Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1898-06-02

Aho Jury u NtfulcL Ot guilty nut
Recommends Mercy.
When the trial ot William j. Fisher,
colured, charged with breaking and on
tering the house Of Mrs Maria Hunt
at night, with this intontion uf feoni.
0usly aHsaulting her, was resumed 10
| the Court of Oyer and Terminer, yester-
Ilay afternoon week, the defendant, who,
in tho morning. while on cross exumi-
nation. denied that ha told Detective
| Witsil and others at the police station
that he entered the alley on the Hunt
| premIsss because mob was chasing
him, was called in rebuttal by mis- cour
sci, j. /. Nielda, and asked whether he
sud 10 anybody at the police station
that he raa up the alley because a mob
WIS after him.
Deputy Attorney General Cooper oh
| jected, contending that the witness
| could not be called to contradict him
self and that IL would not do in a Grim.
| inal court FOR witness after | - hours
| deliberation, during which no consid-
cred the praponderance OF evidence, to
have opportunity to come into court
and say no used words to the effect of
those alleged, and the objection was
| sustained
Mr.. Nlelds asked Fisher to explain
the circumstances of his statement Mt
tine pollGB station with reference to
being chased, but, after tho prosecution
had ohieGTed, he Withdrew the question.
Next, Fisher was asked whether he had
any statement to mako, and replied that
he told Detective Witsil aud others that
he had got in fuss before he went
into the nlley, adding that he was
chased. On cross examination, he said
ha was not in front of the Hunt house
on tho night in question. lilo was
handed cap, and, after putting it on
his head, stated that it did not fit him.
lilo declared that he had never worn a
cap in this city.
The defence rested at g. 05 o'clock.
Detective Witsil, in rehuttal, re.
peated the statement alleged TO have
been made at tho police station by
Fisner. lie testified that he examined
the prisoners clothing, hut did not see
the rants which the defendant awore
wers made while he wns climbing
fences. lie said he had seen Fisher
wear cap like the one exhibited 10
court
Mr.. Nielda objected, conteuding that
the cap had not been Connected will
Fisher in my way, aud the objection
WINS sustained.
Next, the legal propositions were
submitted, tho State consuming 10
minutes and the dafence %.
Attorney General White hegan the
opening addrass to the Jury ut 3. 55
O'Clock, and finished at 4. %.
Court then adiournsl.
Mr.. Nields resumed his argument at
10. 20 o'clock Thursday morning, and
finished at 10. A.
Deputy Attorney General Cooper, who
made the concluding address, con.
sumed 40 minutes.
After 30 minutes consultation, the
judges returned to the court room, when
Judge Grubb delivered the charge TO
the Jury. lie consumed IL minutes,
and emphasized the fact that the Jury
must be satisfied regarding the defend
ants intention.
After Az hours deliberation, the
jury rendered a verdict of guilty in
manner and form as the defendant
stood inflicted, and, Notwithstanding
they had been instructed that the pen
atty for the crime is death, they recon
mended him TO the mercy OF the court
The recommendation for mercy caused
surprise, and gave riHe to the opinion
that sumo OF the jurors did not know
what they we're doing when they pro.
nounced the accused guilty.
The trial of A bsrt Trusty, colored,
indicted for numbering Fannie Kelley,
colored, at No. 10 Lord street, on April
18th last, Thursday afternoon.
After Clerk Of the Peace Foerd had
read the Indictment, Deputy Attorney
Ganeral Cnoper announced that, not.
withdrawing Trusty had bsen indiutad
for murder in the first degree, the State
would nsk for verdict OF guilty oil
manslaughter only. Next, he defined
manslaughter and outlined the case.
Martha Duckery was the first witness
called. She testified that, on April
had gone to market. and late ut nigh
proceeded TO Fannie's house. Ate,
giving them seats, Fannie went upstairs
anil, calling to Tfusty, who was "hel
man." Rsked him whether ha wai
asleep, Trusty answered, and Fannie
/ began talking to him regarding money
she had given him for the purpose oil
: buying shoss for her, She said that hC
! had got second hand shoes, and spenI
tina remainder of the money for drink.
TrustY told her TO go away, adding that
0 she had been drinking and would gel
the worse OF it. She replied "SleeT
On; this is the last - sleep you'll pei
in this house. - Next, said the wit
4 meas, she heard lamp fall, and Fannie
came running down stairs, in blaze
= Fannie was burned badly on the breast
: her skirts were ablazs and her pocket
. book, which was on her breast was
= burned Eanrie shouted "Put me- out
Put me out! 70 and the witness ant
Ruley distinguished the flames. Next
Fannie said II am burned w.. The
witness and Ruley' TOOK her TO lIarrie
Johnson's house dnd put her on {
Y lounge. when she asked for drink Of
I water, and Dan Green went after il.
/. Mr.. Cooper asked the witness whethe,
i Fannie said anything then, and she re
. piled in thu Affirmative. what wat
n it?h Mr. Cooper asked. Julian O,
Walker, counsel for tine defendant, OBJ
jected to the question, contending tina
it was not admissible, because what
!! Fannie said then, i've minutes afte,
q tho flames were extinguiahed, WINS moi
t contempuraneous with the oGcurrppce
a Mr.. Cooper devoted the next hour ant
10 minutsa to arguing 10 favor Of thu
: ndmissibility of the question,
TruHty's trial was resumed at 10. II
Il O'Clock on Friday and inundated,
: tho court rued that tho question which
!, u Mr.. Cooper had asked Martha Duclsery
= regarding the statement made to th,
witness by Fannie Kelley, waa in
admissible.
Martha Ducsery was recalled. Sh,
testified that she saw Trusty on th,