Delaware State journal and statesman., 1867-05-31
OF JOHN TILL FOR THE
MURDER OF HIS BROTHER.

w MURDER OB HAS bANOLhAAAA'
We take the following report of the trial
of John Till, for the murder OF his brother,
William Il. Till, from the Gazette
This being TIE day set for the commence
ment OF the murder trials, there waa quite
crowd in the court room.
Mr.. Bayard asked to have the trial OF
Joseph W. Pratt taken up first, giving as
reason that many OF the witnesses for the
defence lived out Of the State, and were now
present. Their presence was voluntary, and
should they leave for their homes, there was
no power Of the Court to compel them TO
attend.
The Attorney. General said the State was
ready IN either case.
Mr.. Booth objected TO having the case OF
Til deferred, as the Attorney-General had
told him 1t would come up first, and he was
ready for trial
The Chief Justice said 1t was matter OF
no moment to the Court which case was
taken up first, and left the matter to the At
torney General.
The Attorney General said that as the
counsel for the parties could make an ar
rangement among themselves, he felt COM
PEELED to take up the trial of John Till
Attorney-General Jacob Moore and Depu-
| ty Attorney General Anthony Higgins, for
State; James r. Booth for defense.
The following gentlemen were drawn as
1urors:-Columbus Watkins, sworn; Thomas
j, Bennett, challenged; George L. Townsend,
sworn; Daniel Rodney, challenged; Benja-
min F. Duncan, challenged; Benjamin Fraim,
sworn; Lemon jackson, challenged; Benla-
min w. Dickey, challenged; William W.
Stewart, challenged; Henry w. Peters, ex-
pressed an opinion; Albert j. Lyman, atfirm-
ed; Henry G. Burton, challenged; John B.
Murphy, formed and expressed an opinioni
Joseph W. Vandegrift, sworn; John f. Hur-
lock, challenged; William e. Riley, chal-
lenged; Charles e. Clayton, formed and ex-
pressed opinion; Joseph W. Cooch, sworn;
Sylvester d. Townsend, formed and express
ed an opinion; Abner P. Bailey, formed and
expressed an opinion; George Townsend,
challenged; Israel Whiteman, formed and
expressed an opinion Theodore F. Clark,
excused; John s. Eccles, formed and ex.
pressed an opinion; Richard Townsend,
sworn; William Garrett Pyle, conscientious
scruples against finding verdict where the
penalty 10 death; James Gray, sworn; Eli
Mendinhall, formed an opinion; John Fra
Ger, sworn; Joseph LIE Fevre, excused on &C.
count Of being witness in the case; Nathan
4, Boulder, sworn; Joseph Guthrie, chal-
lenged; Marshal Yeatman, chalenged; Will
liam Daniels, affirmed; William Z. Riggs,
sworn.
MIR, Booth asked that John Brown, David
Young, Rebecca j. Gale and Thomas Mahon,
witnesses on the part OF the State, be exclud-
ed from the courtroom during the trial.
A, Higgins, Esq, opened the case by stat
ing what the different degrees of murder
are, He said murder in the first degree Ii
where one kills another with malice afore
thought. All other murdersare in the seconG
degree. II the State could show that thu
lad Il 10.
they would claim a verdict IN the first de
gree. But If the murder was committed
without deliberation, and in an angry ft
then they would claim q verdict of man
slaughter.
On the conclusion OF Mr.. Higgins remark
the State proceeded to examine their wit
nesses.
Joseph II. Rogers exhibited plot of tn
} premises, on which the shooting took place
and explained IL to the jury. John Till ha
lived with the witness father for severa
, years. VIM. H. Till lived with the brothe
3 of the witness
John Brown, (col.) sworn--Have live
I with Mr.. James Rogers since the day bt
fore the shooting took place. was in tn
kitchen when he heard Henry Till say I
e John that lie had "spent his money an
, then laughed in his lace;" saw Henry strik
, John twice IN the face and kick him; job
said he would 80 and get the gun to hin
Henry said he didn't care; John went to til
house and went out to his work; Rehecc
' Gales came out OF the kitchen and tol
l. Henry that John had gone for the gun; sa'
John come out with the gun and cock |
and look at the cap; he put the gun to h
shoulder and fired at Henry; saw Henri
fall; after Henry was shot he grabbed job
and kicked him several times; when job
| or41r I'm, MI
his shovel and went to meet John; l wei
+ in to tell Mr.. Rogers what had happened
i and when ] came out John was holdir
= Henry up while David Young washed IL
blood off.
Thomas Mahan, sworn-Lived at EugeI
: Rogers. William asked John for his t
10 bacco, and then for his money. John to-
10 HIM that he had neither, that he had spei
a the money; Henry said ''you spend N
money and laugh in my face, and that
had notion TO knock him over He the
a struck John in the face, and kicked hir
10 Henry was working when John came o
IN with the gun, and turned around and START
to meet him. After Henry was shot
J. grabbed John and kicked him. John call,
L. for cold water, and called David YOU
~ and took some water to him. Saw JOi
take knife out of Henry's boot after Il
shooting.
s. David Young, (col. )-Lived with Euge
10 Rogers. Was In the stack yard, about
ly yards from where the cart was being loade
vi Did not know anything about the affair Il
til Thomas Mahan called me. Henry liY
O. only two or three minutes after reach
It. him. Heard the report OF the gun
IT. thought nothing OF it. saw nothing of I
quarrel
Rebecca Jane Gales, sworn-Lived W
Mr.. Rogers when the shooting took pa
&c John came in the kitchen in great rage a
10 went up stairs. I asked what was the m
of ter but could not understand his reply.
m went out 10 get some wood. Seeing 10
coming with the gun called to Henry
o. get out as John was coming with the q
tilt He said he didn't care damn.
he Court took recess till 3 O'Clock.
ger AFTERNOON SESSION,
W. The Court reassembled at three o'cl'
rst when other witnesses for the State were
val amined, whose evidence corroborated
-, given by the witnesses in the morning.
i'n Mr.. Booth then opened for the defer
Ito taking the ground that the act was commit
IRE bv the prisoner in a fit of drunken I