Delaware tribune. [volume] (Wilmington, Del.) 1867-1877, 1869-12-09
Now Castle County Courts.
NOVEMBER TERM, 1869.
wEDN EsDAY.

proceeded with. Lore for plaintiffs. Nieds for
defendant
The lote was given by defendant for an Ex-
celsior iron clad Reaper and Mower, with con-
dton that the machine was to give satisfaction.
Defendent alleged that that the machine failed |
to give satisfaction and allowed the note to be |
protested and action brought bv plaintiffs.
Defendant brought witness to prove that the |
machine broke repeatedly and he could not finish
his harvest aud had to hire a man to cradle it for |
him.
Plaintiffs witnesses showed that the machine |
broke in crossing cutters and that it was not the
fault Of the machine and four persons testified |
that they used the same kind of amachiue. some |
for two years and some for one year, and they |
never broke or got out of order, and gave entire |
satisfaction.
Case given to the jury without argument.
Verdict for planttf- for $3.50 %.
The next case called was The Wilmington |
Steam Biick Manufacturing Co, rs. Peter and |
Thomas Ford. Nields for plaintiffs Lore for |
defendants. Plaintiff. demand 546 80 Tor bricks |
furnished. Case submitted without argument |
Verdict for plaintiffs for s50.4S.
THURSDAY.
Case of John McSiay Us. VIM. Pyle was taken |
up. Patterson for Pyle, Gordon for Mcstsy.
ActiOr was brought by Pyle before a Justice of |
the Peace to recover 100, balance due for al |
legged rent, and judgment obtained.
McSlay appealed to the Court, where the judg |
ment was reversed and verdict rendered in |
favor Of Mcstay.
TRIAL FOR RAPE.
At o'clock the Court proceeded to Try the |
case of the State Us. Joshua Jones and Lewis |
Carpenter alids Jones' for committing a rape on |
the person ui Mary Meredith.
About 20 witnesses on each side were called |
and found to be present.
Lore aud Bates for State; Whiteley and A. G |
Cooper for defendants.
After 20 peiemptoty challenges and two addi- |
lional challenges for cause the following jury |
WIS empannelltd:
Robert II. Barr, Joshua Mccullough, Benjamin |
Denny, Samuel Thomas WIN. Drake, Isaac N |
Grubb, Leonard V. Asprl Richard L. Gray, Vim
CnspersOn Charles Talley, Richard L. Smith,
VIM. K. Derrekson.
Mr.. Lore briefly stated the case for the State,
and called to the stand Mrs. Mary Meredith, who
testified ls follows -
Lived ut Henry McCroncs ON the 18th of Sep
iember was his hnusekeeper; lived with my
husband and two children; am the mother uf
twelve children seven Of them are dead and I'VE
| living; only two live at home; one is five years
| old the baby is Elk months old Carey Streets
| and his wife were working nj McCrOues on the
18th of September they lett about 10 O'Clock 10
| 20 home; there was none left ut the house but
| myself and two small children William Mooe
and Lewis Carpenter were working there that
| day; gave them their supper: they went away
| about O'Clock did up my work and took my
little boy up 10 bis bed ailer Streets went away
| | took my baby and went up stairs and laid down
| ON my bed with my clothes on and put my baby
| 10 sleep; left light burning In the kitchen and
one burning 10 my room door was left unbult-
| ed Mr.. McCrone's had not come home; in-
tended after the baby was asleep to 20 down and
| shut the shutters In Mr.. McCIone's room being
| tired fell asleep; was awakened by some one ON
| my bed the lamp was out ; reached out my
| hand and found by his head he was black man
| | screamed Lew, In the name of Gnd Is this
you said, John is thi> you? put h, hand over
| my mouth l screamed for my husband be was
| at Johu Mnrrison's. and had not come home l
| called tor Carey Streets aud Mr. McCrone; my
al,tl t..stI, 1atl
room
| Witness then testified while she was groping
around two ot The MT u returned and that she was
seized by the throat, ehoked until iDsensihle, and
| the outrage perpetrated. Her evidence thus
| continues.
| Whcu came to, heard my little boy screaia-
ing and saying, o. mamma where are you. are
| you dead :? The baby was also screaming; /
| took uy children in their night clothes and He'd
to Gerry Streets, they were the nearest neghnors,
| IL wanted five minutes OF II O'clock when got
| there; told them all about it, staid there until
| morning. know ty the light of the moon
| shining in my room that Joshua Jones one
Of the men. knew him by his light pants, with u
| patch ON the knee.
A rigid cross-examination elected no contrary
| testimony.
