Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1898-09-29

Townsend and Walkcr,. representing
the prisoners, and Deputy Attorney
General Cooper in addressing tho jury.
Chief Justice Lore delivered the
charge, which occupied about 10
minutes. After telling tho jurors what
the charges were and defining thom,
the Chief Justice said there were four
counts. In tho first the accused were
charged with being principals and in
the other three one was accused Of
being the principal actor and tho other
two as accomplices. He explained the
meaning of the word 'accomplice" In
its legal sense, stating that any person
who shall aid, abet or counsel any
other person to commit crime is an
accomplish and is equally guilty and
the punishment shall be the same as
the principal. In regard to the crime,
he said such a charge was easy to be
made but hard to disprove and It must
be proved beyond q reasonable doubt
in order to convict The Jury was
instructed that 1t was its exclusive
province to- determine how much
weight should be given to the testi-
| mony OF any particular witness The
Chief Justice informed the Jurors that
in order to convict they must give
such credence to the prosecuting wit
nesses as to satisfy themselves beyond
a reasonable doubt that the accused
were guilty. Attention was called to
the fact that where previous good
character is proved it should have
| weight in favor Of the accused The
| jurors were instructed that il satisfied
beyond doubt that the crime was com
mitted by one or more Of the men and
the other one or two were present and
aided or abetted or were not present
and aided or abetted, it would be
their duty to find for conviction. IT.,
| however, there was a reasonable doubt,
they could not find such a verdict. q
The Jury retired at 8. As o'clock and
returned at 80 o'clock after having
reached the verdict given above.
The following Jury was drawn to try
the case of Edward Lewis, colored,
charged with committing rape upon
Mary Price, alias Mary Butcher, on
Guthrie's row, in this city, on June
4th last: Levi X. Bowen, Harry ID.
Stats, Francis B. Stevens, James
McAllister, Thomas W. Young, Warren
b. Missimer, Robert M. Barr, John B.
McAllister, John Moody, John Nc
Cormick, William T. Groves and John
| Campbell. Much trouble was ex-
perienced in drawing the jury. The
panel was exhausted and three tales
men were called from among the spec
tators, one. of whom was challenged.
The following persons were called from
the panel, but were prohibited for the
reasons stated from serving: Richard
Il. Cochran, excused; Isaac T. Webb,
challenged by the defence; William j.
Lee, challenged by the defence; Charles
=. Dubell excusedi William E. Du-
hadaway, challenged by the defence
Samuel Porter, conscientious scruples
Ezra Pierce, challenged by the State
George W. Steele, challenged by the
defence; Frank Hawthorne, Challenged
by the State; Walter Gill, Challenged
by the defence; George W. Morrison,
excused; David King, CHALLENGED by
the defence; Joseph N. Dougherty,
excused; James Bryan, conscientious
scruples; William Nj. Ellis, conscien.
tious scruplos; Robert Casey, Jr.,
| challenged by tho defence Benjamin
F. johnson, conscientious scruples
James Kitchen, challenged by the
State; Peter A.. Riley, challenged by
the State James II. Smith, conscien.
tious .scruples; III. y. Valentine, con
sciontious scrupless; John Forrest, con
scientious scruples; Frank j. Ryan,
challenged by the defence; Samuel p,
King, challenged by the Stnte Samuel
Z. Stewart, excused; s.. Frank Ster-
ling, conscientious scruples; George
Il. Ferguson, conscientious scruples
Frank Pierce, excused; Charles Ben
dler, challenged by the defence; Henry
w. Simpson, conscientious scruples
Frank l.. Vansant, challenged by the
State. This exhausted the panel and
Sheriff Finn was called upon to call
talesmen from those in the building.
Two jurors were necessary and three
persons werr called. Edwin L. Foulls
was challenged by the State, but
William I. Groves and John Campbell
were not challenged and they made M
the deficiency Mr.. Campbell is fire.
man at the Court House.
| After Deputy Attorney.G General
Cooper had addressed the jury con
corning the case Mary Price was called
to the stand. She satod that on the
night the assault is alleged to have
been committed, she saw LOWS in a
restaurant at Water and Market streets
ABOUT II o'clock, and aftor she started
TO hor home iii South Wilmington
Lewis followed her and committed the
assault on Gufhrie'e road near Gran
ston's Office, which is not far from the
causoway. She said she had some
teeth knocked out and was otherwise
injured. She also claimed that Lewis
threatened II kill her II she expressed
an intention of having him arrested.
The case was still in progress when
court adjourned until yesterday.
Tho special oyer and terminer jurors
not empanelcd Ia the case pending
were discharged from any further
attendance. ~
| The State yesterday morning aban-
doned the case against Edward LOWS,
colored, charged with felonious assault
upon Mary Price, colored. After spend
ing the night in the Court House, the
good men and, true returned into the
court room shortly after 10 O'Clock.
Deputy Attorney General Cooper, in
stead Of calling any more witnesses,
announced that the State did not feel
warranted in pressing for verdict.
He, therefore, asked that a nolle
prosequi be entered. This was done,
and Lewis was released, after being
warned by the court, which told him
he had had u narrow escape Lewis
was very happy at receiving his
freedom. His attorney, David j. Rein
hart, was also much pleased, this being
his first capital case.
In Superior Court jury OF in
QUESTION gave verdict Of 1915 in
favor of E. /. idu Pont as rent for the
! Anderson farm in 'Brandywine hun
dred, lately tenanted by William Kee.
| In the capias case of Richard Il.
kenney VS.. Clement FL. Congdon, a