Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1899-09-28
rortunity to see inside the car and

/. u
ing man. lie saw Torrez when he
jumped out. He had no warrant for
Torrez's arrest and had no commission
to make arrests in Maryland, hut had
been deputized by Detective Jones,
who had authority to do SO. The
pistol, which was self -cooking weapon,
was not cooked when he placed il in
the car. Witness did not know whether
the car door was open wide enough for
his prisoner to see inside.
wINDIsH's PRISONER CARBOHYDRATES HIM
William Booker, colored, who was
Windish's prisoner at the time of the
shooting, testified that Windish had
hold of him and he was alongside of
Windlsh and against the car Witness
saw Windish draw his revolver and
heard him cry halt" Windish, he
said, placed the revolver on the floor of
the car and it was pointed across the
car and not at anybody. There was
nothing in the action of Windish to
indicate that he intended to shoot at
anybody or that he shot Intentionally.
DETECTIVE JONES on THE STAND.
Detective Jones corroborated Windish
concerning the facts connected with
their visit to Perryvillo and the reason
therefor. Ho said he had instructed
Windish to go with him to look for the
negroes who had thrown stones at
train. At the time of the shooting
Jones was threc or four car lengths
away and did not sac tho shooting.
When he heard man had been shot
he went to the scene of the shooting
and found the wounded man lying on
the track and had him properly cared
for.
Richard Kendall of Wilmington,
fagman on one Of the F., W. & B.
railroad trains, was about two car
lengths away Mt the time. He saw
Windish and his prisoner standing by
the door, Windish had pistol in his
hand and his arm was resting on the
car floor. He did not see Windish aim
the weapon at anybody.
GOOD REPUTATION OF THE ACCUSED.
Judge j. Frank Ball, DIR. Howard
Ogle, William r. Lyman, Peter j.
Ford, Magistrates Lewis Sasse and
John f. Daley, Levy Court Com
missioner John j. Meaey and S. Ii.
Foulk, all of Wilmington, testified to
Windish's excellent character and the
us an officer and citizen of the COM
munity in which he lives.
All of the evidence on both sides
being in at o'clock. Assistant States
Attorney Finnan addressed the jury.
did not specify any grade of CRIME. He
said Windish knew the revolver was
loaded and had no business to use it.
q tln.
they were guilty of nothing worse than
a misdemeanor and the law says it is not
right to shoot people in such cases.
Windish had no warrant for anybody
who had been committing fragrant
misdemeanor and there had been no
breach of the peace. One of the wit
nesses, Jacob Campbell, had said
Windish pointed the pistol at some
body. He considered it case Of
criminal negligence.
l.. M. Haines Of counsel for Windish,
followed Mr.. Finnan. He held that tine
charge of murder was nonsense. He
considered the shooting an accident
and pointed ont that there was no
malice He also called attention to
tho fact that Windish was justified in
drawing his revolver, as he was after
violent, lawless men. ,H 5.A -H5
wTNDIsH HAD AUTHORITY IN MARYLAND
Attorney Crothers, who closed fol
| the defence, emphasized the fact that
| Windish had authority as an officer in
| Maryland at the time, having been
| deLutized by Detective Jones, who
| had been commissioned an officer under
| the laws of Maryland and had power tc
deputize anybody to assist him. Mr..
| Crothers made an able argument in
favor of his client, in which he re-
viewed the testimony, which, he said,
tended to show that the shooting was
accidental. He also quoted the law
and explained it to the jurors.
y STATES ATTORNEYS PLEA.
States Attorney Evans closed fol
the prosecution. He told the jurors
he would leave it with them to de-
termine the grade of the crime. He
| thought it mounted up to murder in
the second degree, but il the Jurors
thought different they could find .
verdict of manslauehter. He could moi
see how the accused could be ac
quilted. lie said the killing wa'
felonious, in that it was the result o
wanton careessness. He said the cast
should teach officers that they SHOULD
not produce weapons in such cases.
Tho jury retired at .. 20 O'Clock with
out being charged by the court.
now ToRREz WAS SHOT.
| 1t was not made clear during TIN
trial Just how Torrez received che fata
shot, but the most reasonable con
clusinn is that when he saw the re
yolver he Wung out the door and wa
cIineing to the outside of the doc
when the shot was fired and was strucl
] by the bullet after it had passed
through the door. This Is the onl,
reasonable conclusion if he was no
inside of the car when the shot wa
fired and the only evidence on thi
point was to the effect that he ha'
Jumped out the door. The hole in tn
door was about seven feet above tn
ground, while Torrez was only i've fee
four inches tall
THE ACCUSED WELL TREATED.
Constable Windish has been We
treated since his incarceration and h
is loud in his praise of Sheriff Conley
who has treated him as guest, givin
him one OF the best rooms in the hous
and permitting him to take his meal
in the house with the family.
, In speaking to reporter OF Ever
] Evening concerning the shooting, MI
Windish reiterated what he had sal
on the stand He. said he had neve
! fred his pistol at anybody during a
, of his experience as an officer, and
, the case in question the pistol wa
i accidentally discharged as result
the excitement attending the lumpin,
OF Torrez from the car. He exceeding
regrets the occurrence.
: uT:sl;.h aooon,oanied h