The Morning herald., 1878-11-21
ONE CENT.

that this was not simply the finding Of
goods; 1t went further, The prisouer not
only found the property, but risked his life
in endeavoring to rescue it. He did not
think the jury would BE- justified IN fnd>
ing the prisoner guilty of larceny.
The jury rendered . verdict of "not
guilty." without leaving the boz.
State vs.. Phillip Dollard, who had broken
into the warehouse of Colonel P McCul-
Tough, on the 10Th of April, in company
with Frank Moore (who afterwards broke
jail and was not recaptured), was then
taken up; Pennington for the defence.
Colonel P. Mccullough testified to the
robbery. The entrance was effected by
breaking through the cellar window, and
thence up stairs through door lined with
sheet iron and held by an iron bar. Sixteen
hundred dollars worth of boots and shoes
was taken. He employed detectives, and
for three weeks the search was without
success. / then received letter from .
party In Philadelphia; who said he would
tell me all for $500 and no questions asked.
had one interview with him at my own
house, and second one In Pinkerton's de-
tective Office, Philadelphia. I was led to
20 to Washington, and there found one box
of the goods; got another box In Alex.
andria. The two boxes were worth about
$500. I had man named Bond arrested
in Washington, and at once telegraphed to
Philadelphis to have Fisher, Moore and
Dollard arrested. Fisher was arrested that
day; Dollard and Moore had been arrested
in Chester day or so before, and condned
in Media jail.
Mr.. Pennington then asked" Did you
not, Mr.. Mccullough, advise Phillip Dol
lard to escapes
A.-Ns, sir, I positively did not.
| Q.-Are you quite sure of that Mr.. Me-
Cullough?
i A.-Yes, sir. When Moore got out told
them they might as well let Dollard 60
now, Is the ringleader had gone. had an
interview with Dollard one Sunday after
noon in the jail.
William Fisher was then called.
The counsel for the defense here raised
an objection as to the receipt Of his testi-
moDy. II he was an accomplice, and he
testified here against Doilard, 1t was taken
as an implied fact that 1t was to receive
leniency, unless his evidence could be cor
roborated by auother witness.
The objection was overrued.
Fisher testified, that he was In Philadel.
phia on April last; knew Moore and Dollard
for two weeks; Moore and camedowu In
Wilmington and met Dolsrd at the depot;
Moore told me as came down with him
that he had a friend in Wilmington who as
understood him worked In shoe factory;
we passed Mccullough factory and poin-
ted it out; Moore left that night and
the next morning; I came down again at
Dollard's direction; on the night of the ro5a
! berry. Doliard, Moore and myself got into
wagon at Front and Orange street; we
p, went from there to Sixth and Penn streets;
, Moore and Dollard left me aud went away;
Moore came back In Q hours; then took the
Q team and drove off and went up to 7th
and Walnut streets; both of them came up
In tho wagon after while with
). something in it: at taere direction, l
b followed hem to Ninth and King streets and
: told them they had straight road to Phil.
Q adelphia; same time after I saw Dollard
: aud he told me that was " q good haul'
U they made: the next time saw Moore he
gave me $40 and we had fArcas and ]
q told him that was small sum to pay me
n for the amount of trouble they had gotten
= me into. Frank Moore first mentioned about
!. shoe factories and mentioned Col. Mcs
u Culloughs factory; before they and came
70 down to Wilmington, did not tell them
K that would show them the factory; on the
dAs after Moore and came to Wilmington
:, Wuol Wenb UdCk u Htiau 'lpniu, 4Aooto
u gave me $50 and told me to 60 tc
le Wilmington and meet Dollard on the New
" Castle pike.
i, The witness was examined to considerable
d length without eliciting any new facts
10 However, 40 Mr.. PENNINGTON was no
II through with him at 6 05 o'clock the cour
n adjourned. His examination will be rs.
" sumed at 10 O'Clock tomorrow.
IN The capital cases which were expected tt
ut come up during The present term OF cour
will not be taken up until the 3rd of Do.
u cember. This is owing to the fact tina
n there was some error or informality II
" opening the court last Monday morning
which led the judges to doubt that the cour1
Of Oyer and Terminer was in session and
was decided to call one on the above date
he The court of Oyer and Terminer is the onl.
( i. one IN which capital cases or all case
ne punishable by hanging can be tried. Th
present court is therefore, owing to 'he mis-
lie take In opening, simply that OF general ses
q sions or jail d livery
OF
4