Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1898-12-01
bUILTY0F MANSLAUGHTER
Ierdlct In Case Of Henry Blacklston,
Accused Of Killing Charles Green.
FINDlNG RENDERED ON SATURDAY
fine Jury Had Been Out About
Eighteen Hours.
ENTENCE, FIVE YEARS IMPRISONMENT


ENTENCE, FIVE YEARS IMPRISONMENT
Tho attorneys and the court again
eviewed the trial list of cases in the
hyperion Court yesterday afternoon
eek. Tencases were marked for trial, q
|ere continued, and one was referred
4 counsel. In the case of Susan Muir
Inv VS.. the Fire Association of Phila-
alpha, Judgment for 500 was granted
1l1e plaintiff. That of Kate h. Palmer,
'{1fendant below appellant, vs.. @. w.
<3bodley, plaintiff below respondent,
MIS- discontinued. The cases of William
X Faulkner and Henry Dugan vs.. the
Wilmington City Railway Co. were
discontinued, the defendant to pay the
bsts.
In Court of General Sessions, when
ID court was about to take up the
ses of Robert Stewart and John
prton, charged with highway rob-
Dry on Chang Lee, laundryyman at
b. 1926 East Sixth street, Walter ii.
ayes, representing the prisoners,
owed that the indictment be quashed
1|p the ground that the offence charged
Vas not highway robbery, having
|3ccurred within building. Deputy
'Attorney- General Cooper held that
ubder the statute, a highway robbery
might be committed on or near high
WNy. The court sustained the indict-
1|9pt, and the trial was begun.
* thang Lee testified that two men
Tame to his place late at night and
d0e of them asked If he could launder
{No nechties. He said he could not
d. it in tho time desired. Then one
"a the men demanded Lees money and
to kill him with IL knife.
lee handed over his money, about 80
Id all. When the men left the place,
he Chinaman fired several shots.
Harry W. Bailey, colored, testified
Nat he had been talking to Stewart
I'D shortly afterwards heard cry of
n lfrder and saw Stewart coming from
Nhang Lees place.
IN Officer Daniel Eakin swore that he
as ut Fifth and Pine streets when he
card shots and running towards the
fpint whence the sound came, saw two
lnen running and captured one of them,
&tewart.
s. officer Thomas F. Kelley testified
fAAt before the affair he saw Norton at
Ffth and Poplar streets, talking to a
man who were soldier hat. Stewart
wps a soldier. on furlough.
s Mr.. Cooper announced that he would
nIpt press the charge against Norton.
H For the defence of Stewart, Mr..
Hayes attempted TO show that he was
1pt present when The robbery occurred.
Iennie Blackburn testified that she
Vas talking to Stewart at Fifth and
lombard streets when she heard a
tpmmotion. Stewart swore that he
VAS not one of the men in the ''hold
m, but declared that he saw two men
rnnning, who narrowly missed hitting
Aim as they turned q corner. II
& After the jury had been addressed
IN Messrs Cooper and Hayes, Judge
Hpruance delivered the charge. The
hurt held that the jury could not find
M verdict us indicted ruling that
Within the laundry could not properly
ne included within the intent of the
highway no bbery statute, but that a
verdict of robbery could be returned.
=. ftcr about 10 minutes delibefation,
the Jury returned a verdict of not
Chilly as|to Norton and guilty of rob-
hery as to Stewart. The. court SEN
fenced Stewart to pay fine of S100 to
land one hour in the pillory, to re-
ueive 20 lashes and be imprisoned one
Mar.
was taken until 10
VA lock Friday morning.
"a The trial of Henry Blackiston, col
1ftd, for the murder of Charles Green,
c91pred, was begun before the Court
Of Oyer and Terminer, Chief Justice
Lore and Associate Justices Spruance
and Grub being on the bench, on
friday. Blackiston is alleged to have
Stabbed Green at Middletown in MAY.
the injury resulting in Green's death
at the Delaware Hospital, last month.
About an hour was occupied in filling
the jury box. Martin B. Brrris, who
tho prisoner, asked each man
& called whether he had formed and
Impressed an opinion rs to the guilt or
Innocence of the prisoner, and Deputy
Attorney General Peter l.. Cooper, Jr.,
for the State, asked him if he had
conscientious scruples against finding
n verdict of guilty where the punish
lnent is death If the evidence should
Warrant him in finding such verdict.
Samuel Moore said he was opposed to
capital punishment, but answered In
4 he negative to Mr.. Cooper's question.
IMr. Cooper challenged him. John w.
Roberts had formed but not expressed
|ln' opinion. He was challenged by Mr..
p3urris. James ID. Eliason had formed
and expressed an opinion and did not
think he could give an impartial ver-
dict. Frank Burchard was excused by
the court.
The result of the examination was as
follows;
Challenged by the defence - George
nj. Carter. James II. Webster, John J.
Reynolds, John Reese, Washington r.
King, Iachariah McDonough Robei Is,
clayton Won Culin, Levi s. Naylor,
Frank w. Morrison, John w. Roberts,
Edward L. Davidson, Giles Lamhson,
lordecai Lurty, George G. Brown,
$amuel Kidd, Nathaniel b. Hill, Will
Jam IL. Roberts, Robert Betty-1S.
a Challenged by the State = Samuel
Moore, John II. Francis, Thomas B.
Chambers, Matthew O'Rourke, Richard
~ Williams, Frank Petitdemange, Sir.
I6.
Conscientious scruples - David A.
Ward, Frederick Currinder-2. ~
Formed and expressed an opinion
concerning the guilt or innocence Of
the prisoner-James ID. Eliason-L
Sworn as jurors to try the case
Frank Mclaughlin. Samuel Allcorn,
John Peoples, John Davidson, Price
Dilworth, James Downey, Nathaniel
w. Ratledge, George Speakman, James
y. Holt, Alfred d, Racine, Samuel W.
Talley, John II. Peoples.
Deputy Attorney General Cooper, in
opening to the jury in the murder
rase defined the various o,radas4 ~
and held that this was a
case of murder with malice afore-
thought. As the first witness no called
ltnorcro Az L Rhan.1nn =. GU Iy.l.........