Middletown transcript., 1875-11-27


the handkerchief on it up over his head. :.
John Nc Caulley sworn Examined the fence
and peach tree in every possible range that
! bullet could have come from, in ONeilfs
direction and could find no bullet mark; ex-
amined the whole ground, and in my iudg-
ment a bullet from Daniel O'Neips pistol
where he stood could not have hit Sarah
Doyle where she stood.
John Horty corroborated preceding witness.
Nathaniel Melchoir was called as an expert
and testified that Smith & Wesson pistol
would not carry 200 yards with large cart
ridge.
Andrew Bernhardt testified that the cart
ridges used in O'Neill's pistol were only
medium size.
VIM. McShay sworn: Worked at Hilles l.
Jones that day heard three shots fired !;
heard them distinctly.
Defense rested their case at 6 minutes of
P. M.
The remainder of the session was occupied
by the Deputy Attorney General summing
up the case.
Court adjourned at 5.45 P. M. until next
morning at 10 o'clock.
SATURDAY, Nov. 20.
The O'Niell case was continued. The coun-
sci concluded their argument at 1902. Judge
Gilpin delivered the charge to the jury, say
ing that if the shot fred by O'Niell, in pur-
suit of Wingate under warrant for his arrest,
missed Wingate and struck Miss Doyle, the
prisoner is guilty of murder as he stands in
dited. The jury retired at ILL and at l.49
returned and announced thier verdict-not
guilty.
George Wilson, charged with committing
an assault with criminal intent upon Geor-
gianna Justison, was put upon trial. A jury
was empanneled and Georgiana Justison was
called to the stand and related the circum-
stances of the case. Levi G. Bird, counsel
abandoned the case.
John O'Hara and John Savill, Jr., were
convicted of an assault and battery upon
Elias English, and sentenced to pay $25 and
SOStcf auu oC iuPt ioOhC0 houtuo. ShutiCo
johnson convicted himself, by his statement,
of stealing a pocket-book from Miss Annie
Goodrich at the P. W. & B. depot, and was
sentenced to receive next Saturday, 20 lashes,
be imprisoned six months, wear convict's
jacket six months, and pay restitution money
and costs. At o'clock court adjourned till
Monday.
.s-4A@ MONDAY, Nov. %
The trial of Patrick Ahern and George
Weite for the murder of an unknown tramp
near Townsend was called. Benjamin Nield,
Esq, appeared for Abern and W. G. Spru-
ance, Esq, for Weitel. Mr.. Spruance asked
for severance Of the cases, but his request
was refused. The case of John Whitlock, ,Sr,
and John Whitlock, Jr., was taken up
Whiteley and Barr appearing for the prison.
ers. The following jury was empanelled
Thomas Deakyne, Jr., E. J. Boulder, Stephen
Cunningham, John Reid, Levi Moore, Ed
ward A. Stoops, F. D, Dunlap, VIM. Wood,
Chas. A. Bigger, j. Fl. Hoppins, Jas. L.
Crossen, Chas. Leaker,
motion to exclude the States witnesses
from the Court room was granted and Atty
Gen. Pennington opened for the State.
John Allen, negro testified as fotfows:-
went with six other colored men, to Whit
locks; bought six halfpints of whiskey and
asked Whitlock ST.. for permission to have
some fun he said they might if they didn't
make much fuss; Sam Wiley was beating
while Furchess danced old Whitlock got
tired and ordered them to stop. Wiley said
81 think we ought to have the privilege to
enjoy ourselves where we spend our money"
Whitlock said ego somewhere else and spend
your money, didu t ask you to come here.
He then said 'spot, or will blow you down."
Furchess had stopped and was standing with
his right side turned to the bar old man
Whitock called his son John to bring
revolver and "blow him down: :" Jno. Whit
lock, Jr., came in and put his hand over the
bar and said ''if you don't stop will blow
you down !" he then shot; Furchess went
out the door saying ooh know it was not
a gun, or Whitlock would not have put his
arm over the barr" did not see the revolver
nor smoke; heard the report; Furchess about
three feet from John Whitlock, Jr., when the
latter shot.
John Dennis sworn: Live at Middletown ;
Strandt Harman, Allen, Wiley, Furchess and
myself went to Whitlock's; at our first visit
there were two men lying down and three
sitting on bench; did not know them; three
of them remained as long as we stayed; at
our second visit we each got half pint Of
whiskey; they all drank except Furchess and
myself; Furchess and myself were Dancing
the first time; the second time we went there
neither of us danced at the second visit we
found four other men there playing cards
going there the first time we asked Whitlock,
Sr., if we could not have some fun if we did
not get to quarrelling among ourselves; he
said 'Yes;" when we came in the second
time we commenced to dance and be told us
to stop; one of the six said, "Boss, think
it is hard that we can t have little fun when
we spend so much money he said 81 did
not tell you to spend it here; 60 somewhere
else;" no reply was made nor did we stop
dancing at that moment; he followed to his
son John to come out and blow the brains
out of us, (using profane expression); had
not seen John Jr. before; he came out and
said ''if you don't stop will blow your
brains OUT" and speaking to Furchess he
said II will shoot you anyhow - he imme-
diately fired at him heard report and saw
pistol in Whitlock Jr.'s hand.
VIM. Hall varied the conversation of the
two men, in his testimony, by swearing that
Whitlock, ST., said to his son, come out and
shoot these fellows down.
George Jones being sworn testified to still
another state of facts; he said that John, Jr.,
came in and went out again, and his father
called to him to ''come and stop this dane
ing; did not see the pistol in his hand; saw
the smoke; at the firing they all ran out ex-