Wilmington journal., 1868-08-14

lice force " Tor the preSeEVatlon Oh law anu
order. ooh, shame, where is thy blush!'
/ Judge Mitchell was detained by severe
indisposition, and did not reach Halifax
until Monday night. Tuesday was devoted
to the Grand Jury. Wednesday two ne
groes were disposed of-one submitted to
verdict of manslaughter for the killing
of his messmate. The State asked YER
dict of murder against the other. The
evidence being, that on returning home at
night, very drunk, he insisted on appros
priating to himself the food which his wife
designed for their children, who had not
had any dinner. The wife demonstrated,
to which the prisoner replied that he would
" soon fix her." He then took down his
loaded gun off the rack, his wife being then
seated, in a short time he fired, the load
entering above the eye of his little daugh-
ter. who was standing behind her mother,
and resulted in her immediate death The
prisoners counsel insisted that the dis
charge was accidental, and the Jury, taxing g
this merciful view of the matter, found him
guilty of manslaughter.
The Jury was composed of nine blacks
and three whites. It was with some diff
Guilty that the blacks we're persuaded to
join in the verdict their voice being for
'guilty of murder"
On Thursday three negroes, to-wit Au-
gustus Baker, James Thomas and George
johnson, alias Bayline, were put upon
their trial for the murder of Wade Ditcher,
a negro, al Weldon, on the night of 23d
of May last.
The prejudice against the prisoners on
the part of both colors was very great so
great, indeed, or rather so atrocious was
the murder deemed, that General Ransom
was retained by some of the citizens around
Weldon to aid in prosecuting the case, and
he appeared, with General Cox, for the
State. A special veniTe of one hundred
was exhausted without getting jury. At
length a jury was empannelled, composed
of eight whites aid four blacks.
1t seems that u Saturday night, 23d Of
May last, the prisoners. Baker, Thomas
and Dltcher, the deceased. were playing
cards in Gus Bakers room, at the - ola
hotel in Weldon. This old hotel was Oc
cupied by negroes, and had been so occu-
pied for some time. III sholt time words
were heard, when Baker remarked boys,
let us have no fuss here ; let US go down to
the cd dining room" Thereupon they
went out, came around to and on the front
porch and Immediately at the front door
Baker said, ''Ditcher, you did not win
that money fairly" The latter replied,
"Ole Gus, before you get this money back
struck him with something that had a
handle, and the deceased fell with his head
on the door-sill. Thomas took tic same
instrument and struck him again, and
Bayline, whom the witness put on the
scene at this juncture for the first time,
said. 81 owe him a tap too" and struck
him with the same instrument. Baker
then told them to search his pockets,
, which was done. The prisoners then
dragged the deceased, who was yet alive,
|, through the whole length of the entry and
ioto Bakers room, where the witness lost
sight of them.
The above statement was depOsed to by
one witness only. negro woman of very
bad character, who, it was admitted, had
suppressed the facts deposed to by her of
the actual killing in her testimony before
the COroner's inquest.
But the State proved besides, that this
man, the deceased, was last seen In com
pany, on Saturday night, with the prisoner
Thomas. That blood was found in Baker,
room, on the steps leading out of his room
into an alley way-through the alley way
into the old dining room of the hotel, and
on the floor of the dining room, as if a
BILE eding body had lain there. That a very
lOA'A IAoAAOA oA4Nt ShloAdS Woo 14Ca4u dOOuC
3 o'clock Sunday morning, when it ceased,
that these men were seen going towards the
river and soon returned. The State fur
ther proved that the body of Ditcher was
found IN the Roanoke river on the We'd
nesday following the night of the alleged
murder that the body had several bruises
upon it, and one nO0und between the eyes,
as if given by an axe or hammer, and sufi-
cient to produce death.
Some minor points were also proved by
the State-the defence did not Introduce
any witnesses.
Ditcher was a fisherman. The State in
sisted that when the three men were seen
going towards the river, it was to cut loose
Ditchers canoe, in order to allay suspicion
on account of his absence. That the body
lay in the dining room all day Sunday, end
was thrown into the river on Sunday night,
and further, that the witness as to the &C
tual killing lad told the truth.
The defence insisted that if the homicide
had been committed at all, it was commit
ted during the bad and very angry quarrel
deposed to by theI witness for the State,
and if then committed the jury were at lib
erty to infer killing upon fight arising
from sudden quarrel, and that the offence
manslaughter. The defence further insis-
ted, that the principal witness did not tell
the truth, for the reason that there eOere no
marks Of blood at the place achere she de-
posed the homicide had been perpetrated, and
no marks Of blood in The entry through ecAich
she deposed the body had been dragged.
The case was opened for the prisoners by
VIM. B. Pope, Esq, who was followed by
Gems. Ransom and Cox, for the State, who
were followed by Messrs. Conigland and
Solomon, for the prisoners.
The Judge charged the jury, among other
matters, that if they believed the main wit
ness, the prisoners were guilty of murder.
The jury retired, and, IN short time,
brought in a verdict of guilty as to all the
prisoners.
This case may be worth the space given
to it as an illustration of life among the ne
groes. The case has been in charge of
General Ransom since the discovery of the
murder, and yet, although he had used all
the exertions that diligence and honesty
could suggest, although many other active
citizens aided him !; although nearly every