Wilmington daily commercial., 1875-05-19

bench.
The prisoners England and Titus were ar
raigned, the jury called, and Chief Justice Gilpin
addressed the counsel for tho defense IN sub
stance as follows
l understand you have taken three grounds
of defense, 1st that the indictment is fatally de-
fective in not negativing..that this stable WAS
dwelling house or public office where records
are kept. There is note in Archibod of a case
in Massachusetts which seems TO make such
defect fatal, but upon careful examination OF
this case rs reported it does not establish this
doctrine, for there the indictment was sustained.
The case in Massachusetts is similar in charac-
ter to that in this State. We decline to charge
the jury that this indictment s defective. II
the counsel for the defense shall see fit TO make
| a motion in arrest Of Judgment we shall hear
| their reasons upon this motion. This will not
| preclude you from stating your reasons.
Turning to the Jury Chief Justice Gllpin pro-
ceeded Gentlemen of the Jury, this is All in
dictment for burning or rather for setting on
| fire stable situated in the city OF Wilmington
| In the night OF the l4th OF February Of the pre-
sent year. (Here the Chief Justice read the
| Statute.) There are two.counts i'll this indict-
ment, one alleging that the prisoners at the bar
burned this stable, the other alleging that they
set it on fire. The question thus presented to
| you is, what is meant by setting on fire Tn
/ questonsbly from the evidence there was fire
within the walls of that building, and hay straw
| and other property were burned There is no
| doubt of that fact. The question is now, wheth.
er the stable itself was ON fire. There might be
fire there that would not have set the stable on
l assume that there was fire
in the stable, but when you come to the question
as to whether the stable was on fire you have
no right to conjecture There was the testimo-
ny OF the little boy, John Crnmlish and OF the
| negro man. There is some discreuancy IN their
statements both say that the hay that WAS on
| fire WAS up sgainst the wall and against one or
more of the upright wooden pieces. The negro
| said so and the boy said so the boy spoke Of
l one OF the uprights a. being red with fire. The
negro says he went in the stable before )
| clock, aud put ont all the fire that was there
| The boy says he went III the stable between
| 6lg and ~ o'clock and that lie pat out the
hre. You must reconcile these statements II
| you can and II you cannot do this yon must take
| the one you think most worthy OF credence and
| reject the other. What is meant by tile statute
| Is that the building or some portion of 1t must
| be ignited. 1t Ia not necessary it should be in a
blaze but some portion. however small, must be
| on hre Whether there MAS fire or not you are
| to determine The negro says tho upright was
| singed, perhaps he meant scorched, anything
may be scorched and yet not have been on fire.
| We say to you II must have been ignited. The
| boy says there was hole burnt in the rouf-the
| negro says not whether there was or not is for
you to say, and il there was how did II get there
II you are satisfied the building WAS not on ire,
it is your duty to render verdict Of acouittal ;
II you are satisfied IT WAS on fire you should con-
fiSt hie rAtleLtu ttAt THESE lflsOll-
ers set it on fire. You may convict one OF these
defendants and acqult the other. II this build
ing was on fire, who set it on fire. Tho evidence
on that point rests upon the testimony Of
Moore who stands implicated in this business,
II they are guilty he is an aceompl.ce
by the testimony. He was with them
nearly all the time and 1t is fair to pre-.
sums he was cogniaant OF the whole matter
lou may believe the testimony OF an acc lm.
plice. There is = vast body OF crime committed
/ M ~ fbpr Ia,
such testimony II is customary in this clun-
try and III Esgl land where there is no corruhlrA-
ton to the evidence OF Au accomphce for the
Judges TO .dylse jury to give no credeuce
is corroborstion OF snch evidence in
facts leading 70 the commission Of crime OF
where such facts msy be used to fix the crime
the Judges decline to so sdylse. but esve the
matter for the Jury to determine. In this case
you are TO view Moore as all accomphce bar it
does not follow thst you are 10 1isbeheve Inn.
That circumstance should make you cautious
and you should examine his testimony with
great n,eety II you believe him, your veric;
should be one OF guilty you disbelieye hin,
your verdict should be one of scluittsl.
The Jury retired at shout 10 minutes Of II
and returned at lll1 with verdict OF mot
guilty" FOR both the iefenients. There being
no further charge sgsnst England he was DIS.
charged.
The next case called wss thst o, s,ate RS
Thomas Titus, s,-settlns fire 10 stuck = stable OF
the night of the lith OF February. 1875
The jury wss enpsnnelled ard the Deputy
Attorpey-Cieneral briefly stated the case.
Joseph Long was called and testified in sub
stance the same SIS in the preceding csse. II,
showed his connection with England. Titus ant
: Moore, until he left them st Eighth and VOL
aston on thst night, snd also testified SIS befoI,
: that he saw them ssan that night sitter
vsrds, st the Sixth and Market saloon
There was no difference in any respec
from his testimony in the forme
case until he spoke of the fire at Stuck's stable
He described the situation OF the stable an,
that on the night Of the fire he saw EuglsnC
pick up hat on the boards that lsy over tn,
gutter by the gateway. England pu, ihat hs
IN his left hand pocket. There hole it
the hat ths, looked SIS il it hSd been torn Will
nail. the hole was not round hsi see,
that hat before It WAS Joe klchardson's hst
Titus had Il on his hesd that night, when
saw him lsst, before the fire Enclant
gave the hat 10 Robert Iitus Lon.
=, further testified thst he saw the hat tw'
weeks sitter ST Titus house: Titus and wer
slone; he said thst the hole did no, iook like .
= bullet hole. that it wss good thing he hai so
thst hat bsck: there WAS no conyersstlou shSu
the ire or bullet hole previous to thst retnsrk
: Wu. Bacon testified Am night watchmar
e met Long, Titus, Moore snd Englsnd ST h,te
e locks saloon between 10 and l2 remenbe
Stuck : hre,l Was gong towards home and ~,
noise. went mp Walnut street and ssy
two men on Strek's roof this stable is brick sp,
two stories high: lhere wss shed running ~ :,
the side Of the building made of Il Or Ii Z
boards there are two windows on the WsinL
street side; when l saw the matches i; sr
thrown II the frrthest window up WAcu; fron
til. snapped ny pistol and they jumped down
l snapped sssin and IS they rsn NJ 7th stree
: the pistol went OF, saw the t,Sze when tn
matches were thrown in the window. pursue,
down French street snd ssve tie slsrT1 S, th
= Delaware engine house; l SAW Taelsnd 81.
!, herce there; l recognized one .. the men Of
: that shed
Georse iesch testified S. 70 be.rcs ST the ire
; firing the "wsshy engine. snd thAt Moor,
} was there and helped wiki others .o Sc. him
gate 70 stand on
Maxwell b Dixon testified ircorrohorStior.
Elmer AooEe,-ssw THUS S, 6;h and Msrke
with Zeisler. Austin snd Cross Long, Titus Ant
mysel. went down 10 Sri and kins Tins left L,
there and we were joined by England sut
o'Bron; went down TO saloon snd Br.ea lef
rs there went up King stree; sni ne, Raeon
saw Rscon again 81 9Th and French saw T.tr.
thss night in 9Th street between Orange sat
Shipley: England, Titus sni myself thea uerit
10 9Th and King; Titus and nTseit veu