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

DIR. d. |. McColley, corouer's ply.
stefan. attended Green ut the aims
house and subsequently at the Della
ware Hospital. He and Drs. Ogle and
Bastian held the post norton OK.
animation. In his opinion death re.
suited from exhaustion, resulting from
the wound.
DIR. Jesse Williamson, who also at
tended Green at tho hospital, gave
similar testimony to that Of DR.. Nc.
Colley.
DIR. McColley, upon being recalled,
said Green died on tho morning Of
October 4th, and tho postmortem ex-
animation was made on the same day.
With this witness the State rested.
OPENING FOR THE DEFENCE.
Martin d. Burris, counsel for the
prisoner, addressed the jury in his
behalf He commended that the assault
was provoked and there was no in
tention to commit murder. Mr.. Burris
talked 90 minutes
Blackiston, the prisoner, took the
stand in his own behalf. He said that
III the afternoon Green followed him
while driving about tho farm Green
drove his team in front Of Blackiston' Is
and the two men quarreled. He abused
Blackiston and wanted to fight, but
the latter would not fight, but re-
marked; You'll have plenty of time
to fight after supper. +. flaclyiston said
Green agreed to this, whereupon wit
ness suggested that it be put off until
Whitmonday, some later time, to which
Green replied that he would shoot his
heart out if he waited that long. Wit
ness said after supper he put "a knife
in his pocket in order to defend him
self The two quarreled in the yard
and Green struck Blackiston, where.
upon the latter pulled the knife out
of his pocket and threw it around,
when he probably cut Green, although
he claimed that he did not know that
Green had been cut. Witness said he
carried the knife with him because
he was afraid Green would kill him.
Witness, who weighs 1876 pounds, said
Green weighed Ito pounds and was a
head taller than him. He had known
Green about two months. They were
friendly for some time, but had several
quarrels before the day of the fight
In question. On cross examination, il
was shown that Blackiston and Green
walked from the house toward the road
together, having been told that they
could not fight on the premises. Black
iston said, however, that he had no
intention of fighting, but was on his
way home. After the fight Blackiston
went back to. the dairy and got some
milk he had left there and went home.
George Cook of Kenton, with whom
B'ackiston had lived for five years,
prior to going to Mr.. Rhoades' farm,
oil .I L., l.
Blackiston's reputation. lie was not
permitted TO testify, however, as he
knew nothing about him lately.
George w. B. Rhoades, on whose
farm the men had worked, said Black
iston was quiet, adding: ''He had to
be. | never heard of him being in
trouble with anybody" He said Black
iston did not make any effort to get
away after the fight.
Edward Beeson said Blackiston's
reputation was good. With this wit
ness the defence closed.
ADDRESSES TO THE JURY.
Deputy Attorney General Cooper, in
opening before the Jury, said the State
had established all OF the facts out
lined, with the exception of the use of
a revolver, which was out of the case.
He claimed that Blackiston was not
driven to the extremity of committing
murder in self-defence. He could not
conceive how the prisoner could have
been justified in using the dangerous
looking Knife. He said the verdict
should be Inanslaughter or murder in
the first degree. He held that the knife
with which the murder was committed
had been deliberately selected and de-
liberately used. Mr.. Cooper spoke for
about 20 minutes.
Mr.. Burris, who addressed the Jury
on behalf of the prisoner, before open
ing, asked to be allowed to defer his
remarks until this morning, but the
court decided to proceed. Mr.. Burris
held that Blackiston committed the
assault in self-defence.
Shortly after 6 O'Clock the court
charged the jury, which Immediately
retired.
After being out about IS hours, the
jury In the case of Henry Blackiston,
colored, charged with the murder Of
Charles Green, scolored, returned into
Court of Oyer and Terminer at 10. 10
O'Clock on Saturday with a verdict
of guilty of manslaughter. The court
had met between 8 and $50 o'clock
this morning, but the jury had not
reached decision, and recess was
taken until noon.
AT that hour, the prisoners counsel,
Martin Il. Burris and the States at
torney, Peter L. Cooper, DR., with a
few other attorneys, were present,
awaiting the return Of the jury.
Chief Justice Lore and Associate
Judges Spruance and Grubb appeared
on the bench about -. Is o'clock and
Bailif Manlove informed them that the
jury had reached u verdict. They were
thereupon brought in and Tipstaves
Clowney and Watson brought the pris-
oner into court.
In response TO the usual question as
to the guilt or innocence of the pris-
oner, Foreman Frank Mclaughlin an
nounced the verdict as mot guilty in
manner and form MS indicted, but
guilty of mauslaughter,
1t was learned afterwards that the
jury had taken possibly dozen ballots
and that two men were for second de-
gree as against 10 for manslaughter,
until just before they came in, when
all agreed to the manslaughter degree.
Chief Justice Lore announced that
the verdict met with the approval of
the court, but remarked that the YER
dict had perhaps exercised mercy. The
court felt that it should impose the
full penalty and sentenced Blackiston
to pay a fine of 1900, be imprisoned for
five years and pay the costs of prose-
cution.
Previous to the passing of the sem
itence. Mr.. Burris said he had nothing
TO say, and after it, Blackiston stated
that he had not intended to kill the
man, and thanked the Jury.
Death of Mrs Henry Thompson.