William Moore, sworn I worked at Henry
McCrones; mt and Lewis went to John Mori-
| sons that night To get a pistol Mr.. Meredith
| WAS working there; he told Lewis tn tell Mrs.
| Meredith that he would not beat home that night.
| =
Henry McCrone hid just come from the Agrcul-
| tural Fair at Wilmington; Joshua Jones came
| with him we all three lett and started to Henry
| McCrones; Joshua Jones said let us do some
| devilmpnt Tonight; IL was agreed to; then he
| proposed thnl they should commit this deed.
| The witness testified that all three entered the
house, blowed out the light, aud that The two
| prisoners went into the room. When Mrs. NJ.
screamed witness ard Lewis Cart enter ran
| Joshua Jones Games after them, cursing them for
| running, and he and Carpenter then returned 10
| the house, witness refusing to accompany them.
| When they came back Joshua Jones admitted
| commi ting the crime. The cross-examlnaton
| elected no new facts.
| WIN. Silver ESQ, swern.-Am Justice of the
Peace in the city OF Wilmington; (pnper shown
| recognize that To be the voluntary statement oi
| Lewis Carpenter; no threats were made nor in
| ducements held out to him.
| The document was objected to by counsel for
defence; objection overrued by Court, aud state
| ment admitted us evidence.
| The statement was n confession of Lewis Car
| ptnter, duplicating himself and Joshua Jones'
| (rhc confession corr"bOrated the testimony of
The prosecuting witness and WIN. Moore, but is
uot fit for puhication.)
james Fletcher swOrn.--Lve in tue city OF
| Wilmington am County Constable; arrested
the prisoners; conveyed them To the county
prison Jones aud Carpenter sat together on the
back seat; VIM Monre sat with me on the front
seut on our way over the prisoners made vol
uutary statement; Jones asked me when l
thought they would he hanged ii said l could
not tell that IL would deprnd on the time the
Judge would give them after their trial. then
said " Jones, you admit. then, that YOU done it;
he said, | milht us well, the way things have
gone; Lewis said 10 Joshua Josh, you know We
both did il. Joshua said If he bad taken his
mothers advice he would not have come to this.
The State here rested the
Mr. Whitley in brief speech opened for the
defence and charged the jury to look at and Judge
the case from nm unbiased standpoint. He said
the defence did not deny the attempt to commit
the rape, but did deny that any evidence had
been offered to prove that rape had actually
been committed.
Henry Z. McCrouc sworp-The transaction
took place at my house. l was not mt home, got
TO fathers about II or u o'clock, had been ut the
! Agricultural tair at Wilmington. Joshua Jones
was with me; the Meredith family lived In my
house; Gerry and Mary Aun Streets worked for
me saw Mrs. Meredith on Saturday eveuing. the
18Th of September she had lust got home from
wilmington, this was the first knew Of the
affair; Joshua Jones, Lewis Carpenter VIM.
J Moore, Mrs. Meredith and mvsulf, were MI in
the room together; Joshun said II he had done
such thing he would go and chop his mead on ;
Mrs. Meredith said thr law must take its course c
she said She wruld not have SUI d him if Joshua
had not struck her on the head with bucket,
and made her head ache the boys bore good
character while they were with mo.
, Alexander Ewes, swOrn-Have known Lewis
Carpenter about seven years his character was
/ good considered him to be half crazy; never
5 would allow hun TO leave the place; could moi
trust MN.
G Mary Ann Streets, sworn.-Livc near Henry
i McCrones; remember the 18th of September
n had been working nj McCrones; Mrs Meredith
. came to our house five minutes before IL O'Clock
/ she said she was in danger OF being murdered by
s some black mem sh8 told about The outrage sooT
after she came in stad until morning.
r The defence here closed, and the case was sub
q mitted without argument.
h Court Informed the Jury that Lewis Carpenter,
o confession could osly apply to himsclf
Jury retired at 10 minutes after O'Clock, ant
i returned at % with verdict of guilty. Th'
q prisoners were then remanded tn the custody .
d ihe sheriff, and the Court adjourned uutl II
II o'clock on Friday morning,
FRIDAY.
1t State ps. James Riley, (coD charged with lar
n ceny, was brought before the Court, and dis
ID charged. no witnesses appearing against him.
IS Slnte Us. Emory Deacon, (cuD Indicted TO
b. breaking into an onihouse or stable belonging L
IN Amor H. Harvey, of Wilmington. Bates 10
10 State /; no defence; verdict III, t guilty.
Il. State Us. William lally, (coD Indicted 10
a breaking into the hotel Of Johu W. Moore, j
& the village of Stanton, and stealing pistol an
o. pair OF shoes. Bates for State; no defence vel
III diet not guilty.