The Wilmington daily Republican. (Wilmington, Del.) 1890-1902, 1898-05-24
ALEX. DOMAIN
is GUILTY.
But Only of Manslaughter
Which Will Jail Him.
STATE is DISAPPOINTED.
Had Hoped For a Verdict Of
Murder in Second De-
gree. Mr.. Harring=
toms Plea.

| Alexander Doman was found gnilty o.
manslaughter in Oyer and TermineI
Court at o'clock last night. All the
testimony was in at o'clock and from
before tho jury. The charge was deliver
ed at o'clock and the jury returned after
two hours'deliberations. Theverd!ct was
| surprise to the state, ,inasmuch as Messrs.
| White and Cooper had looked for second
degree murder verdict. DOMAIN was salts.
fed, smiling at his good fortune when
Foreman Selak ann ounced tho jury's de-
cision. Sentence was not passed.
State Detective Witsil, who was called
just before the noon recess, went on the
stand Immediately after court opened and
swore that DOMAIN had told him, at the
time of the arrest. that the child was
taken i'll about 10 o'clock Monday night
He Doman, bathed the boy and looked
after him until 3 o'clock the following
moruing, when ho died. This testimony
differed from Mrs. Williams which was
that the child had died on Saturday, and
Mr.. Harrington closely questioned MIR.
Witsll OF tho point but he was not shaken.
The Detectives testimony was in the ma
ture Of confession on the part Of the
prisoner.
MIR. Witsl further said that when he
and Detective McVey went to areest Do
man, McVey told the man he was wanted
for firing barn on the Smith farm Do
man resisted arrest but was taken at the
point of Mr.. Witsil's revolver. The de-
tective then left the stand.
DR.. Joseph n. Smith. coroner's physi-
clan, testified to making the post mortem
on tho body. He found two wounds on
the head, which had completely confused
tho scalp and which had Congested the
brain. They had caused death. In his
opinion the Injuries had been inflicted by
some blunt instrument. possibly heavy
stick. This was all DR.. Cooper told Mr..
Cooper on the direct explanation.
To Mr.. Harrington the doctor said an
ordinary stick would not cause the wounds
Neither could they have been caused by a
fall, as the wounds were on both sides of
the head and the scalp completely conlus-
ed.
Moses B. Flemming told of having CON-
versatlon with Doman In which he, the
prisoner said he didn't kill the child but 1t
had choked to death on n piece Of bread.
The cross examination revealed nothing
additional.
Harry Gillis, deputy sheriff, who was
with Detective Witsil at the time of the ar
rest corrob Grated the detectives state
ment.
Willard Rakes, who Is under indict-
ment for highway robbery, and who oc-
cupied a cell with Doman, was brought in
to court and testified that upon two oc-
casions Doman had told him that he had
died that night. He added that he did
not intend to kill the child. Rakes said
tho statements had been made to him with
out solicitation. The case here rested.
In opening, the defense Mr.. Harring-
ton, said the only evidence produced
against tho prisoner was by convict
which remains suncorroborated. Ho though
the case a tlmsy one and hoped to prove
that the child's death was due to natural
causes.
DR.. Swithin c. Chandler was first called
by Mr.. Harrington, but the physician
could not answer the questions concerning
modification because he had not seen the
body, which had been in the ground three
weeks, would be in q bad state of putri-
faction, and wounds on the head, II In.
1icted in the manner the Doman child's
were said to have been, would have caused
almost instant putrifaction of the brain.
According to states witnesses the child's
brain was In good condition, and the
doctors statements were therefore very
valuable to the defense as they proved that
death might not have been caused by
blows on the head. After Lydia Williams
reiterated the statement that the child had
died Saturday night, the defense rested
Then Mr.. Harrington asked the court
to charge the jury TO acqult the prisoner
of first degree murder inasmuch as tho
state had failed to prove motive. Mr..
White at this point. stated that the state
would not insist on verdict Of first de-
gree MURDER but did for second degree
murder verdict. lie believing that implied
malice had boen proven. Before the jury
Mr. Harrington made an able address. lie
reminded tho body that tho state had
failed to prove that stick had caused the
child's death, as the state had set forth in
its indictment.
Only kind treatment of the father to the
children had been shown, and that the
state admitted its case was broken down
when 1t announced that q verdict for first
degree murder would not be asked for
In closing Mr.. Harrington said the case
was completely enshrouded in doubt be- |
cause Of which hs asked for al acquittal
and which he felt satisfied the court would
so instruct the jury. Both sides conclud-
ed argument at D. 10.