Delaware tribune. [volume] (Wilmington, Del.) 1867-1877, 1867-05-30

The Position of the Parties when
the Act was committed.
Interesting Testimony mot before Pub.
me- lfshcd.


The court met at 10 o'clock, Chief Justice Gil
pin and Judges Wooten, Houston, and Wales Oh
the bench. A lnrge crowd of spectators were il
attendance, and wooden barriers had been put uI
around the prisoners dock and across one of III,
entrances to the bar, to prevent the crowd from
pressing on the prisoner, the jury, or the bar.
The Chief Justice directed the Sheriff to brins
John Till before the bar Of the Court, and Till wal
accordingly brought in, in charge of two baillffs
and placed in the dock.
| Mr. Bayard, counsel for Pratt then requested
that the trial of Pratt might take place first If hi
witnesses were there, as many of them came from
a distance, some from other States, while the wit
nesses In the case Of Till all resided in the imme
date vicinity.
| Mr.. Booth, counsel for Till, claimed that hi
made an arrangement with the Attorney Genera
to try Till's case to-day.
The Court said it was optional with the Attor
ney-General which case should be tried first
and after considerable consultation Mr.. Moore
| said that as the counsel for the two prisoners
could not agree he felt 1t his duty to carry out the
arrangement with Mr. Booth, and take up the
case of TILL
THE TRIAL or TILL.
This case was accordingly called up, and the
Clerk commenced drawing the jury. This occu.
pied considerable time as thirteen of those drawn
were pcrcmptoriy challenged by the counsel Of
the prisoner, seven had formed and expressed an
opinion, and one had conscientious conviction
against bringing in verdict of guilty where the
punishment was death. The following named
gentlemen were finally accepted of the jury =
Columbus Watkins, Geo. l.. Townsend, Benjamin
Frame, Albert j. Lyman, Joseph W. vandcgrift,
Joseph W. Cooch, Richard Townsend, James
Clay, John Frazier Nathan T. Boulder, William
Daniels, and WIN. E. Riggs.
The case was then opened for the prosecution
by Mr.. Higgins Deputy Attorney General.
Joseph H. Rogers, swon.-Submitted plot
Of the premises made by himself from actual
measurement. From wood-shed where deceased
had been working to an open gateway 1t was 10
feet, from this gateway to the kitchen door II
was 50 feet, the kitchen had two stories and a
garnet; across the kitchen from the door to the
stairway WINS II feet, and to the garrett, which
was the prisoners bedroom, there were two
flights of steps of II steps each. The walk from
the gateway 10 the kitchen was planked, the
plank nearest the gateway was 10 feet In length,
| and the next plank wns but 10 feet. The bloody
place where the prisoner fell was 10 feet from the
gateway at the ends of these two planks. Wit
ness knew both the prisoner John Till and the de-
ceased VIM. Henry Till; John lived with wit
ncsss father,and VIM. Henry lived with witness
brother. The distance from where the scufile oc-
Cured to the foot of the stairs and back to where
he supposed John stood when he fired the gun
c,at at.a h..
quick walk went up to Johns room and return
ed to the scene of the killing, but could not give
the time of his own knowledge, some one else
timed him.
John Brown, (colored,) sworn. = Knows tho
prisoner; witness lives with Mr.. James Rogers ;
went there to live the last Friday In March this
was the day before the killing. at the commence
ment of the quarrel witness was In the kitchen ;
heard Henry lmost of the witnesses spoke of the
deceased, VIM. Henry Till, as Henry say you
spent my money and then laugh In my face.
Henry thon struck John In the face twice and
kicked him. John said, "You son of a b., I
will get the gun for you." Henry said, "if you
want any thing come on" Rebecca Jane then
came out of the house and told Henry, John was
coming with the gun. Henry said 81 don't care
God d-m." lie then picked up his shovel and
started to go to work, but locked back and saw
John coming and turned and went to meet him
with his shovel on his shoulder. When witness
first saw John coming from the house he was car
rying the gun in his hand. the right hand but be-
fore he got to Henry he cooked Il. looked at the
cap and put 1t to his shoulder and when he and
Henry were on the same board he fired. Henry
ran forward and caupht the gun with one hand
caught John by the neck with the other. and then
kicked the latter two or three times when John
went to the house and came back he was walking
pretty fast deceased and prisoner were both on
the same plank when the latter fired and were.
witness should suppose. about 90 Yards apart.
When Henry advanced to,yards John with the
shovel in his hands he had hold of Il with both
hands. and carried It over his shoulder After
the shot had been fired, and Henry had caught
hold of John and Kicked him witness ran in tbc
house to inform Mr.. Roaers when he went in
Henry had let loose of John and was standing nm
bleeding. when witness came ont Henry was sit-
ting on the ground and John was holding him
up. and washing him witness and John came
from New Castle togctber. John went down IN
where Henry was nj work first when witness
went down tbev ,vcrc ouorre,l,ng and ,ho er.,
thing he hcar1 was Henry saving vou snent ms,
money and then ,ouob in INV face no soor oo hs
said Il he strncls John twice and ,hen az Iohn
vos ooi,g ,hrou.,, Tho cato John l,o,,oa h,,,,
whon pohooo, Jona ,n,d ua,,r,, ,,,a, -. 49,
oor,;n,, Viii, Tho ,r,,n ua,r,, s,.n,aa ,a a,,a1
~, ..a,,,a H. a. 49,. !.
40 .,a, ,a,,.o.sS ~. ,,o,,. ~ usAs NV
~ ~ 81. 49,, .., -, ~ A"u 'le 'no's
.,a,. Ia,',, ,,,,, H. ,ss, 49, WIN. 49,
aa,,a a,,. 80 ,,,a ,,a ,,' o
=, ,,,o now a,,d r.saS ,o -, III
ho,b hands Willie sin woI,,nr xy;,noss ,,os
shown tbe gpn be bod seer n hsforo a. Fuoons
Rogers, he Identified n os N. o,,n nsed hv ,re
prisoner. :
Thomas Mabon. sworn.-Liyes with Euoene
Rogers was IN at James Rogers To helm Henry
TIL oet some ashes. thew had not commenced
work when John TIL came mn. VIM. Henry
asked him IL he had got his tobacco; John said
no: Horny then asked him where the money
WINS. John smiled and said he had spent IL. Then
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