Year: 1878




the Court Its Determination to Break


Up the Practice of Assaulting With


Deadly Wedpons--An adjournment


Until Monday Morning.


Special to the Gazette.


New CASTLE, Nov. 22.-The proceed
ings of court subsequent to those pub
lished in our late editions of yesterday
are as follows:


Court reassembled at three O'clock
John Mealey was then put upon trial.
The prisoner was then arraigned on a
charge of assault with intent to kill, COM
mitted upon James Toner, on MAY 25th
last, and plead "not guilty" Sharpley
for State II. r. Pennington for defence,
assigned by the court.


James Toney testified that on May
25th he was standing on Market, near
Harmony street, New Castle, in company
with friend, when Mealey and John
Clark came up. Toner spoke to Clark
and then asked Mealey how he was.-
Mealey replied that it was none of his
business, and that he (Toner) didn't
seem to care how he was getting along,
as he had passed him early in the even
ing without speaking to him. Witness
apologized but Mealy would not be plaza
ted, and high words ensued which drew
a crowd. Office Hanson then came up
and took Toner into custody, who said he
did not think he had hold of the right
man, that he should have taken Mealey.
He walked down the street a short
distance with the officer when the crowd
dispersed and the policeman released
Toner; short time afterwards he over
took Mealey near the Presbyterian
church and said to him, "you are a
dickens of fellow; you nearly got me
arrested;" Mealey replied, gruffly, that
he ought to have been arrested; this
made Toner mad and he called Mealey
"dirty little cur" Mealey said he did
not allow anybody to call him that, and
struck at Toner with something which
witness supposed to be knife or razor;
the weapon struck him in the mouth
cutting his tongue and slashing a cash
from the corner of his mouth down across
his chin; Toner then turned and ran
across the street and through the market
house; witness had been drinking some !;
had never had quarrel with Mealey.


This testimony was corroborated In
some points by two or three other wit
nesses, and DR.. Way testified that he
dressed the wound; that it was an in
cised wound extending to the bone, and
had evidently been made by some sharp
instrument.


This closed the testimony for the State,
and the defence called officer Hanson,
who testified to arresting Toner on that
night he was refractory and declined to
60 until the officer put his hand in his
pocket after a pair of nippers saw Toner
afterwards and he hallooed to him and
said Mealey had cut him Mealey and
Toner were both somewhat intoxicated.
Several witnesses were also called who
testified that Mealey bore good reputa-
ton and was very peaceably disposed
individual.


The case was then argued by counsel
on both sides, and the court charged the
jury saying no speech however opprobri-
Gus, will justify an assault even, much
less the infliction of bodily injury. II
the jury believed, from the evidence be-
fore them, that Mealey's intent in striking
at Toner was to take his life, they should
bring in verdict of guilty, in manner
and form as indicted. If they did not
believe such was his intent, but that he
male the assault as alleged, they might
corvict of an assault merely. In such
cases the nature of the weapon used and
the manner in which it was used, as to
whether 1t was directed to vital part or
no, should be taken into consideration
blythe jury in making up their verdict.
TIE jury then retired and after all alb
serce of fifteen minutes returned and
rendered a verdict of "guilty of assault"
The court then pronounced the follow
ingsentence, saying that it did so in Or
derto mark its determination to punish
allsuch offences with proper rigor. The
Sentence was fine of $500 and costs and
nim months Imprisonment.


At 40 p. NJ. the Grand Jury entered
court and was discharged until noon of
Molday next.


C'urt then, at 5 O'Clock, adjourned
untl Monday noon next.