The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1843-09-23

DesTpttDe htde 10 Doyfcstotcn, and IT'S stfudtto,t-
Appearonce of the Buildings, Strssts Court, Trial,
| Conrtction-G Suspense OF Sentn nee Of Kelsey
Of Rape Memory-kioters and Mobtes cleared for
| the present
! DEAR BENNETT
| After ride OF about tour hours from the vicinity
of Fallsngton, through most ptless and merciless
storm of steady rain and cold wind, on Monday
last arrived here safely with our apparel some.
what dampened, and experiencing little more ia
tgue than otherwise, provided the weather had been
clear and pleasant. The prospect OF the country
upon the whole route was enchanting and delight
full. After leaving Newtown, which is a borough of
some importance 10 miles from Morrlsvle, I'VE found
that we were continually on the ascent, travelling
over numerous hills, and even small mountain,
near which is the vale of Lahasaka, the scene of
Pennsy lvanan tale, written by L M Paxson, one
OF the editors OF the Newtown Journal The farms,
averaglpgIrom 80 10 200 acres, told well tor the pro-
ductive luxurlance OF their corn and buckwheat
crops; small farms, as general rule, being better
titled and improved than too very large tracts.
The dwelling houses, barns, and other improve
ments, with their neat fences all look ed remarka-
| bly, well, and went far TO show that the Bucks
County farmers were justly and honestly entitled to
all the enconuns that have so avshlngy bee n be-
slowed upon them and may they continue TO me-
| rt and bear the palm.
| We took board and lodgings with MIR. Benjamin
MOTIFS, lnS tx VINO Keeps one OF Inc DeSt
hotels in the borough Of Doylestown. He admins
tiers to the wants OF his guesswith much and
comfort that one feels quite at home. His table
groaned under all the good things OF the land, aud
his VANS from the table smacSed as 1t they had been
selected with great and prudence, which is pc
cular to our host,who appears bent and determined
To make every OF his guests feel as IT they were
really at home; al least his endeavors, with his gen.
| temanly depor nj nj and great atlahility OF man
ners, caused me To M ger al his house with much
more leisure than had anticipated when first seat
ed IN his bar.roOm DIS a stranger; and believe Mr..
Morris may fatter himself there were others SINH
| larry situated TO myself This same Morris, when
| the acting sheriff lew years ago, hung the cele-
brated Spanard MlDa who was the paramour of
the noted Mrs. Chapman and accompice IN poison"
| ing her husband
The borough presents the appearance of being but
a modernly built town, situated upon very ee-
waited hill, which may be seen very many miles dis
tant In eve:y direction. IL was made the county
town some 20 years ago. am never confident
about dates, aud may err with regard TO this; at any
rate the whole town has been built up pretty much
within this period, and certainly presents neatness,
freshness, aud cleanliness we but seldom witness
in as old settled counties Bucks The county
buildings were frat located at Bristol, secondly at
New town, and lastly here which perphaps is the pro-
| per place win regard to ITS &c Geographical situation;
| but as TO population am not so sure.
Having said this mnch upon the Journey and stop
ping place, may Inform you the court presents the
verysaine motley appearance OF hustle and confusion
as all other courts DO IN our State. The Hon. Ihos
). Burnside the presiding Judge, with his associate
j D.iRuckman, were upon the bench; the other
soclae having recently died. After the usualPell-
mlnares OF opening the Court, &c. Nc, the old ne
gro Kelsey's trial was called up In due time on
Tuesday, the 18th inst, as informed you in my last
letter; he placed high up in the prisoners box,
and when the indictment and charge were read to
him. and aske the question guilty or not guilty."
| his bold AND mpudent reply was TO G. Z. Wight,
Leo the States attorney, ''No more guilty than YOU
are !" This somewhat disconnected his attorney,
| William r. Dckerson, Esq although he possesses
\ 4 a
IL went tar 10 Incense the court against him; and
upon reading the second charge his reply was the
SAM, standing up IN a very important and dIgnifed
attitude which preludiced The whole court must
assure yeu not IN his favor 1t went to show that he
was bold and full OF assurance Upon calling the
jury he challenged his full complement OF 20-the
| plaintiff but6 The evidence OF the Oldest girl,
aged nearly 10, was so strong, plain and conclusive,
| with the corroborave evidence Of an old and vene-
rated friend. J. Burton, in connection with E How
elps, VIM Cores, the constable, and some Others
that the court deemed 1t unnecessary TO proceed any
| further IN the examination of witnesses. The
| amount OF the evidence was TO be brief and modest
upon the subject, that ne would invite these we'll
other little girls 10 his house 10 get oranges al
monds, mnt-sticks, &c &c, and wheR there would
take them upon his lap, play with them, kiss them,
&c take them into dark room and lay them upon
| board which laid upon chest and then crafty
his internal lust And TO cause them TO be passive
and submit his brutal desires, he would tell them
that the big girls he took up stairs and land them
upon his bed so that he would not hurt them 80
muCH, even tOIu TIE Vi SOHlt vi tO
the shame and eternal disgrace of old Fas-town-
ship The Judge In his charge to the Jary, SAID THAT
any assault or attempt made upon a grl under IL
years OF age, according to an old English law, con-
sttuted rape, although the girl might be passive
and perfectly willing to all the brutal desires OF the
man; an | he believed the laws OF Pennsylvania,
with regard TO this particular case, had not been
changed or altered IN any way whatever; but when
over the age of twelve years, II the girl were pas
sive and willing, it could not be considered rape
This was about the of the law OF the case. The
jury retired at II o'clock noon, and returned YER
diet of guilty in thirty minutes. The counsel on
both Sides by mutual consent, agreed TO drop the
other indictments against the old darkey, which
was fully concurred in by the bench on account OF
the advanced age of the defendant
The whole Court and town appeared 10 manifest
an extraordinary degree of interest and excitement
to have old Bobby convicted and punished severely
1t is true there were few that doubted the chlld's
testimony and believed that 1t should not have
been taken bona fide, as she was not OF the bright
| est intellect: others thought the Judge was wrong
with respect to the special points OF law relative to
| the rape. Dlckerson and a Mr.. Farlan, think, OF
Philadelphia, were both opposed TO the judges OPT
Mon and manner Of substantlaiing the chlld's test
mony; that is, that lac made too much OF II; Others
thought that his age would prevent him from hlnk.
ing about girls or women; and others again hoped
that he might be cleared so that the little girls cha
racters should not be tarnlshed by having been with
Niger. With regard to the sentence 10 be passed
on him. hundreds, II not thousands, have been most
| astonishingly disappointed here is Friday arrived
the time allotted for my stay in Doyestown, and all
in as much suspense and mystery as upon Wednes-
day, the day he was found guilty. have deferred
writing you until to-day, account OF the sentence
The conjecture now is, that an argument will take
place to-day monday, 18Th inst. tor new trial;
OF the truth and result of this conjecture, which will
form materials for another letter, you shall be duly
informed from my old quarter.
The grand jury had list of twenty or thirty
names before them OF the rioters and mobiles, but
by being presented in anonymous man
ner by letter received from Philadelphia, through
w. H. Dickerson, Esq, they did moi consider they
would be justiflabe IN taking any action upon then
at this time, SO the whole list laid aside, ano
PROBABLY the whole affair will now pass oil without
| further thought or notice.
Yours &c. DELAWARE.
|