Delaware tribune. [volume] (Wilmington, Del.) 1867-1877, 1875-05-20

z. That the teeamony o. IN Accompuee uncof-
roborated Ia not worthy Of oredence.
5. That there was NO actual burning.
Adjourned until 10 O'Clock. Tuesday morning.
rufsoAx's pRooEEp1Nos.
The court opened this morning ut 10 O'Clock |
Judges dilpin, Wooten, and Houston on the
bench.
The prisoners England and Titus were AZ
rsigned, the Jury called, and Chief Justice Gilpin
aidressed the counsel for tho defense In sub |
stance ~ follows -
I understand you have taken thnse grounds |
Of defense, 1st that the indictment IL fatally dc.
foctlye in not negativing that this stable waa |
dwelling house or public office whore records |
are kept. There IL note In Archibold OF cane |
In Massachusetts, which seems to make such
defect fatal, but upon careful examination OF |
this case ~ reported 1t does not establish this
doctrine, for there the Indictment was sustained.
The case in Massachusetts Ia similar in chArac- |
ter to that in this State. We decline to charge |
The Jury that this Indictment 10 defective. II
The counsel for the defense shall soc 1T to make |
, motion In arrest Of judgment We shali hear |
their reasons upon this motion. This will not
preclude you from stating your reasons:
Turning to the Jury, Chief Justice Gilpin pro-
ceeded Gentlemen Of the Jury, this u an In
iictment for burning or rather for setting on |
dre . stable situated In the city Of Wilmington
10 the night of the 14th Of February Of the pre- |
sent year. (Here the Chief Justice read the /
statute.) There are two:counts in this indict-
burned this stable, the other alleging that they |
set It ON fire. The question thus presented to |
you Il. what 10 meant by setting on fire +? I'm |
within the walls Of that building, and hay, straw
and other property were burned, There 10 no
doubt Of that fact. The question IN now, whelh- |
er the stable itself was on fire. There might bn
fire there that would not haye set the stable on
: .na property ssss I ss1s be was
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
statements both say that tho hay that was on
FIRE was up against tho wall and against one or
more Of tile upright wooden pieces The negro
said 90 and the boy said 60 the boy spoke OF
one Of the uprights - being red with fire: The
negro says he went in the stable before 5
O'Clock, and put out all the fire that WAS there.
The boy says he went in the stable between
6X and ~ o'clock and that lie pat out the
fire. You must reconcile these statements II
you can and il you cannot do this. you must take
the one you think most worthy Of credence and
reject the other. What is meant by the statute
is that the building or some portion Of It must
be ignited. 1t 10 not necessary it should be In
blaze, but some portion, however small must be
ON fire. Whether there Was fire or not You are
to determine. The negro says tho upright was
nnged,, perhaps he meant scorched, anything
may be noorohed and yet not have been on fire.
We say to you it must have been ignited. The
boy ssys there was hole burnt in the roof-the
negro says not whether there was or not 10 for
you 10 ray, and II there WAS how did ii get there.
II you are satisfied the building was not on fire,
1t u your duty TO render verdict Of acquittal |;
IL you are satisfied it WAS on fire you should con-
vict, provided you are satisfied that these prison.
ers set it on fire. You may convict one OF these
ing was on fire, Who set it on fire. The evldonce
on that point rests upon the testimony Of
Moore who stands implicated in this business.
II they are guilty he is an accomplish
by the testimony. He was with them
nearly all the time and it 10 fair to pre-
sumo he was cognizAnt OF the whole matter.
You may believe the testimony Of an accom-
plice. There is . vast body of crime committed
which can be reached in no other way than by
such testimony. 1t Is customary in this coun-
Try and in England where there 10 no corroborA-
ton to the evidence Of an Accomplice, for the
Judges to advise . jury to give no credenoe
to such testimony but where there
where such facts may be used to fix the crime
the Judges decline to 30 advise, but leave the
matter for the Jury to determine. In this case
you are TO view Moore a. an aocomplica, but 1t
| does not follow that you are - 1isbelieve him.
| That circumstance should make you cautious
| and you should examine his testimony with
great nicely. II you believe him. your verdict
should be one Of '.guilty"-if you disbelieve him
your verdict should be one Of acquittal -.
