Evening journal., 1910-12-16
ACQUITTED OF
MURDER CHARGE
Accused Italian Shows That
Shooting Of Friend Was
An Accident

In the Court of Oyer and Terminer
last evening a verdict OF not guilty
was returned against James Gausey
who was on trial charged with the
murder OF Charlie McCusey, of New
Castle. Following the acquittal there
was a pathetic scene as the man walk
ed from the dock free man and kiss
ed his wife and baby. The jury had
been out only half an hour when II
filed into court with the verdict set
ting the Italian free.
In opening for the defense I'm the
afternoon J. Frank Ball said he would
prove that the shooting was not mur-
der in any degree. The men were
friends he said, and Charlie told at
least five people the shooting was an
accident. The prisoner has a previous
good reputation Mr.. Ball said.
Mrs. Catharine Boyle then testified
that on the day of the shooting she
went into the shoe shop and Jimmie,
Charlie and man named Carlo were
fin the place. The men were laughing
and joking and FIVE minutes later she
heard the shot When in the shop the
men were not playing cafds witness
said. After thee shooting her husband
and herself ran into the shoe shop.
They found Jimmie pulling his hair
and saying MY best friend" They
found Charlie leaning over the side
Of the chair. Witness said she saw
Charlie the following night in the
Delaware Hospital and he said: I'm
bad of and | am going TO die" Then
he added, this was an accident and
Jimmie did not intend TO do IT,"
According TO the witness Charlie
added, I'VE were not playing cards
and did not have dispute over 10 OF
20 cents.
Thomas E. Boyle corroborated his
wife as to the statements made by III,
wounded man.
Michael Gifoni said he knew Jimmi,
and Charlie and the day after the
shooting asked Mrs BOYLE to go TO tn,
Delaware Hospital with him TO Sc,
Charlie. They went there and he heart
the conversation between Charlie and
Mrs. Boyle as detailed by former wit
nesses.
DR.. Collision said he was presen
during the conversation and hear,
Charlie say there had been no quarre
between them and that the shootinl
was an dccluenI
Officer Carman DiMare testified tha
Charlie had told him the shooting wal
an accident.
Mayor Evan G. Boyd, Of New Cas-
tie; James +. McIvor, Agent Franl
Stout and Patrick McGrory testihe,
they would not believe Josephine OF
Martha White, two State witnesses. OF
their oath.
Patrick McGrory, Nicholas Fidance
James B. Brady, John Conner ant
Frank McGrory gave evidence as {,
the reputation Of the prisoner.
Prisoner Tells Story.
James Gansey then told his story o
the shooting. He said he had know
Charlie for three years. On the da,
OF the shooting he took broken guI
away from his little boy and put Il ii
the cupboard. About 8 o'clock Charli
came in and shook hands. Ganse
needed a model for a pair of shear
and found the gun. He was lookin
at it when his finger pulled the trie
ger and the shot was fred and Charli
fell 10 the ground with the bullet II
his head. The prisoner said he dil
not point the gun at Charlie The,
were friends, he said, and he did no
know another revolver was in tht
cupboard.
Attorney General Gray showed tn,
witness the two revolvers, which HI
identified. During identification o
the revolvers Gansey cried at time
and his frame shook as he showed MI
Gray how he turned the revolver.
The prisoner said the first persol
in the store after the shooting wa
his wife who told him the revolve
belonged to a boarder
Constable James J. Wright was call
ed and asked If the boarder had toll
him he had placed this revolver 4
the closet The evidence was not ad
mitted.
Both sides then rested, and afte
short arguments the jury was charge
by Judge Hastings.