The sun. (Wilmington, Del.) 1897-19??, 1898-05-26
FIGHTING
FOR HIS LIFE
Mr.. Nields Gains One Point for
His Colored Client William
Fisher.
ARGUMENT NOW IN PROGRESS
The Case Will Go to the Jury Today
and the Defendant Will Know
His Fate---Witnesses Called
by the State in
Rebuttal.
ARGUMENT NOW IN PROGRESS

At the opening OF the couit yesterday
morning the argument in the Willial
Fisher case relative to prisoner answer
| ing the question ii he had ever beer
convicted Of house-breaking, was taker
up by Mr.. Nields.
Deputy Attorney Cooper replied by
citing numerous authorities to suppo., !,
his point. Attorney General Waite
closed the argument in the States behalf
After short consultation between the
judges Judge Grubb ordered the sten.
ographer to read the question, which
was as follows: "Have you ever been
convicted of house-breaking in this
court?'
| After hearing the question Judge
Grubb stated that it was the opinion OF
the majority OF the court. Judge Spru-
ance and himself, that the question
should not be answered, as the records
could be produced. Judge Lore dis
sented
Prosecutor White noted an exception
to the rulings. A subpoena was issued
| for Clerk Adams, Of the Municipal Court
to produce the records and snow the
prisoners character.
Fisher then took the stand and was
asked by Mr.. Cooper if he had not been
arrested for breaking into the house of
Samuel B. Forkes and acquitted on the
ground of lack of evidence.
| The question was objected to and sus-
tanned by the court. Mr.. Cooper then
asked Fisher if he was not the man who
was convicted in the Municipal Cou1t in
October, '96, for keeping disorderly
house at No $40 Tatnall street
Mr.. Nields objected and was sustained
The question asked Fisher by Mr. Cooper
if he was not the William Fisher who
was convicted on May q, '07, for as
sault and battery Oh Julia Clayton Was
also objected to by Mr.. Nie!ds and he
was again sustained by the court. The
State then gave up this line of testimony
and cross examined Fisher as to his en-
trance to the Hunt house. Court adj
journed until 2.30 p. m.
Court reconvened at 2.45 p. IN. with
Fisher on the stand.
He was asked By Mr.. Nields if he had
not at Municipal Court stated that he
ran up the allev because he was chased
by q crowd. The question was objected
to by Mr.. Cooper, and was Withdrawn
by Mr.. Nields. Fisher was then asked
if he ever wore the cap produced by
Detective Witsil, and the prisoner stated
that he had not. He then put the cap
on and it proved much too large for him.
The defense rested at p. m, and in
rcbuttal Detective Witsil was called by
the State and stated that Fishers cloth
{np l,a, H1
into the police station.
Officer Black Oh being called was
asked if he had ever seen the prisoner
wear cap. He stated that he had.
Mr.. Cooper offered the cap in evidence,
but it was objected to by Mr.. Nields, and
the objection was sustained by the court.
Sergeant Massey said that the prisoner
told him he ran in the yard because he
was chased by a crowd
Officer Payne said that there was no
tear in the prisoners clothing when he
was brought to the police station.
At 500 the State closed its case and !
MI. Cooper cited the law relative to
house breaking with the intent to COM
NIT felony. Mr.. Neilds replied and
Cooper addressed the jury at
1 p. IN. He stated that the case was
peculiar in many respects, During his
argument he dwelt strongly upon the
condition OF the prisoners clothing when
he entered the house, holding that had
his intent been burglary, his actions
would have been entirely different. He
closed his argument at 4.25 and Mr..
Neilds made strong appeal for his
Silent. He stated that he did not ask
the Jury to believe the testimony OF
Fisher other than that which was cor
'oborated as he was entirely unworthy
If belief. At 5 o'clock court adjourned
md Mr.. Nields will finish his argument
his morning.