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

Against H1m-Iis Arrest and ImprIsOn.
ment.
!, STATE VS.. SYLVESTER CAPPs-BEFoRE E.
Ell. McQUIGG, J. P.-Hon. r. 8. French
and Major Q. nj. Stedman in behalf of the
Sheriff, at whose instance the proceedings
were instituted, and Major d. j. Devane
for the defendant.
The first evidence offered was a transcript
Of the record from the Superior Court of
Columbus county, ordering these mon
Applewhite, Lowery and the two Oxen
Hanover county.
Sheriff Schenck examined-T prison
ers named in that transcript were placed
in my custody and delivered them to the
iailor. The defendant, Capps, was a
guard in the Jail, and employed by me as
an act of extra precaution. I deemed it
necessary and applied to the Commission
ers of Robson county for a guard after
these men were confined, but they de-
clined to furnish one, aud thereupon ap-
piled to the Commissioners Of this county.
While the necessary red tape was being.
gone through with, / heard the prisoners
might escape, and 1 therefore employed
these guards myself. [ employed two
guards as soon as the prisoners were re-
coived, and this defendant, Camps, was
one of them. The prisoners, Henderson
| Oxendine, Stephen Lowery and George
Applewhite. have escaped. There is hole
cut in the southwestern corner of the Jail
large enough to permit man to get
through, and blankets. tied together. ex-
tending from an iron railing in the
jail, to the ground, were found hanging
there i'll the morning
The Jail is formed with inside cells, up
stairs and Gown with q corridor around
them inside the main walls. On the
morning after the escape tho locks were
found in order and the doors unbroken.
The prisoners are still at large. They es-
capped Monday morning, June 18th
Capps was employed that night as a guard.
l do not know where he was. was at the
jail at 1890 myself Sunday night, and saw
the inside lights burning as usual in the
jail, and everything appeared correct. It
is my custom when going home at night
everything is right, as the care of the
prisoners is always q matter of great anx-
iety to me.
Cross. examined The men who es-
capped were Henderson Oxendine,
George Applewhite and Stephen Lowery.
[ do not know who brought the prison
ers down from Columbus county. Capps
was employed as a Waterman. Our IN
derstanding was that he should watch
the Jail, and told him that L would hold
him responsible for the prisoners. He
was first employed inside the Jail, and
Jehn Nash was employed outside, but after
while Nash was discharged, and I think
the jaiIor then gave Capps in charge of
both inside and outside. Ho has been on
duty for some time-8ome two Or three
months know him boforo L employed
him, and his character was excellent be
fore this. The prisoners were confined on
the first floor. There is trap door be.
tween the floors. The hole was undoubt-
edly sufficient for man to get through.
There were marks of clothes having been
drawn through the hole and also marks
on tho walls and tracks beneath the blan-
kets. These blankets may have come from
the Jail and may not-there were many
sold in town. L am not positive. The tracks
went from under these blankets across the
yard, under the cart house and across the
street. The locks were not hurt. They
tools or a false key was made, but if crook
cd wires were used they might be injured.
have not been in the Jail very often since
these prisoners were placed there. I do
not know Of my own knowledge whethor
they were placed in cells nights or not.
Willie Harper sworn.--I am hore from
Jail. Saturday morning, when we were
securing out onr cells. about Q or 10
O'Clock, Lowery and Applewhite were hal
LONG to Mr.. Walters. They were talking
among themselves, and then one Of them
asked me TO write a letter for him. and |
did SO. Sunday the trap door was open
ed again, and Applewhite was up stairs |
making holes in the wall. said to them,
you will get into trouble, and they said to
me if l told anything about it they would !
kill me. That evening they hauled up
from the cart house lathing Ratchet and
file with string. This was in tho day
time between and 5 o'clock. saw no
one at tho timo. but l afterwards saw Mr..
Walters. Stephen Lowery "hollered" out
'"Ihats all right" / suppose, to Mr.. Wal |
ters. l saw the Ratchet. (Hatchet shown |
This looks like it. but couldn't |
swear to this one. He hauled up the tools |
and carried them into his cell, and then |
went back to the window and cried s'all |
right" l got acquainted with James Wal
tiers or Walton in Jail; he is now in this
court room; that is the man (pointing to |
Walters.) [ saw chisel also in jail, and |
some keys. One key was made of q tin |
spoon. Stephen Lowery made it--and q |
wooden spoon also. | saw Lowery unlock
his cell with the tin spoon key. lie tried |
the lock and it worked. L never saw Capps
since have been in Jail, but have heard |
him lock up at night. l don't know that he