The jury retired At about 10 minutes OF IL
| and returned at l1.17 with . verdict Of ''not
guilty for both the defendants. There being
no further charge against Englaud, he was dis
| charged.
The next case called was that Of State ps
| Thomas Titus,-setting fire to Sucks stable OF
the night Of the l4th Of February, 1876.
The jury WAS empannelled and the Deputy
Attorney General briefly stated the case.
Joseph Long WAS called and testified in sub
stance the same as in the preceding case. HI
showed his connection with England, Titus an.
laston on that night, and also testified a. befoI
that he saw them again that night after
wards, as the Sixth and Market saloon
There WAS no difference in any respec
from his testimony In the for I,e
He described the situation Of the stable, an
that on tho night of the fire he saw Englan
pick up hat on the boards that lay over th
gutter by the gateway. England put that ha
in his left hand pocket: There was hole \
. nail,. the hole was not round had see
that hat before it was Joe Richardson's hat
Titus had it on his head that night, when
saw him last, before the fire Englan
Further testified that he saw tho hat tw
, weeks after At Titus house; Titus and wei
alone; he said that the hole did not look like
: bullet hole, that it was good thing he had g
that hat back; there was no conversation abor
the fire or bullet hole previous to that remark.
VIM. Bacon testified Am night watchmal
. met Long, Titus, Moore and England at Whit
!; locks saloon between 10 aud IL; rememb
i Sucks ire,I was going towards home and hesi
4 . noise: went up Walnut street and 50
two men on Stuck's roof; this stable is brick IL
8 two stories high; there was shed running up
: the side Of the building made OF IA or 10
+ boards; there are two windows on the VAIN
street side; when I saw the matches lit n
II thrown in the furthest window up Walcut fro
1t It'll, snapped my pistol and they jumped dow
10 the pistol went of; saw the blaze when 7
1t matches were thrown in the window, pursu
down French street and gave the alarm At t
. Delaware engine house; saw England u
! Pierce there; I recognized one OF the men
III that shed.
g. George Leach testified as to being at the FL
y firing the "Washy" engine, and that Moo
Il was there and helped with others to get him
ty gate to stand on.
ID Maxwell B. Dixon testified incorroboration.
O. Elmer Moore,-saw Titus at 9Th and MARI
G, with Zeigler, Austin and Cross Long, Titus, .
n myself went down to 3rd and King; Titus left
H. there and we were Joined by England Z
90 OBrion; went down to saloon and O'Brten !
,e, saw Bacon again at 4th and French saw Til
to that night in 9Th street between Orange 4
he shipley; England, Titus, and myself then W
+ !, % 9th and King; Titus and , myself H. W
" up King to 7th and and ao"n 1tn
,ss going home, and said yes he then replied
on am 1, sitter light this place up !" had Q,
the stable before on that night. Titus had
as tempted TO FIRE it and struck his last match
he second time when he told me he was golnt
to light the place up said ''if you are going to
that am going back to the engine house VIII
ing can be seen p after asking me where he VIC
, il see me hb got on the roof ; went up SIEVE
red | to Masket where heard the report Of pist
The went down to 9Th street, and saw the Delaw
ad- carriage run out before the tire Titus cam
The England and myself at the corner OF u
re, he said he was going to Ii
the up Sucks stable England said to him that
uld had done enough that night and had be
the stop or no would get arrested he said he VI
og- light up this one and then stop. We went u
He the Delaware engine house Titus sent Eng
in to ask man named Conner to come out .
to wanted to see him Titus and got behind
INTO trees when Conner came out Titus asked
out for . match Conner eaid he had none,
hen would $50 II there were any on the engine
! Of ner said there we're no matches there Titus
fire on dark brown overcoat, dark pants and .
was Kossuth hat have seen the hat since in
,rn- jail but saw NO hole In Il.
my Sarah Barney testifed-Know Titus
orn- Moore; remember tho fire ut Sucks stable
,one tus came to my house and had . convers,
Just principally with Emma Moore;I then in lived
ther dali's court; heard part of the convers.
look aud il related to the fire; think 1t was q
who Thursday night; don't remember the fir
get the conversation; heard Titus say II
king down to tell you to tell Elmer not to sques
one England and me-; Titus Told ABOUT cnmpln8
the the fence and then on the roof and hring
match. He said Bacon fired Ut him an
:, ~ iumnod down and running nm SAventh Al