The Wilmington daily Republican., 1901-04-04
PAYNTER !.
- y
NOT GUILTY

Before Judge Churchman in the
Municipal Court this morning Mar
tin T.. Paynter was charged with hav.
Ing committed an assault an Samuel
Nj. Keen.
The prosecuting witness was called
to the stand and the Deputy City
Solicitor filed an information charg-
ing him with assault and battery.
Former Judge J. Frank Ball said
the proceedings were rather Irregular
The prisoner was held for appearance
on the charge Of assault with intent
TO commit murder and the warrant
charges him with assault.
Keen testified that on the morning
Of March 26 they were at the store
of i. S. Dure, No. 407 Shlplcy street.
On that morning Pay nter was about
to leave the place with his tools.
Witness objected on account Of hav-
ing loaned money to the man. lie
said he came to the store with
black heart and proposed to leave
the place. They had a tlstle at the
door and witness was cut on the
hand. He could not tell whether it
was a razor or a knife but he was cut
TO Mr.. Ball there is not the least
of IL grudgc between him and Payn-
ter. He had threatened to thrash
Payntcr the day before. He said
that he was leaving because witness
had accused him of false statements.
When Iayntcr came down he said he
was going out the door to witness or
he would die right there. Then the
witness put his hand on the door to
keep him from going. He was scared
by the remark. He never struck
payntcr.
10 Judge Churchman he said that
he could not tell how he was cut
When Paynter's arm came around
he grabbed him and could not tell
how he was cut as he held a firm
hold on Paynter, The only reason
he stopped Paynter was that he
wanted to keep him until Mr.. Dure
came.
John Lewis gave corrobative tes-
llilioHp uoOul VIZ SpINSI outloll w.
tween Keen and Paynter and la.
ter saw the tussle between the
men. After Keen was cut Pavnter
had knife with blade about
four inches long
lncross examination witness tcs-
tilted that Keen while upstairs said
that if pavuter went out with his
tools it would be over his dead body
The knife Paynter had was one
OF his outfit.
Robert McFadden was in the
store end separated the men. But
Keen put his hand on the latch
not TO let payutcr out and the
trouble was rene we'd kecns
hands were not cut until he had
pulled them over paynter hand
which held knife. WhGn he came
dow n stairs I'aynter had the tools
in both hands. paynter vas m
sistlng on being allowed to leave
the place.
Frank S. Durc testified that
when he was going to the store hs
iiiSl Il HtCl uhk lIlE ldltef OleTSU
to give his watch in payment for
the debt. He said he had terri
bic fight with Keen and that he
had gone prepared for Keen that
morning.
Mr.. Ball asked that the case be
dismissed. He reviewed the evil
dcncc produced and said the cut
ting vas done while Keen held
Paynter S arm.
Deputy City Solicitor Lynn re-
piled. Judge Churchman sad It
was Apply impossible for Payn-
ter to cut Keen on the inside of his
thumbs. There was no doubt but
that Paynter made threats but no
evidence had been produced 10 show
how the cutting was done The
cnly manner possible in which it
could be done was when Keen
pulled his hands away and there
lore the defendant did not do it,
The case is accordingly dismissed.