The daily gazette., 1878-12-11

eHnle anu look MIN away; ! heard shots
rom PISTOLS or guns on that ht;thought
u was some OF the young men out gun
nlhg ior coons; couldn't say when it was
l ha" pretty good nap before James
cohe, was wide awake when / heard
the pistol shots; heard them some five or
SIX times; they were clear sounds and
seemed to be close to my stable, which is
Just otlow my hou'e. L live on the road;
Deeh ilving there two years, the stone
ilhe-between Delaware and Maryland
Is ABOUT 700 yard, from my mothers house
anu short distance from mine,
Cross-examined: There was always
shooting around there by boys who went
out after coons
After this witness was through the
| court said to him, "Andrew, where were
you ahis morning when court opened ;can
you give any reason why you should not
De hned? "Well, boss he replied, turn
ing as near white as man IN his condi-
tion could possibly do. "yer SEQ Ize at
wilmington last night; and / finks to
mrseif shurely l kin be back in time; |
started an hour earlier an | trotted and
run and run and trotted; but it wuZ
rdlnin' hard and dar wuZ plenty of mud;
anu sir tell you IL wuzn't kaze / didn't
hurry. 1t wuz my slippin' backards and
fnrrards that kept me from gettin' here"
The court deemed the excuse sufficient
ana the happy negro stepped down to
band In his attendance
George johnson, COL, sworn: | live
near Van Dykes station in Appoquini-
mink HID; saw JONES Jones at Andre W
Cork's house; ! heard pistol shots on
Tuesday night thought they came from
behind my barn; heard three distinctly.
! was alone and l didn't go any further
than the door. 1t was pretty late;I didn't
hear any other noise; my house is 200
yards from the road; didn't examine the
ground where the affair occurred, my
house is on the same side of the road as
Van DYKE station and Caulk's house.
AS George was one of the absent W.T.
nesses forwhom an attachment was taken
out, the court asked him why he was alb
sent. The excuse was the same as that
given by Andrew and he was by the court
dismissed from the attachment
Joseph Roberts, sworn A short time
age i went with Jones and he showed
me where the shooting iook place; took
plot of the spot. The thicket where
Jones was carried was about 1476 yards
from the Mary land line; tho road bears
south, 49 east; the shooting took place
below Cork's house. The distance from
the first place-where Jones SAID he was
shot-to the second place on the oppo-
site side of the road where he was drag
ged was 2O6 yards. (The examination
closed by an explanation of the plot.)
DIR. Howard Ogle, sworn; Upon the re-
quest OF the Acknowledgement | went
down to see Jones on Friday after the
shooting occurred; found him in Cork's
house; made slight examination. There
was a wound on the front of the head, l
probedit and from its appearance / came
to the conclusion that whatever it was
had found egress at the back, as the
physician in attendance had cut the
wourd l couldn't tell whether it hal been
done by pistol ball or not. AS the ex-
ami nation appeared to give him great
pain l pursued it no further. Jones COM
planned of his breast which found to be
clotted with blood; found two small abra-
sions of the skin upon the arm,
Truman Rose, constable, sworn: Live
at Townsend; remember the occasion of
the goth of November, went out to Mr..
Caulk's house and found Jones in bed. l
got Jones hat there;examined and found
two holes in it. (The hat was shown; it
was dark felt hat and marked No. T.
One of the holes was through the rim and
the other through the band in the front
part. This latter hole was the passage
made by the bullet which entered Jones'
head. The hat was placed in evidence.)
VIM. IL. Dickinson, sworn: live in
Appoqulnimink Hundred. Saw Jones at
Cork's house on Thursday, following the
shooting; he was lying on the bed.
Isaac Matthews, sworn: Live near
Chestertown, ,am brother-in-law to VIM.
Newcombe;remember the 18th of Novem-
Der. Vincent an Newcombe were in my
employ; they were husking corn on that
day: ID odson's house and my house are
about six hundred yards from each other,
with a road between them; the corn field
in which they were working is about
half way between them; l was engaged
in hauling; Vincent was absent for a
while; learned that he went to my
house; didn't know where be went; Will
liam Newcombe was also gone little
while; both came back that evening, or
about 3 o'clock in the afternoon; they
took supper about six o'clock; after that
they went away In Newcombe's Brester
buggy; don't know what time they came
back; they were not home when | went
to bed, which was at eight O'Clock; got
up at five o'clock III the morning, and
found them in the sitting room, where
they had fire made.
Cross examined These young men
are in the habit of going out Of evenings;
never ask them where they are going; 10
fact don't care so they do my work; |
have often found them in the sitting
room upon coming down stairs.
James Jones, col, was recalled: Don't
know how the young men came to Dod-
sons house that evening; they came about
seven o'clock; the shooting occurred
about three weeks ago to-day
The State here rested the case, and Mr.. |
Gray opened for the defence. He said F.: |
Al length it is permitted that these un-
fortunate prisoners at the bar shall be |
allowed to come before you,-as best they |
,an under the rules sofevidence laid down
Dy the Court-to meet terrible charge |
which has been made against them by |
his negro; and defend themselves as best
hey can from its terrible consequences.
The case is very pecsllar one, and is to
he prisoners at the bar frought with as
leep an interest as though they were
,eing tried for their lives. 1t is charge
dependant upon the testimony of single
vitness-a charge very easy to be made
nd very hard to be defended against.
annot imagine, gentlemen, anythingin
he vicissitudes of life more embarras-
ing than the position in which these
ighly respected, but unfortunate people
Re placed.
They come here, strangers from their
wn neighborhood,s summoned from their
wn homes, to appear before the bar of
his court to meet charge made upon
hem by the testimony of a single wit
witk terrible dIrectness and
involves the happiness
f their lives, and in involving their hap
inass affacts the families belonging to