Evening journal., 1898-11-26
BLACKISTON IS GUILTY.
The Jury Returns a Verdict
of Manslaughter.
GETS FIVE YEARS IMPRISONMENT

BUT GElS IdE FULL PENAulIl |
OF THE LAW FOR AiANsIIAUGH-
TER -BIACKISTON THANKED
THE JURY.
The trial Of Henry Blackiston, col
ored, for the murder Of Charles Green,
also colored, was continued in the
Court Of oyer and Terminer yesterday.
During fight at Middletown last May
it is alleged that Blackiston stabbed
Green in the side with knife. Green
lay in the hospital until last month,
when he died of the wound that had
been inflicted.
Harriet Jones, who waited on the
table where the men ate, said that
while they were eating supper, Black
iston asked her for butcher knife
She heard Green and Blackiston swear
ing in the yard, and heard her name
mentioned. She asked them not to
fight over her. Helen Miller also
heard the men quarrelling in the yard,
and heard BlaclSiston swearing.
Drs Ogle, McColley, Williamson and
Kennedy testified to the nature Of the
wounds of the man. They all agreed
that death resulted from shock brought
on by the wounds. The state then
closed.
Blackiston was the first witness for
the defense. He said the trouble started
in the afternoon. Green and he had
some trouble about driving the teams
, and Green wanted to fight. The wit
ness would not fight at that time, but
told Green to wait until after supper,
I Both msn ate their supper, without
saying anything When Blaclkiston
was going home Green again wanted to
fight. but Blackiston refused. AS they
were going along together Green struck
I him in the face. He then pulled the
Z knife from his pocket and threw his
4 arr around backward. He did not
know until sometime afterward that he
4 had cut Green. The next day he was
arrested. In cross-examination he said
he had two or three quawels with
Green.
4 George Rhoads and Edward Beaston
/ testified to the prisoners previous
d good character.
: Mr.. Cooper and Mr.. Burris addressed
4, the jury and Chief Justice Lore deliv-
g cred the charge.
> The judges waited until IL O'Clock
d last night for a verdict, and as the
s. jury had not reached an agreement a'
n that time. the court ordered them lock
l. ed out for the night.
This morning, at 10 o'clock, the jury
sent note to the judges informing
them that Juror Holt was sick. I'm
~ mediately the court ordered that thu
~ Jury be brought into court. When Mr.
~ Holt was questioned concerning hi
~ condition. it was informed that he wat
~ not sick enough to demand the atten
~'s ~ ton OF a physician. The jury was sen
u back and court took a recess nntil L
= o'clock.
y AE 1915 O'Clock the judges returne
= to the bench and the jurors came II
" Blaclxiston was removed from the cel
and placed in the dock.
The foreman was asked if they ha
in arrived at a verdict.
- .'Not in manner and form as indic'
,s ed, but of manslaughter," said tn
,a+ foreman.
fa- The additional jurors were dii
m charged from further attendance, an
,ar the petit jurors until Monday mornini
After that the judges conferred r.
garding the sentence.
MIR. Burris, attorney for the defens
the was asked if he had anything to sa
af- and replied in the negative.
en- Chief Justice Lore told the prisons
ave to stand up. After telling him tn
ION his case was clearly one Of ma
slaughter, he said that it was Of su'
character that the full penalty shou
be imposed. A sentence of fine
ate $500 and five years Imprisonment W
.eu' then imposed.
lcss "I didn't intend TO kill the mar
on said Blackiston. as he was led out, %
'on' 1 thank the jury"
The jury took seven ballots. On
first six favored verdict Of murd
'. 'ooo in the first degree, two manslaught
-, -. and four expressed no opinion. AT Il
'n'9 iu all we're won over TO manslaught
s and rendered a verdict according
The court complimented them on tn
action, and adjourned until 10 o'clc
on Monday
SONS OF DELAWARE OFNFTCERE
-, AT a meeting Of the Sons Of DE