Wilmington journal. [volume] (Wilmington, N.C.) 1844-1895, 1858-04-30

The case fully and ably argued for the State by
Messrs. Miller Baker and j. L. Holmes, Esqs, and
for the defence by Joshua G.. Wright and A M. Wad-
DELL Esqs. Solicitor Strange waived his right to address
the jury The fact of the taking of the pocketbook
from Mr. Robbins, by the two elder prisoners,
was not denied and the discussion turned not
upon the offence, but its grade. Was it committed
in or near public highway, and was the taking
panied by that amount and description Of violence es
sential to make up the crime of robbery His Honor
stated that the question as to whether Railroad was
not public highway, had never been decided in
connection with the criminal jurisprudence OF the cou
try Railroads were improvements of recent growth,
but in his opinion, they were public highways so far as
to make robbery committed on them highway robbery
This offence if committed in car, and on the Whining
ton & Manchester Railroad, was committed on public
highway So committed, he did not think that the prox
unity of the Causeway or the River could have any
bearing upon the The question of the amount and
character of the violence was next to be considered and
this His Honor explained at some length. Was it the
intention Of the prisoners to take the money OF Mr. Rob
bins by force-by overcoming his resistance? or was it
their intention and did they actually crowd upon him
as to get the opportunity to fitch his money-to pick his
pocket?
Of course we do not pretend to state the charge of
His Honor fully. We fear we have not even given it
correctly, although have endeavored to do far
we have gone The verdict of the jury was, doubt,
founded upon doubt about the amount and character
of the force used being sufficient to sustain the charge
of capital felony The prisoners sent to Jail to
await the sentence of the court.
| This morning His Honor sentenced Pitts and the
Io1d To hirtv ochoc no
ed for six months and at the end of that time receive
thirty-nine lashes The Younger Allen is to re-
ceive twenty lashes and be discharged.
The prisoners were placed in the plory this morning,
shortly after IL O'Clock, and whipped in accord
ance with the sentence.
Bythel Mitchell and Dugald Clark, white men, and
three free colored -mulattoes put in the box
charged with the murder Of Shaw The counsel for the
State submitted affidavit setting forth the fact that
owing to the absence of material witnesses
the State could not safely proceed to trial.
BytheI Mitchell is man rather above middle height,
long hair and beard thiryfve to forty years of age
Dugad Clark is over fifty, looks so. Is not so tall as
Mitchell by inches. He is justice of the peace,
we believe, and has borne fair character.
The mulattoes, whose we forget, are all what
would be called likely, only of them having anything
of dissipatcd look. Solicitor Strange, NJ. London,
ESQ.,. Hon. VIM. A. Graham and F. George, Esq, APP
pear for the State. Messrs. Davis and Maultsby for
Mitchell and the three colored men, Adam Empie ESQ.,
for Clark
The case has been postponed until tomorrow, to al
low time to send for the absent witnesses.
Daily Journal, 9th inst.
The court decided to proceed this morning with the
trial Of the prisoners from Columbus County Con
siderable difficulty has been experienced in getting
jury at 10 minutes after O'clock there still being
juror wanting to complete the number. This is the
most serious of the term and exces deep interest
here in Columbus and in the portion of the State from
which the murdered man came. We omitted yesterday
to state that Messrs Miller and Baker appear for the
defence At haltpast eleven the jury was completed
! Daily Journal 28th inst.
SUPERIOR CoURT-The Court is still occupied with
the trial of the prisoners from Columbus charged will
the murder of Shaw. Up to Il o'clock % OR 2;
witnesses had been examined for the State and severa
more have yet to be examined on the same side.
We understand that there are over twenty witnesses
summoned for the Defence that the evidence hard
ly be closed this evening.
This morning quite an affecting scene was presentet
III COurC WlleH Doy-d sui vi Ile pilSOuer MCCntll-
was placed upon the stand to testify relative to Shaw
having gone to his fathers house at or before the tim
of his (Shaws) disappearance. The witness becam
painfully afected-so much to be unable to pro
coed. His Honor excused him from further examina
ton, and he was taken from the stand The whole aai
was melancholy in the extreme!
: The evidence against the prisoner Mitchell is YER
strong That against Clark shows queer connectio
between him and Mitchell but whether guilty conne(
ton not if guilty whether the proof of guilt
conclusive we not prepared to say. No evidenc
has yet been brought forward bearing upon the negroes
1t is said that the witnesses against the negroes
mostly of their own color-Daily Journal 10Th inst.
S F1RE-A bout eleven o'clock last night the alarm
fire was raised and found to proceed from the burr
ing of the kitchen in the Of the residence of Wn
IL A. Wright Esq., on Third Street, near the Episcopa
Church. The fire communicated to a negro house lyin
n north of the kitchen and belonging to DR.. A. j. d.
Rossett ST. which, with the building in which the fiji
r. originated, was completely burned down.
e At one time the neghboring buildings, especial
Military Hall, occupied by the Wilmington Light Ii
fanry were threatened and had not everything been
completely saturated by the heavy rain, the fire woul
certainly have spread, considering the high wind tha
prevailed. The damage confined to the destructo
" of the two out-buildings already referred to.
Il Daily Journal, 27h inst.
Judge Ellis Appointments.
4 We publish below the first appointments of Judg
Ellis for the campaign. Other and further appointment