Wilmington journal. [volume] (Wilmington, N.C.) 1844-1895, 1870-06-24

asked them where they got the tools
These spikes they made from a stanIe j.,
the pipe, and they said the cbisei cow
from the out side. The hatchets were
hauled up from the window.
Richardson was talking with youno
lady at the door, and most all the prison.
ers were there, listening and looking at her.
AT the same time L saw Stephen Lowery
haul in the Ratchet, caisel and file. I sa,y
the tools. / didn't see any man there ~
the time, but after Lowery halIoyed ont
all right saw Mr. Walters. He said
he had to die any how, and he would kill
me If told any body. l saw him unlocl,
his cell door several times with the kew
made from the tin spoon.
used to hear Capps come round and
rattle the locks down stairs, while / was
up stairs. Lowery said Capps fcIt SO ID
pig and wouldn't speak to any of them
Capps has never spoken to mo since have
been in jail
To the Court.-After the tools were
handed up, saw Walters standing in tie
Cart House, near the window.
Sheriff Schenck recalled. The floor on
which the prisoners are confined Is on a
level with the street and the yard is sur
rounded by wall about level with lilo
street. The Cart House Is on a line Wit.
the wall. There are boards which can be
removed for ventilation il the Cnrt
House where n man can stand and SEQ into
the jail. There is n wall between tho iaIl
and the Cart House, and man MIGHT lie
there all day and not be noticed fru1n the
street. No one from the street would be
apt to SEQ the prisoners hauling mp tools
or packages.
Sol ". Nash sworu.-Thc little
knife and pick lock in Court wcrr handed
me by Mr.. Harper. / don't know any
ahnut a h0t
10 the COurt-The boards were off ut
the Cart House ventillatOrs. Think they
had been but lately pulled off.
Cross examined Capps came that night
about s o'clock and went through tho Jail
He then came and sat on the front steps
with my father-in-law and myself and
stayed there until after ten O'Clock. / had
been round the jail myself, and after Cnpps
had been round, asked him If everything
was all right and he said yes" [ won't
to bed at IL o'clock that night exactly
Some twenty minutes afterwards [ heard ii
noise and got up. Ii was clear moonlight
night and L saw Capps and the watchman
on the carriage shop go into the Jail yard
and light their pipes. / heard them long
time afterwards about there, talking
Capps as always done his duty we'll us fnr
as L know. / am the Tailor.
Re direct.-I saw CaPps last ut ll:2O
OldL uOs uuI tLItGE SOLlC tliAt WCIJ To
sleep, and don't know whore he was after
that. next saw him just after daylight. lie
called me and [ got up. He then went
of. My boy got up before l did, and camo
into my room and said the Jail was broken
l rushed in and discovered Me hole III the
wall and the blankets. pissed Calvin
Oxendine on the stairs. lie said ''the rest
have gone" l asked him how they got
out and he said he didn't know, rs nc was
asleep when they left.
Gross examined Capps called me at
daylight and left as usual at his regular
time 10 quit.
MAJ. Stedman arose and said Mmy II
please the Court, it is due to MIR Capps
to state at this stage Of tho proceedings
that VIC see nothing in this case to crimin-
ate him. and that we DO not desire to pros
ecute him further.
Mai. Devane then moved his i.chargc
which was allowed by the court and Capps
retired with a smiling face.
James Walters was then charged witt,
aiding the prisoners to escape, and the
Court adjourned until 10 o'clock this
morning to enable him 20 procure his
witnesses,