The daily gazette., 1875-05-18

was with England and Titus the best
part of the night and left them about
half past two in the morning OF the 14th.
From Sd and King to 9Th and Wollaston,
Titus, England, Long and were one
party, occasionally separating and then
|re,oinipg; when l left 9th and Wollas-
ton and went down in front of the ice
house and gave the alarm / didn't see
Titus and England as passed; | did not
stop | heard footsteps in the yard rust
ling in the fodder; England came out
after passed; 1t was so dark could
mot recognize his face; after passed
looked back and saw England come out;
they looked au shaivw " =. ta,J
| went in heard the bar fall and saw one
of them, don't know who, threw the
bar on Il lot it was dark gloomy night
| and no lights were lit; England was in
my presence all the time except when in
the yard of Cromish's stable. first dis
closed my knowledge of this transaction
to the Deputy Atty General four weeks
after had lain in Jail.
The Court then took recess until
z. NJ.
AFTERNOON SESSION.
Court rc.assembled at 3 r. M.
State %, VIM. g. Epgland and Thom-
as Titus.
Elmer Moore, continued. There
were no inducements held out to me
to make any confession. do not now
understand that am to go free for
giving my testimony; Mr.. Hodgson
visited me at my suggestion; he visited
me twice, once with Mr.. Brady; ask
cd Mr.. Hodgson to give me guaran-
tee of immunity, but he said he had
no authority to do anything of the
sort; Mr.. Hodgson cautioned me against
making any statements except of my
own free will and would promise moth
ing; | am here witness freely and
voluntarily. disclosed no facts on
condition of getting clear.
Andrew Crimlish was called and
testified as to the stable being in his
possession on the night of the 18th and
14tll of February and as to Its surround
ings, etc.
John Ciumlish testified to going on
the morning after the fire to open the
stable and finding it full of smoke; l
had locked up the stable that night
with common paddock; in the morn
ing the paddock was gone; when saw
the hay burning put it out.
The State here rested.
The defense was now opened by
Charles b. Lore, Esq, who briefly
stated that they would rely upon the
discrepancies between the testimony
of the States Witnesses they would
show that it was impossible to see any
one where Moore says he did on so
dark n night that Moore is an accom-.
plice and unreliable except when sup.
lported by corroborating evidence.
| The defence then called Leonard AtweI',
who testified that he lives next to tho icc-
house at the time o; the tire: went into my
hruse next u.orning liter the fire, ab, ut S
O'Clock and be'ore anybody was there; when
| opened tho door there was about n hat. ul
of smoke in there; l went into the st lble;
saw piece of carpet on fire and put it sus
! put out a. the fro there was there;
think the lock WI t, ere on that morting
| think | picked il up anil put it uu in my
house thore was no hole in the r ,of that
morning; when opened Il o door an went
in tho stable the nay was all .g0Ge anu a
this stable was OF brick and held lOae her ~
striIs Of wood: D.! have known men % cook
in the stable: there were some men there who
di so about election tina; tnybry could
get into that sable: | have seen boys there
smoking cigars and having fire there.
Wv. P. Wostbrook te. t Ii, d {. knowing Of
men Icing in that stabie WITH fire cooking
ami that he. went down to nut it out; Molla :
ton street is not well light d: it would be
very ditheult to distinguish anything iu that
Street.
John NJ. Clai YER testified that he remem-
beccd the night of the fire; il was d ark and
| i'mps wore lit l have seen smoke IN that
stable several times; tho stable WIS most
always open.
o.. L.. Jeifsris testifed-Livo at sth and
W0llaston streets; the night of the tire was
very DARK; thiak no man could distirg Iish
another Ii feet from him.
Edwin Il Bryaotte ife l-.Liva in Can
den, N. j havs known WH q. Ens and is
or Ii years; hs is in my employ: to the best
of my knowled; 70 he is of very good oh y. acter
james England. VIM. \. England, John NJ,
Carver. Thomas Darlir gton. J.. M England
and WIN, IL. England testified as to defen-
dants good character.
Tho defence here rested their case ana tae
safe cal led WIN. Woodward. George Leeoh
I'd john Legg to prove that England's 5
character by general reputation IVES djsor-
DERBY.
The testimony was all in by $3.50 P. NJ.
ahe counsel on both sides occupied until
10 o'clock last night summing up the case
when the Court adjourned until thi, A. NJ u.
10 o'clock
Darng the adjou. nment the defense aissd
points OF law as follows:
l. That the indict,n ent is defective in fail
ing to show that this stable Q WIS building Of
other descri pt ons than those named in se,.
lst and End of the 12Stn chapter and conse-
quently within the exception called fer by
@e. under which the indictment was
drasr.
2. Taat the testimony of occomplics un-
corrohon<ted is not worm credence
Y. That there was n01actuei burning.
The jury VIII be caargei this (ruesday)
ofLing.