Middletown transcript., 1875-05-22

James McCallin, on the lst of January last
Deputy Attorney General Hodgson appeared
for the State, Chas. B. Lore, ESQ.,, appeared
for the defendant.
Several witnesses were called for boil
sides, the testimony going to show an aggra
waited assault, in which McCallin's head wa
severely bruised, his nose disfgured but no
broken, and his body also bruised. McCallir
said Plunkett ordered him out of his (Plun
ketts) store and putting pistol in his poke
followed him (McCallin) into the street
where be knocked him down with bung
driver. Michael Conway testified that wher
ordered out, MeCalln went into the middle
Of the street and invited both him and Plum.
kett out to fight, promising TO whip both,
and when they hesitated he denounced them
as towards and kicked at the door. Then,
be says it was that the fight occurred. The
case was argued by counsel, when the jury
retired and agreed upon a verdict Of guilty.
Plunkett was sentenced to pay $l5 and costs.
State Us. Elias Williams, negro, breaking
and entering the house of John Turner. in
Christiana hundred, on the 9th of October
last, and stealing pair of boots, watch,
and single barreled shot gun. The prisoner
engineered his defense with considerable skill,
accounting for the boots and the watch but
failed to account for the possession of the gun
and the jury found him "guilty," Of larceny
oft
VIM. G. England and Thomas Titus were
put on trial for setting fire to Andrew Crum-
lish's stables on the night Of Feb 18th.
Chas. B. Lore and John G. Patterson ap-
peared as their counsel. Dep. Attorney
Hodgson opened on behalf of the Slate. Jos.
Long and Hugh O'Brien testified as to having
been with the prisoners on the night of the
FIRE, but seemed to know little or nothing Of
their connection with the fires. Elmer W.
Moore, who was arrested on the same charge
as Titus and England, testified to being with
them on the night in question, and to seeing
them 60 into the stable, and to seeing the fire
break out as soon as they came out. He evil
IDENTIFY eudeavored to convey the impression
that they, the accused. were guilty.
Leonard Atwell testified for the defense.
He bad often seen men and bsys smoking
segars, and having fires in Crumlish's stable.
Had frequently seen persons cooking in there.
W. T. Westbrook testified to the same
effect as also did John N. Clarnen.
Edwin Fl. Bryant and several ethsrs tssti-
fed as 10 the good character of the accused,
and VIM. Woodward and others testified to
the reverse.
TUESDAY, May Is.
The prisoners, England and Titus, were
placed at the box. Chief Justice Gilpin
charged the jury, explaining the statute in
regard to arson, rehearsing parts Of the evil
dence, and advising the jury that it was
necessary for the State to prove that the
building itself was actually on fire, and that
such fire was caused by the deliberate act Of
the prisoners. The jury retired, and after an
absence of about half an hour returned with
o verdict of mot guilty" England was
thereupon discharged, there being no further
charge against him. Titus was held to an
swer the charge Of setting fire to the stables
of Jacob Stuck on the night Of February IA.
His case was at once proceeded with. Joseph
Long testified to finding hat at Stuck's
stable about the time the fire broke out, which
Titus had worn that evening. VIM. Bacon,
night watchman, testified to seeing two men
on the roof of the stable on the night of the
fire that they struck matches and threw
them, burning, into the stable. When they
saw him they jumped down and ran he fired
his pistol at them; recognized one of the
men. Elmer Moore testified that he was with
Titus on the night Of the fire; that Titus told
him he was going to light the place, the
stable, up; England advised him not to do it,
as he had done enough for that one night,
and might get arrested. Sarah Barney heard
conversation between Titus and Emma
Moore, about the fire. and that Titus asked
her to tell her brother, Elmer Moore, net to
sssqueal on him and England - he also
heard Titus say that he had fred the stable
and that Bacon had shot at him. Emma
Moore corroborated the statement about the
request Of Titus not to tell, and said that
Titus told her he fred the building and that
Bacon had shot at him. Cornelia Buckley
heard the above conversation and corrobor-
ated the witnesses statements. Jacob Stuck
proved the value of the stable and of tive
horses burned.
After hearing the evidence the jury rem
dered verdict Of "guilty," the prisoner hav-
ing offered no defense.
The next case was, State 0s. Thos Titus,
for firing Lape's carpenter shop. The chief
witnesses were Elmer Moore and Henry Lape.
Moore testified to having seen Titus fire the
building, and Lape to the value Of the pro-
perty. Verdict ''guilty."
Chief Justice Gilpin then proceeded to pro-
noun ce sentence:
Thomas Titus, stand up. You have been
convicted on two several charges Of setting
fire to buildings, the one the stable of Jacob
Stuck, the other the shop Of Henry Lape
These fires have become an epidemic in Viii
mington, and quite a number have been
traced to you. We are determined 10 break
this thing up, and for that purpose we will
inlict on you the extreme penalty of the law,
not only for your punishment, but also that
others may know what to expect from this
Court if they are convicted Of this crime here
after. The sentence of the Court in the case
Of firing Stuck's stable is that you pay Jacob
Stuck as restitution $4,000, being twice the
value of the property fred, that you forfeit
fine of $500 to the State of Delaware, that on
Saturday next. the 22d, between the hours of
10 and O'Clock. you stand in the pillory
thirty minutes, that you be whipped with 20
lashes, and that you be imprisoned for six
years, commencing May 22d, 1875, and end
ing May 81, 1881.
In the case Of firing Lape's shop, the SEN
teaee of the Court is that you forfeit to Harry
Lape Si, 200, being twice the value of the pro-