Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1896-11-12

anu was Killed, Mr.. White held that a
child is rarely killed by a fall
Josiah Marvel addressed the jury in
behalf OF the prisoner. He declared
that the prisoner loved the child. He
urged the plea of accidental death.
ne was followed by Harry Whiteman,
also for tho prisoner.
7 Deputy Attorney General Cooper
closed for the State and the case went
to tho Jury, after the charge by Asso-
crate Justice Marvel, about 1890
o'clock.
In oyer and terminer court Tuesday
afternoon the jury brought in verdict
OF guilty with recommendation to
the mercy OF the court. The jury had
been out between two and three hours.
Before 1t came in 1t sent message to
the court asking IL the Jury had
right 20 make a recommendation to
mercy. The court Haid that it had
and the jury 90 recommended. 1t lie
rather unusual to do this in murder
case: In murder OF the first degree the
punishment lie death. Counsel for Will
lis may be able, however, to secure
from the Governor Communication of
the sentence to life imprisonment.
William L. Henry, colored, was nut
on trial charged with the murder Of
William Virgins at Ebenezer camp
grounds near Townsend, August 23d.
In making up the jury the State
challenged Moses Lowther, Dan M.
Cochran, Thomas Y. Messimer, Will
liam ii. Voahell, Vincent Moore.
Josiah Marvel and Franklin Broclsson,
for the prisoner, challenged Nathan
beste, Clayton M. Powell, Arthur T..
Draper, j. A. Wilson, Hanby O. Hop
kins, Charles Miller, George W. Daniels,
Lewis II. Day, George Wilson, Thomas
II. Townsend, W. X. l.. Tadman, Ben
iamin n. David, Jr., and Henry Leach.
William Naylor was excused because
he had conscientious scrupes against
hanging.
The jury as selected comprised:
David W. Staats, John N. Mitchell,
George II. Powell, Elias N. Davis,
John @. Armstrong, Frank McLaugh-
lin. john Davidson, Frank W. Nor
rison, Isaac j. Finn, Caleb M. Price,
Ambrose McVeigh. John j. Wilkinson.
In opening for the State, Deputy
Attorney General Cooper said they
would show that Henry threatened to
kill Virgins because Virgins had shot
Henry's brother.
Annie M. Brinkley testified that she
saw Henry grasp Virgins by the left
hand and shoot him in the stomach.
Then Virgins ran towards the woods
and Henry fred after HIM. Mary
Brown told a similar story, but was
mixed on DISCRIMINATION as to the
hand in which Henry held the re-
yolver. George Armstead swore that
both the men had revolvers Henry
caught Virgins by the hand and fired.
Virgins cried out that he was shot
and Henry fired at him again. Wig
gins then ran into the woods.
Lewis Hall testified that he heard
the report, but did not know Virgins
was shot. He denied that he told
Deputy Attorney General Cooper that
Henry shot directly at Virgins. Alfred
Caulk was another witness to the
shooting. Deputy Coroner j. I.
Chandler testified to the finding of
the body.
Howard Butcher was with Virgins
when Henry met him and Virgins
asked Henry il Henry had told Henry's
brother that Virgins shot him. Henry
had replied that he said the bullet
came from Wiggius' revolver. Wig
gins said he would shoot the man who
said that. The shooting occurred after
this conversation. Andrew Price heard
the report, but could not say that Wig
gins was shot. William H. Lockerman
and Charles +. Chase heard the shoot
ing Constable Crockett. who arrested
Henry, heard the prisoner say to his
wife, THAT mans dead" Detective
Witsil identified revolvers taken from
Henry's house. He said Henry told
him that one OF them was the one with
t.k h. k-t
McVey swore that Henry told him that
he shot Virgins, and Coroner Stidham
also heard the statement. The State
then rested.
Court took recess until 10 O'Clock
a. m. yesterday, when Mr.. Marvel was to
have opened for the defence. Attorney
General White asked the court to meet
in the evening after he had considered
the testimony. When the court con-
yened the attorney general stated that
he had doubt in his own mind OF the
guilt OF the prisoner. He did not
feel, therefore, that he should push the
case further. Upon this statement the
court brought the jury in and instructed
it to return verdict of not guilty.
Mr.. Marvel received praise for bring
ing out the ground of self-defence by
his CROSS examination.
William Il. Henry was discharged
from custody yesterday morning. Before
discharging him Chief Justice Lore
gave him sensible talk. Henry"
he said, "you are indicted for murder
in the first degree and the State after
hearing the evidence felt their duty
not to press ii any further. But Henry.
you ran very narrow risk. This was
religious meeting. You went there
armed and 1t appears that others went
there armed. Ii you had not had that
pistol you would not have been in that
box to-day and it is perhaps fortunate
for you that public opinion has been
tempered in your favor since the last
term The Chief Justice declared
that Henry nor anyone else had any
right to carry concealed deadly
weapons This is not lawless State
where man must depend upon deadly
weapons, but upon appeal to the law.
He advised Henry never to carry
deadly weapons again; it had brought
him to the shadow Of the gallows. The
Chief Justice told him to 60 home and
tell all that the law forbids 10 carry
concealed deadly weapons, and to
thank his friends and his Creator that
he went tree. The prisoner was re-
| leased.
In the case of State vs.. Edward
Willis, Harry Whiteman made motion
for new trial. He has until Friday
| to file his reasons.