Wilmington daily commercial., 1875-05-18
IN. l do not now understand that am to 70

sion. do not now understand that an to 60
free for giving my testimony MIR. Hodgson WIS.,
tied me at my suggestion he visited me twice,
once with MIR. Brady l asked Mr.. Hodgson to
give me guarantee Of immunity but he said he
had no authority to do anything Of that sort
Mr.. Hodgscn cautioned me against making any
statements except Of my own free will and
would promise nothing am here witness
freely and voluntarily. disclosed no facts on
condition OF getting clear.
Andrew Crumlsh WAS called and testified as
to the stable being in his possession on the
night OF the 18th and 14th Of February and as to
its surroundings, etc.
John Crumlish testified to going the morning
after the fire to open the stable and finding 1t
full of smoke after the smoke had cleared
away, saw the burned hay had locked up the
stable, the previous night, with common pad
lock in the morning the lock was gone the
COW was tied when l arrived there.
This closed the States testimony. Mr.. Lore,
for the defence, said they would rely upon the
discrepancies in the States evidence, and would
show that Moore, who is an accomplice in the
offence charged, could not have seen and recog-
nized the prisoners where he says he did. He
called the following Witnesses:
Leonard Atwell testified that he lived next to
the ice house at the time Of the fire went into
the house next morning after the fire about
8 o'clock, and before anybody was there when
/ opened the door there WAS about hatful OF
smoke in there saw 4 piece Of carpet on fire
and put it out, put out all the fire there was
there think the lock was there Oh that morn
ing ; think picked it up and put it in my
house there was no hole in the roof that morn
ing whenll went in the stable the hay was gone
and the piece OF wood on the side was just
singed this stable was OF brick, held together
by strips of wood l have known men to cook
in the stable there were some men there who
did 30 about election time anybody conld get
i'll that stable I; have seen boys there smoking
cigars and having fire there; was the first one
who went in that stable the morning after the
fire.
W. T. Westbrook testified ar to knowing of
men being in that stable with fire, cooking, and
that he went down to put it ont. Wollaston
street s not well lighted; 1t would be very diff
cult to distinguish any thing in that street.
John NJ Clarnen testified that he remember
ed the night Of the fire; it was dark and lamps
were lit, have seen smoke in that stable sever
al times; the stable most always open; live
in England's fathers house on Wollaston street
near the stable.
G. L. Jefferis testified-Live at sl9 wollaston
street night of the fire was very dark think
him.
Edwin Ii. Bryant testihed-Live in Camden,
N. j.; have known VIM. O. England Is or 16
years; he is in my employ to the best of my
knowledge he is Of very good character.
James England, VIM. Il. England. John NJ.
Chairman, Thomas Darlington, L. NJ England
and VIM. II. England testified as to defendants
good character.
The defense here rested their case and the
State called VIM. Woodward George Leach, aud
John Legg to prove that England's character by
general reputation was dsordery.
The testimony was all in by $50 p. m.
The counsel on both sides occupied until 10
o'clock last night summing up the case when
the court adjourned until this (ruesdsy) A. NJ,
| at 10 o'clock.
During tho argument the defense raised
points Of law rs follows
l That tho indictment is defective In failing
| to show that this stable was a building Of other
description than those named in sections
and 2 of chapter 12s, and consequently within
the exception called for by section 5, under
which the indictment was drawn.
2. That the testimony of an accomplish uncor-
roborated is not worthy Of credence.
$. That there was no actual burning.
The Jury will be charged this (Tuesday) morn
ing. II. G.. T..