Middletown transcript., 1872-11-30
Local and State A6hirs.
PrssssAanss q csuss.

troeesNen0s - Couses
Ths sins u The court wss mostly occupied on
FAuge6ay eflast wssk In hearing the svi6snce, |
~ W. asRuuenb u eouussl In the cAGe Of 0sa. |
Hln, ~ se9po who was indicted Nbs committing |
N aseanlt aao ostfAss o. The persoa Of nss. 1
Mary Thompson, who was the chief witness = |
;s s ,ssc sSs -; *. .ss q; s, Ssss
The details Of the crime, We refrain from Alliag
our columns With the account, Il being of rnther
. sevoliiag character Dennis was found guilty"
Of the ,fimc ~ charged.
On Saturday, cSutrary. TO usual custom, the
cosrt was Ia session. VIM. Benton was found
guilty Sf stealing door-unAt from John Bough-
man, and was seuteaced TO pay $500 restitution
money, receive 20 isshes stay In jsii months,
and wear = convicts jacket Q months afser being
released. Joseph Smith, meg for stealing har-
mss and = cost, got so lashes, year imprison-
ment aud jacket for months, besides, fine Of
$500 sestiiutioa. :.
Joha Lepsr, tuewro) indicted .. the charge Of
having committed an anault audlbattcsy on A.
gustss .Hushebsek, of this town, % The 10th Of
July, was found ''guilty" Of an assault and sen.
tsuctd 10 pay $1,000 Gne aud costs, and be i'm.
prisoned until The sentence 10 complied with.
The court next proceeded 10 try the case Of
State W. James Adams and John Aiken, indic,-
Sd for conspiracy g break into and rob the
Newark Bank. On the motion Of W. q; White
and W. y. Grecnwalt were excluded the court
room during the taking Of other testimony by
the State.
The inception Of this conspiracy dates a. far
back ~ last December. II was completed on the
10th Of March last, when by agreement Of Adams,
Aiken, Grecnwalt and Miller met In laurel
thickct In the upper end Of Mill Brcck Hundred,
nnd made definite plans to carry this robbery in
to effect, and assigned each one his part. Adams
was to open the outer door of the bank, for
which he and Aiken were 10 procure keys, Mil
.sr, (who was formerly a paytellcr In this bank
WINS 10 unlock the outer vault door. which was
fastened by a combination lock, which he under
stood when he was In tho bank, and which he
then explained TO them. Aiken was To get into
The safe, and who then and there said, ''if II WAS
Lilly Safe he could 20 through II In three
quai isrs Of m hour" Aiken was to go TO Phil
adsphia and get dark lantern and some tools;
Grecnwali was TO meet him in Wilmington, at
8 O'Clock in the evening, convey him TO Newark
and take him TO the rear Of Squire Canlk's sta
BILE. They were TO divide the spois equally n
moug them; and if any onc was absent a, the
time Of the robbery lie was 10 lose his share.
Grcenwalt was 10 make rubber bags IN which 10
preserve the s,olea bonds and further, II either
Of the four should ever breath H. he was 10 suf-
fer death.
Several mcetings were had subsequently, be-
tween them about this matter.
Several keys (which were exhibited In the
Court-rocm) were made for opening the bank
door. One rainy night In the latter par, OF
March, Adams and Miller agreed TO try one Of
the keys. Adams said to Miller, there |: no need
Of you going. Miller said ",ery well' and went
home, but came around to the bank yard and
laid down under a tree there to wait for Adams
to come 10 the bank, aud see IL he entered the
bank, $50 that he nigh, have sure foundation
TO secure him Adams came TO the bank, and
Miller heard him working at the door; bat he
did not open IL then. Miller saw Adams the
next morning before breakfast, who said that
Aiken had filed the koy too much and another
would have 10 be made Adams afterwards with
a skeleton key unlocked the door but could no,
lock II again. lie then made third key which
Miller tried. II not fitting, Adams vanished
the key and was thus enabled to tell where ii
need fling. Further proceedings in the matter
were delayed till Fall on sscoun, Of tho warm
weather, as people had their windows up and
might hear them at work.
On the LIST Of October last, Miller revealed the
pio, 10 the directors Of the bank, and steps were
Immediately taken TO have the conspiraiors ar
rested. They were taken into custody about the
middle of last month, and the keys were found
In the trunk OF Adams.
The evidence for the State not being finished
the case was continued till tomorrow.
The case OF State VS.. Adams and Aiken was
continued on sn,u.any. mo,e e,i,vuc. was
produced by the prosecution. The defence en-
deavorcd 10 impcach the character OF W. II,
Grccnwalt for vcraci,y. and TO disprove Aiken's
completely 10 the conspiracy.
Dep. Att. Gen. Bates addressed the jury for
about an hour. W. q. Whiielcy, Esq. followed
iu an argument of the same length for the de-
fence, and Attorney Gen. Lore closed the arga.
mcnt
The court charged the jury that the accused
adams and Aken) were indicted for conspiring
To rob the Newark National Bank In White Clay
Creek hundred, Of this county.
That conspiracy was an unlawful eonf,dcr-
acy or agreement or combination between two
or more persons TO do nm unlawful act, or TO do
a lawful act in m unlawful manner. Tha, the
gist Of the offence consisted Of and was complete
when, or, at the moment this combination was
altered into, or agreement made.
That u was incumbent on ths part OF tho pros
ecution to prove that this unlawful combination
or agreement was entered into or made.
That the proof Of any overt act done 10 pursu-
ance Of said agreement WAS merely cumulative
or corsoborativc evidsuee Of the conspiracy.
That under this indictment ifaay unlawful
agreement had been proved between the accused
both must be convicted. II but one Of them had
been proved 10 have conspircd With either ono OF
the four couspiratsrs, 1t was the duty Of the jury
TO convict him.
That II both Of the accused had bee. proven
TO have conspircd with either Of the four, they
should both be found guilty.
That the jury must judge from the evidence
before them whether this conspiracy had In fac,
been entered into and rndcr their verdict ac-
cordingly.
The jury retired, and after having been ou,
about three quarters Of an hour, returned with a
verdic, Of James Adams guilty. John Aiken
not guilty"
According to Law, the Superior Court net on
Monday morning.
Coumittcss were appoiated 10 examine three
young men. q. 4. McCalitster, J. p. n. Polk
and G. 4. Silver, for admission 10 the Bar.
Sheriff r. l.. Armstrong was qualified In tho
sum Of $4,000 and produced ks sureiies whe
were accepted by the court flames Armstrong;,
Alexander IipllinRsworth, John Evans, James
Brown, james Crsnston, u. W. vernen, Heary
leuts, VIM. Brackeu, u. II. McMullen and VIM
II. Pierce.
The Civil List vas then called. The frs, case
tried was that Of VIM. Baxter ~. Philip Plunkctt
This was suit 10 recover for three promissory
n,,es, SIS each, gives by WIN. McDesitt, ovci
the signature Of the firm Of "McDeviu 1 Co.
(of which pluukctt was then . membcr) for The
individual debt OF VIM. NcDeviti, which existed
before the partnership was formed. The Cour,