The Morning herald., 1877-11-26
THE NOVEMBER COURT.
oon JURY FAILS TO AGREE-THE
MIDDLETowN RAPE CASE,
NEW CASTLE. Nov. "a 1877


ic Inc Court of Oyer and Terminer and ,
o the General Peace and Jail Delivery, m,
- thls morning at 10 o'clock. Chief Justic
~ comegys and Associate Justices Woote
n and Houston on the bench.
g Ihe jury in the Whitlock larceny case
wn,cn was tried on Friday last, were out al
= n.sne' the Court remaining open until mid
n'ght' when they came down and asked +,
DC discharged, as they we're unable to agree
ouS they sent back to their room, and sher,
remained until 7'ao thi, morning, and were
. o'scharged at s Is, being still unable &c
agree, standing eight for conviction and
four for acquittal.
at twenty minutes past ten O'Clock tho
TWO colored men, William Cbambers and
george Collins, charged with having as
saulseo and outraged Mary Catharine Smith
aear Miodletown, on the 18th of last August.
Mr.. remington for the State, and Vallan-
olgham and Turner for the defendant.
Inc usual trouble in jury where a mans
llle is at stake was experienced, many beipo
challenged and many others obiectino 70
serVe' some on account of having conscien-
'lous scruples against capital punishment.
Inc Following gentlemen are the Jurors .
Nessrs. George David, Joseph N. Coolinp
Samuel G. Thomas, Thomas Grimes wi.
liam Newlove, Levi Higgins, Edward Glen
aennlng' William A. Husbands, George T.
Ball, Theodore F. Armstrong, BENJAMIN NJ |
schafer and Simeon Lord.
There were several witnesses examined
whose testimony we omit at the request of
the Court.
Inc following are the facts of the case :
IN the early part of August Mary c,
omltn' upon whom the outrage was COM
mltted, left Philadelphia, where she re-
sloeo Tor years, with her husband James
Smith In search of employment. Thew
crossed into New Jersey, and TRAVELLING
over that State, but were unable to get any r
work they reached Salem where thew re- F
'eived information thyt hands were wanted p
n large canning establishment at Ronnd Ii
lop' in Maryland. They took the boat at s.
'alem' having money enough to pay their
are ahh landed at Delaware City passing Ia
trough st. Georges and Odessa, thew "
cached Round Top, but found all the hands 81
nat were wanted had been obtained . dis Ii,
ppolnted and disheartened, they retraced
aelr steps with the intention of going back in
Philadelphia. b,
In two and half days Middletown was hi
S'ght, and they reached there at about n We
iar'er TO seven on Wednesday evening, the
tn day of August. While walking along Ing
e road colored man driving WAGON, ma
me by them and stopped. The colored
an asked Mr.. Smith whether he was look. Ba
for work or did they want work, AID TIN
eng the woman, he said "does YOUR wife the
nt work too :" Smith informed him that one
y both wanted work; when the co,ored bir
N informed them that he knew ma, pri
u wanted man to pick peaches and me
man to work in the kitchen. Mr.. Smith Th
u tney were strangers in that section. wa'
were going to Philadelphia, but if he Off
sure Of getting work he would wait the
colored man said wait there, pointing the
Tree on the roadside, until I nut nv drc'
Sc away. They both sat under the fro. face
waited. Near this spot was a small and
Sc occupied by a colored family. Tn he
a5 an hour and halt the colored man
rned, laughing, with companion, q
1g man, both carrying cart whips fas-
about their bodies. I" Halloa are Al
here," said the man whom thew had who
re met' and then took the lead to the TO TO L
where they were to get employment u!as'
party passed over stubble field into q the
neld short distance, when the colorcd tnree
came to halt, and, having some con- IN b1
'lon among themselves, they undope specl
whips, the older one told Smith to Or which
ana leave the woman with them morn
ing her BY the arm. Smith uu,,,,.,,, one O
arm, saying no, this xom.n ~ wy him,
At that instant he was strro,, ~ ~ laying
ead with the butt of the wbin. and ne"'e'
the ground un,o,so,o -, ~ "h' blank
hen dragged tbrouob tha ""e Coron
sed. She was lead, when the mon
through with her, to the road, and
the house where the colored family ME
sne asked Tor drink of water, which Ds7,
no' W colorcd girl. She Odd
'sheo "hether she had seen her talk. Her
colored man that evon,n, Odd F
to which the co1oroa nesr Will
Nrs Smith o.,..s woman said yes. 3, O.
y, '.n "SAeo MS name, when she King s
ID that It was William Chambers Wir
len went to Midd,,.o at Jr