Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1898-12-01

Il
Blackieton were driving homeward,
and blaclsiston seemed to he looking
for something. At last, when near
The house, he left the carriage and
| picked up IA revolver which he said
belonged to him. Mr.. Rhoades told
him that pistol would get him into
trouble, and he could not have him
on tho farm with that pistol. On the
EVENING of May 10th, Green went out
| on the back porch and Mr.. Rhoades
heard him humming and singing
| Blackiston went out and shortly after
wards, the witness heard them quar-
rolling in tho yard and went to them
apd told them IL they wanted to fight
| tlloy would have to go off the place.
| They started towards the road and
Mr. Rhondes went to his house to get
his hat A few moments later he
noticed that tho men had stopped and
We're lighting before reaching the road.
Then ran to thom and Green ex-
claimed
He has "a lSnife.''
The witness SAW knife in Black
iston's right hand and Green had
Blackision caught around the wrist.
'lgrabbed the hand with the knife. :"
said Mr.. Rhoades," but Blackiston
would not give it up"
/ This witness called for his brother,
who came and struck Blackiston in
the neck, making him release the
knife.
After the men had been separated
they went together again. Green fell
on his face.
tBlackiston, " you have killed Char
ley.' exclaimed Rboades.
Yes, SIR said Blackiston.
81 will have to have you arrested, :"
added the witness.
Backiston said he would stay around
to wait for the constable, but Mr..
Rhoades told him to go home and stay
there, which he did. Green was put
to bed ard DIR. Kennedy was sum
moned. Blackiston was put under ar
rest next morning Green remained
under DIR. Kennedy's care until about
June LIST. when he was removed to the
State Hospital at Farnhurst.
The knife used by Blackiston had
been used for opening hogs. Ii has a
blade 9 inches long and is in evidence
in the case.
Harry NJ. Rhoades. the brother of
the previous witness, testified that in
one quarrel between the men, Blackis-
ton assumed threatening attitude with
a hoe. On the afternoon of the stab
bling, he heard Blackiston cursing
Green and got between the men.
Blackiston held a. manure fork as il he
meant business with it.
That night Green told BIackiston
that he had cursed him long enough
and now they would prove which was
the best man; that Blackiston had
been carrying pistol, whereas his
fist was enough for him (Green).
Blackiston had his hand in his pocket.
In the fight, Mr.. Rhoades believed
Blackiston aimed for GREEN'S breast
but Green turned and the knife struck
him in the back.
On cross examination, Mr.. Burris
asked the witness If be had much love
for a "nigger, anyhow.
WELL" he replied lin their place 1
have as much love for niger as you
do. -
He had not been friendly to Black
him once and he had chased the col
ored man who had got bar of iron.
''Did you have any ill-will to Black
iston?" asked Mr.. Cooper.
X Yes SIR" said the witness.
Edward Beeson, nephew of the
Rhoades, testified as to several quarrels
between the prisoner and the deceased,
his evidence being favorable to the
prisoner, tending to show that Green
was tho aggressor in chem. On one
occasion, Green threatened to shoot
Blackiston through the .heart.
Justice of the Peace William r.
Reynolds of Middletown, identified n
paper which he bad drawn up con-
tanning the statement made by Green
on the day after the stabbing. He
asked Green if he thought he was
going to die. Green said he guessed
he was. The magistrate wanted to
know what he thought Then he said
he thought he was going to die. There
upon MIR. Reynolds swore him and took
his statement, which was offered in
evidence.
Mr.. Burris objected to its admission
on the ground that it was taken five
months before GREEN'S death.
Mr.. Cooper held that it was proper
to be admitted.
Court took recess until 2. o'clock.
The Question having been raised Mt
the morning session as to whether the
court should admit as evidence a
deposition made by Green soon after
the alleged assault, but some time
before death, Deputy Attorney Gen
eral Cooper cited authorities to show
that the lapse of time should be no
barrier to admitting the statement as
evidence, holding that at the time it
was made it was the prevailing i'm
preston, on the part of Green, as well
as others, that the injury would cause
GREEN'S death. The court decided not
TO admit the deposition in evidence.
Harriet Jones, colored, who has been
living for about eight years on the
farm OF George Rhoades, near Middle
town, where the trouble occurred. She
stated that on the night of the fight
Blackiston and Green ate supper to-
gether. During the evening, Mt the
request of Blackiston, she gave him a
butcher knife. Green finished his
supper first and went out, but the
witness saw nothing of the fight. After
ward, however, she saw Blackiston
leave the farm.
Ellen Miller, colored, who also lives
on the farm, was well acquainted with
Blackiston, who had kept company
with hors She saw Green go out Of
the house and stand on the porch and
sing. Blackiston also went out and
the two men had words, some of the
talk being about the witness. She
asked them not to fight about her.
Blackiston told her to attend to her
own business and she did so after that.
1t was brought out in cross-examina-
ton that, while the woman and Black
iston had been close friends, prior to
the time of the fight they had had
a falling out and were not on speaking
terms,f