Middletown transcript., 1877-05-19

lowing u up uhtll iuey got lhto tho h'ots
where friends parted them and Garman wen
home If the pistol had been of littl
, heavier calibre il is pretty evident that sever
results would have followed. Garman sur
) rendered himself to Esquire Mahood there
and entered his own recognizance for his ap
pearance at CoSrt. The difficulty betweei
them is purely personal matter. 1t is al
old feud that has existed since the settlemen
by Mr.. g. of the estate of the late Thoma
Lamb Both parties married daughters o
the deceased, and Garman administered OF
the estate, which created some unpleasant
ness.-Smyrnd Times
Proceedings Of Court.
THURSDAY, May 10th.
State VS.. Burrows, for assault on Nathan
Crisden, in Middletown Crisden charged
Burrows with indecent language to his wife
This Burrows denied and angry words passed
between the two men, resulting, Burrows
said, in threats from Crisden, upon which
Burrows drew revolver and dared Crisden
TO execute his threats. The defendants
previous good behavior and character were
proved and verdict of "not guilty was
rendered by the jury.
About noon the trial of John Rhodes for
the murder of James Temple at Wilmington,
April 2lst, was begun. Attorney General
Pennington and Deputy Robinson, appeared
for the State and Levi C. Bird, Esq, for the
prisoner. The Attorney General opened for
the prosecution and DR.. H. o. Ogle was called
to the stand as the first witness. He had
made p0st-moTtem examination Of the muir
dered man and testified to the size and char
acter of the wounds. Lucinda Duckery testi-
fed 10 having seen Temple the night before
his death, and 10 having been with Rhodes
the same night She is the woman about
whom the two men quarrled. She had known
Rhodes for some time, had never heard him
make threats against Temples life, but said
the two men were not on good terms and
hod been 'tcussing" one another the night Of
the murder.
Mary Duckery, mother Of Lucinda, testified
to seeing Temple lying dead in the road on
Sunday morning.
Elizabeth Williams was among the first
that discovered the dead body and gave the
alarm; testified to hearing Lucinda Duckery
tell her mother the dead man was Jim
Temple.
Mitchell Hopkins saw the body in the road
and saw The Duckerys have a pistol and
watch which they took (npparently) from
Temples pockets.
David C. Rose (Coroner)-held an inquest,
Sunday morning. found a stone near a pool
of blood; saw no signs Of scufie in the
road near the body, but saw footprints and
hand-prints on the fence; found piece of
"slag" in the road, which be thought must
have been carried there; knife had been
delivered to him by an officer, knife was
shown and recognized).
Peter Demby lived at Randolph Peters
and was going home from Wilmington that
night and saw the body in the road and
moved it out, but did not know the man
was dead-thought be was drunk. Notified
the Duckerys and heard some one say Sit
must be Jim Temple"
Caroline Burris knew both Temple and
Rhodes had seen Rhodes two or three days
before and had used his knife; it was very
sharp, condition in which Rhodes said he 4
always kept il and that he was going 10
ftshow dirt with it," 1.-THE knife, a Barlow,
was shown her and she thought it looked
like Rhodes knife but would not swear to it).
FRIDAY, May llth.
State VS.. Rhodes continued. Peter Blake
had had conversation with Rhodes in his
cell at the City Hall, and advised him to pro-
cure counsel Rhodes confessed that he killed
Ten pie but claimed that he did it in self
defence.
J. NJ. Clayton testified to finding the knife
in the ditch by tkg9bads.de the morning af-
ter the murder.
Police officer VIM Jones, went out to the
scene Of the murder and subsequently arrested
Rhodes.
Peter j. Babcock, who had been clerk at
the inquest, testified that Rhodes made
statement before the Coroner's jury admitting
that he killed Temple but said he did it in
self defence.
Thomas Demby had heard Rhodes make
threats against Temple; heard him once
curse Temple and say if he chad his way he
would kill him.
The State here closed its testimony, and
Mr.. Bird opened for the defense. His first
witness was Emma Hopkins who said that
Rhodes and Temple had had quarrel in her
house the Monday previous to the murder
and that Temple had snapped a pistol at
Rhodes Margaret Ellis-"0n the Mon day
before the murder Temple came to my room
and asked me if l had seen Rhodes; / said
no; he said "Rhodes is always around Lucy
Dnckery and ! am going TO put his light out"
Temple pulled out pistol and said This is
my big dog, he never goes back on me-"
once saw Temple with a razor in his hand
chasing Rhodes along the street in Hedge
Vile" She also testified to having heard
the two men quarrellins at the Dew Drop Inn
and heard Temple threaten to blow Rhodes
brains out Eliza Hardcastle, VIM. Morris,
Perry Hamilton, George Valentine and Mark
Hamilton had all heard Temple threaten to
kill Rhodes.
George Fields, sworn-"On the night Tenn
pie was killed walked along Front Street
with him; he said ''rm going TO meet Rhodes
tonight, on yon side of Market St. Bridge,
but I'm prepared for him" asked him
how, and he said never mind, III tell you
after bit, here's something that never lies,"
Showing Inc a pistoll Temple went over
Market Street Bridge.
DR.. 0gle said that after having examined
the body he thought that Temple was cne of
the most muscular men he ever saw. Evan
Butcher, James A. Anderson and several 9TH
ers testified that Rhodes bore good reputa-
ton as a quiet and peaceable man. The de-
fense then rested their case, and Deputy At