Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1899-09-28
|TlNDTH QUICKLY ACQUITTED
|nrv In the Cecil Court De-
clares Him Not Guilty.
HlL REPORT OF THE TESTIMONY
\ showed That the Shooting
Was Accidental.

hi Showed That the Shooting
Was Accidental. 4
c,,.table wind,sh said He Did Not Shoot
pmrno.eiy, and Was Not Able to account
,or mo Discharge OF the wsapon-Jury's
rs,,beration Was Brief = windish Con-
,ratuiated on the Outcome.
Elkton, Nd, Sept 21. = At. five
minutes rast O'Clock last evening the
;nry in tho Circuit Court of Cecil
connty, after deliberation of 40
minutes, returned verdict of mot
suilty" in the case against Constable
Eilliam p. Windish of Wilmington,
charged with causing the death of Ali
Torrez at Perryville, Nd, by shooting
Nm on September 4th. while assisting
Detectiye William 7. Jones Of the p,
IN. h b. railroad in the performance of
M duty. Immediately after the YER
dict was announced, Windish was re-
eassd from custody and was embraced
by his son, Howard j, Windish of Will
mipgton, who has been taking an active
nart in looking after matters for the
deience. Constable Windsh was so
happy that he shed tears. He was con-
graduated by about everybody in the
court room and many people in the
town after he loft the building, and at
s.2s o'clock he and his son boarded
train for Wilmington.
The trial began at II O'Clock in the
morning alsl went to the Jury at s. 20
O'clock in the afternoon, everything
connected Herewith being disposed Of
with as much dispatch as possible.
The charge was murder in the second
degree. The court room was crowded
during the greater part of the session
and it was evident that the case was
attracting great deal of attention.
TRIED BY JURY.
In Maryland an accused person has
|the privilege Of being tried either by
the court or by jury and when
Windish was arraigned and asked how
he would be tried he replied ''by my
country which meant by jury, and
the jury was drawn, as heretofore
printed in these columns. Before the
Jury was finally selected several who
had been called as jurors were chal-
lenged by both sides.
MURDER IN THE SECOND DEGREE.
In presenting the case to the jury
States Attorney William s. Evans in
formed the jurors that the accused was
to be tried on the charge of murder in
the second degree. Jacob and George
Campbell Charles Keesey, Thomas
Chamberlain, J.. Howard Pugh and
Sheriff J. Ross Conley, the witnesses
called by the prosecution, testified TO
the facts connected with the shooting,
agreeing in the main with what has
already appeared in these columns.
One witness, however, Jacob Camp
BELL said Windish moved the revolver
after he had placed it in the car,
ts II pointing it at somebody. With
the exception of Sheriff Conley, the
testimony Of the other States witt
nesses was to the effect that Windish
drew his revolver, placed it in the car
door and fired. The sheriff tuld of
Windish surrendering himself after the
shooting.
wISDIsH SAYS THE SHOOTING WAS ACCT
DENTAL.
When Constable Windish was called
10 the stand in his own behalf, he
swore that the shooting was purely
accidental He said he went to Perry
Vile on September tn with Detective
William L. Jones of the r., W. & b.
ailroad, their object being to appre-
bend, if possible, four negroes who
we're suspected of shooting at q brake
man in the west yard at Wilmington
on the previous Saturday evening.
When they arrived at Perryville they
heard that negroes had been throwing
stones at a passenger train and directed
their attention toward apprehending
the stone throwers. BY direction OF
Detective Jones, who was directing
their movements, he went along the
track, toward the bridge over the Sus-
quehanna River. While walking along
be saw three negroes and noted their
description and shortly afterward in
formed Detective Jones that one OF
hem answered the description OF one
y The stone throwers. He and De-
iective Jones started back toward where
The negroes had been seen, and as a
freight train was approaching and il
was feared they might get away Jones
went on one side of the train and
windish on the other side. Windish
met party of tramps riding on the
train and ordered them TO get off. Al
,he forward end of the train after il
mad stopped he saw two colored men,
Who were arrested by Detective Jones.
Mr., Jones becSoned to Windish, who
went toward him. He (Windishl saw
acolored boy on the train and ordered
MN of and placed him under arrest
Alter he had arrested the negro ht
heard shufiling of feet and peered il
lhe side door, which was open Is OF
~ inches, He thought somebody wa:
inside and knowing the character O.
The people they were after drew hi,
revolver and placed it on the floor o
the car, which came nearly TO hi,
cala' Looking inside he saw two mel
aear the end of the car and commanded
mem to halt. One jumped out tn,
loor and as he did Windish's revolye
vas discharged.t II do not remembe
,ulIing the trigger" witness said ..
ul the revolver inside of the ca
imply, to intimidate the men ant
pointed across the car to the othe
uoor' The men were in the end O
.ae car, did not change the position
u the revolver. It was in the sam
position when il was discharged q
was whom it was placed 10 the car
was not pointed at anybody. | di'
~ 10y intend to shoot anybody did no
intend to shoot at all. 1t is myster
me how it was that the revolve
w %eat on, as | have no recollectio
pulling the trigger.
IoEREz HAD JUMPED FROM THE CAR.
Witnass also said when the pistc
sas discharged the space in the. or
isite doorway was clear, Torrez havin
JUMPED out. He said he was excite
~ inc time Torrez jumped out an
aus aus revolver was evidently accidental
tth,s o in the excitement. Aftc