Delaware tribune. [volume] (Wilmington, Del.) 1867-1877, 1869-10-07

MURDER NO OFFENCE IF THE MURDERER BE
WHITE AND THE VICTIM BLACK.


WHITE AND THE VICTIM BLACK.
On Monday, Sept. eth, a trial, If such it may
he called, commenced at Elkton, in Cecil county
Md, which was one OF the most remarkable
iarces III the name OF law and Justice ever enacted
In this country.
The man tried was WIN. 8. Potter, q wealthy
young member Of the so-called chiyalry of that
section, and the charge Was that OF premeditated
murder The circumstances connected with the
murder were fully set forth in the correspondence
OF the COMMERCIAL at the time, and were In brief
as follows:-
"On Friday the 25th day of June last, Potter,
the accused, rode up on horseback to the house
OF Francis b. Cruikshanks, situated in Sassafras
Neck, In the First Election District, and inquired
II colored man by the name of Bill Flammer
was working on his place, and Il so. whether he
had any objection to his takirg him away, Mr..
Y. replied that he did not know ii there was any
hand by that name there, but that there was a
stranger IN one of his fields harvesting aud il he
was The man he had no objections to Polters TAX
| ing him away. Potter then left the house, re-
| mounted his horse and proceeded towards the
field designated. Riding up to the fence he dis
mounted and fastened his horse TO a tree. He
then sprang over the fence and walked up TO the
iarthest end of the field, where the deceased and
| four othereolored men, named respectfully Aaron
| Benton. james Jones, Jamuel Jenkins and John
| byard, were at work harvesting wheat. The first
| person he met was Byard, Of whom he asked if
| Fhmmcr was in the field, to which Byard replied
| that he was. Potter then walked ON, passing
| Jones and Jenkins, and tiray came to where
bentUn and Flaminer were engaged in binding,
| they being about eight feet apart. He stepped
| up to Flamner and said to him. "Why did You
| leave my field 2" and before the last word was
| out of his mouth, or Fhmmrr HAD time to reply
the report OF pistol was heard aud Flammer fell
dead at PotIer's feet, the ball having entered the
| right side of the head just above the temple.
Death was Instantaneous. Potter then turned to
Benton and told hin to pick the dead man up and
| carry him To the house, which Benton refused to
| DO. Potter then walked to where his horse was
| htchcd, rclnounted and rode back to Mr.. Cruik-
shaDks house, and calling him out, said to him
~ have been very unfortunate; fear have
| Killed that man." lie then consulted what he
shoud do, aud upon the advice OF his friends, tue
| next ui' rlling went to Elkton and delivered him
sell iin The custody of the Sheriff. He was taken
hciorc Justice Brown who declined to receive bail
aud ruinanded him to jill where he has been mn
to the day oil his trial"
The trial commenced at o'clock on Monday
afternoon and the courtroom was densely
packed with the friends of the prisoner, quite a
number Of ladies being among the spectators
he counsel for The State were District Attorney
n I. Bddlr, E,q, and Henry X Torbert, ESQ;
for thr defence, James b. Groome, Esq, W. j.
Jones, E-q, and Henry W. Archer, E.q. About
roroert, for the prosecution, proposed asking,
in addition to the usual questions propounded to
Jurors; Have you ever said, or do you now
h0ld the opinion, that II white man should not be
convicted Of the murder OF negro upon the
testimony OF n negros" The court, however
refused the request.
The chef evidence for the State consisted of
The testimony of Aaron Benton, James Jones.
samuel Jenkins. and John Ry,lrd. the four col
ortd iheli ~ tlc field at the time If the murdef
who testified to the facts above stated, each
telling t1 plain, straightforward story. John
Colder, also colored, testified 10 hearing the pri--
nu,T threaten lo cut the skin nif Of the deceased
for leaving him.
The plea uf the defence wi- t,lat Of Accidental
Homicide. Not single wi mss was produced
10 sustain 1t. however, and Tue only Witnesses
iha t.Ivi. a
character OF the prisoner
Ihc sympathies of the audience ln the court
room were decidedly In favor Of the prisoner,
aud at the Close ot the speech of Mr. tiruonc for
the defence there were demonstrations of ap-
plalise which the court promptly checked Tie
cnse was given 10 the jury al 81 O'Clock on We'd
nesday, ard Il Is stated ''thlt upon retiring TO
their ROOM he jv'y engaged 81 prayer f0, qni-
dune ~ rfade,iny their rerdict . Alter an hours
absence tscy came iuto court with verdict of
not guilty, 'lnd amid the applause OF the crowd a
Judgment u' aclial was entered and the pri-
sOner >irtpfd from the dock a inll blown hero To
receive the congratulations al his friends.
Ihe Cecil Whis Ia summing up the evidences
says: " ht murder was as ufl'r'.y kcd and uu-
called Tor an act as ever wa Iert"tratcd. Potter
and The gecclsud were ab iui the same age not
mins yri quite twenty-oue wears old. The MUIR
drred imam was formerly II slave of fattcf's up to
HE Time at the war, when he mas freed hut had
bccn living with Potter MS n hand ON his farm and
there Ii at always existed between the two the
best feelings. The decrasC, had left Potter how
ever, few days before the occurrence to seek
wolk elsewhere which was the only excuse at
tempted Ia be- offered f-r The crime."
IL also intinla,es that the acquiital was pre-
arranged, aud truly says 'Such farce as the
Potter trial has never before been witnessed al
criminal tial in Elkton.'