Wilmington daily commercial., 1875-11-24


sUBMITTAL OF THE CASE WITHOUT ARGUMENT
AcQuITTAL OF THR ACCUSED.
Reported for the Commercial.
New CASTLE, Nov. %.
In our telegrapbic report, the defense in the
Whitlock case had proceeded as far as the ex
animation OF Theodore Whitlock who testified
substantially as follows: Am brother and son
to the prisoners at the bar had heard threat to
burn my fathers place, and went to his saloon
on the night of the 18th OF August heard q
crowd of mon coming down the street, apparent
ly very drunk they went into my fathers pla ,ei
left my house and went over and looked in at
the window; saw three or four men stand
ing up and some lying down some
OF the men were dancing Heard my IA
ther tell them to stop two or three times they
would not and he called to my brother John to
" come and try to stop these fellows from dan
cling = John came in and told them they must
stop or go out Furchess said "pitch in, al
hiding to the boys to dance or to John Fur
chess fan his right hand in his left coat
pocket and pulled revolver half way ont l
then heard u report from Johns pistol ; after
this they all ran ont in little
while one of the men came back to tho house,
knocked at the door three times, opened 1t ON
crack and pointed pistol in the room some
five or six others ttood in the middle OF the
street; | went home after little while the
crowd came by and stood by my fence; live
right opposite my father; / heard one cay,
Lets go up and get half pint from the old
man = another said no, 'she will be over this
way soon perhaps I as the men ran out OF the
| saloon after the pistol was fired saw some one
grab pistol from Furchess father did not say
to John "come out and shoot tile men or
threaten to blow them down.
Harry Vase testified that he was bar tender
| at Maxwells Hotel, and this same party of six
negro mon had gotten over two half pints at his
bar before going to Whtlock's the second time.
On the re-assembling of Court, at 3 O'Clock,
Chas. T. Dill was called who testified that the
morning after the shooting he met Theodore
Whitlock and Wm. B. King at Armstrong; Cor
| ner they said they had just come from Chesa-
| peake City and had not heard of the shooting !;
| he said if that is the case, then Dorie, turn
| around, and I'll be id il We don't kill anoth-
| VIM. W. Williams, who was present at the
conversation corroborated Din in every point,
| AT $50 O'Clock the case was submitted to the
| jury without argument.
| Shortly before O'clock the jury came into
| Court with verdict of mot guilty"
Judge Gilpin ordered the Whitlocks to stand
up and said, calling each by name, "You have
been acquitted. This case should admonish You
| from keeping hell in Aliddletown where ne
| groes aud the lowest classes drink aud make
Disturbances | would advise you to take my
| advice. You can go."
THE AnEgNwEITEL MURDER CASE.
The trial OF Patrick Ahern and George Weite
| for the murder Of unknown tramp, neal
| Townsend, was taken up. Attorney Genera
| Pennington represented the State and VIM. &,
Spruance and Benz. Nields the accused.
The following jury was empanneled DaviG
| Mccoy, (Foreman) Jacob Way, John Beale
William =. Forrest, Philip q. plunkett Jamet
| Il Iiotfecker, John Wayne John II. keybUd
Richard Ct. Alexander, James Ward, James
| ltidgeway, George w. Ely.
Tie Attorney-General opened the case on be-
half of the State.
The first witness called was Miss Bedwell, whC
testified substantially az follows Am 70 yearf
of age and live near Blackbrd station; know
| Ahern but never saw Weitel before the night OF
the occurrence, August l9Ll; young man namec
Barlow and were going up to Townsend, that
evening, think about or O'Clock; Barlow
Joined Inc at hiA house about Is yards above
Barlows Bridge, we two started up the Il. i
track; Ahern overlook us between Conway'f
house and Bqrow'- crossing; Weitel joined us q
quarter OF mile further on; when Ahern first
came up lie asked me if was going to Town
send; replied "yes," lie said he WAS going nj
there to hunt man who had boon cnraing his
father and il he found him he would hit him
Ahern had no coat on and had nothing i'll his
hand1; were joined then by Weite; saw Weltel
once before at sundown by the freight train, and
recognized him; don't know how he was dressed
Weitel said nothing to ils; kept on towardt
Townsend; Ahern and on the lead part of tic
time; met man about 900 yds from TOWNSEND
setting on the left hand rail on the side track
Ahern and Wetel did not go on to Towns
end but went up towards the mar
Ahern asked if he was the man who had JUS
come up the road the tramp rising to hi- feet
answered something | did not understand
was little behind Aheru when he accosted the
tramp Weitel was on the side line WHEN Aheri
spoke as passed by Ahern came ont on the
main track, picked uE something and flung it u
the tramp Ahern flung three times | saw hin
stoop twice two OF the shots struck the grass
and one struck something pretty hard did no
see Weitle do anything left Weite ant
Ahem standing there and went on t.
Townsend where we staid iron
an hour, to an hour aud half; returning saw
the tramp lying whore Ahern had been throw
ing at him; told Mr.. Barlow; Mr.. Barlow, Mr.. Jes
ter and went back to Townsend; the man wa
lying in tile same place; told at Townsend MI
Reed Jas. 9. Townsend and others; We the
went back again in body; found the body i
the same place; it was examined, but not by me
don't know if the man was dead when Barlo'
and repassed him tho first time or not; ther
had been shower of rain Just before in til
evening; evening train had passed down be
fore / saw the man first time when Ahern an
| Weitel were with us; saw no other train pass Il
or down between that time and last time W
| went to Townsend.
On cross- examination the witness said h
| thought but was not certain that he was born a
J Pearson'a Corner, yon side of Kenton i sai
he saw the tramp pass up the road about sun
down when Weitel said he had been g cussn
the Irish y witness spoke of cars being on til
side track between the tramp and Townsend
tramp was standing on left hand side of Hid
track, and as passed mp the main track one CT
length lost sight of the tramp and as passe
two cars length lost sight of Ahren.
Court then took a recess until 10 o'clock, to
morrow.