did not testify be
fore Squire Wiltba1k, at the prelimi
nary hearing in Lewes, to the sam
facts as they stated in the court room
Elihu j. Morris, father of the de
fendant, was called to testify that tn
two witnesses did testify in court "a
they did at the office of the justice.
At the afternoon session the case wa
argued. Both Boyce and White spok
| for the defence, and Attorney Genera
/ Nicholson for the prosecution. Th
| jury retired at A. 30 o'clock, and at so
returned with verdict of not guilty
! State VS.. Theodore Truitt, colorel
indicted on the charge of having stolel
some meat, flour and tobacco from th
| store of Samuel d. Windsor, nea
Laurel. Woodburn Martin appeare,
! for the State, while the prisoner de
/ Tended himself. That the goods wer
/ stolen by Truitt and found in his pos
| session, was proved by two witnesses
, The prisoner stated that the article
were taken from the store by anothe
man and given TO him. He stood jus
| outside the door of the store. The iur
rendered a verdict of guilty withou
+ leaving the box The sentence wa