The daily gazette., 1878-12-11
OUR COUNTY COURT.

4 fOttftD UT 11tlDl.
NEW CASTLE, Dec. 10th, 1878.
The proceeding of court subsequent t.
those III our issue of yesterday, are as fol.
lows:
Al the close of our last letter, we men.
toned the discussion over the admission
of evidence relating to the cause out of
winch grew the shooting of James Jones.
His Honor, the Cniet Justice, at the con-
cluslon of that discussion said that the
witness James Jones could not be used
unless the defence wanted to take The
risk OF making him witness for the de-
fence.
Of course, to this the defence demur.
red, and the matter was finally settled by
the defence promising 10 go so far in his
examination and no further, /. e.; that
the witness would not he used by them
proving the origination of the tales refer
red to.
The examination was again commenc-
ed.
"Mr. JONES'" asked Mr.. Gray, "why
dld you submit to the whipping?"
"Because they said had Id lies
"S op" sternly interrupted the court,
eve have forbid you asking that ques-
ton"
Mr.. LORE ask You if you did not ad-
NIT in the presence of Mrs. Dodson, Mrs.
Prettyman and Dora Dodson, that you
had been lying"
Attorney General-"There now Don't
answer that"
Turning to the court, Mr.. Penuingto ton
said, SIT the witness had told an infa :
nous lie, that would not in any way ius,i-
fy the prisonerin the course they adopted"
The court assented to this and reitera-
ted his former expression that the real
question was whether the man bad been
brought TO Delaware and shot by the
prisoners.
Mr.. Lore-The man James Jones has
been brought here as creditable wit
ness, cannot we show out of his own
mou Ii that he is a confessed liar?
Court-You may at the proper time.
If he has made contrary sta ements to
different parties you may bring those wit
nesses TO establish the question of verac-
ity.
Mr.. 'Grav-We also wish TO show that
the man Jones was not kidnapped and
taken to Delaware to be slain; and we
want to show that there was reasonable
cause for any action that followed.
The Court-If the man had told lie
of the most outrageous kind it would not
justify the act of bringing him to Della
ware to kill him, and shall ins ruct the
jury to that effect.
Examination was then continued.
Question. What kind OF night was
it.
Answer. 1t was cloudy night.
q. Did you say that M. Dodson was
present when you went out III the wag-
on?
A. lie was; lie held the horses and
opened the gate.
q. You say that on your oath?
A. do.
At the solicitation Of counsel for the
defence the examination was suspended,
SO that court might take a recess.
AFTERNOON SESSION.
Court re-assembled at three O'clock
At the instigation of the Attorney Gene
raj the witnesses were all placed in an
apartment so as to prevent their
hearing any part of the testimony.
James Jones, recalled for cross-eXami-
nation The carriage left about seven
O'Clock !; don't remember going by Ches-
Ierville went by Locust Grove and head
Of Sassafras. When the carriage got into
Delaware | was taken out on the right
side of the road the carriage stopped in
Lhe middle of the road. Mr.. NewcOmbe
took me out and took me through the
lhicket; Mr.. Vincent was behind me
Mr.. Newcombe was the first one that
fired / was standing sideways to Mr..
Newcomb !; they didn't unite me. |
turned to Mr.. Newcomb and said ''you
told me you were going to let me go
when you brought me here lie said,
'swe came here to kill you and we are
going 10 do it," They fired quick
when | came to consciousness Vincent
was walking away from me and New
combe was undoing the ropes around my
body. When Newcomb fired, the bullet
struck me in the head the bullet from
Vincent's pistol went in my neck and is
N there yet | can feel it when | move
my head. Newcombe was only about
.wo feet from me he clutched the rope
around my neck with one hand and kept
ne from hallooing; in the other he held
he revolver. At the second house l
,topped, the man didn't fire at me he !
old me to leave, and l did so, muttering
o myself that | would find a house to |
top at if | had to walk as far as Galena. |
About three days ago | went with Mr.. |
Roberts and showed him where the spot |
vas.
Andrew Cork, col, sworn: Live in |
ppoqui nimnk Hundred; know James
ones, have known him seven or eight
,ears, married his sister; he was never
It my house at any time before the night
f the shooting; he came there on Tues
Law about three weeks since. 1t was three
,r four o'clock in the morning; he called
ne "uncle;;" l had been asleep and l
him from where L lay. l asked
lim who he was. He said I'm Jimmy
sick at the heart and mybands
re numbed." l lit tar lamp and push
,d it out of doors-I didn't put my head
nut. He came in; didn't put the torch
nut; he came in all drawed up. | asked
What was the matter with HIM. He told
ma TO cease him down on seat" L was
,retty well scared-didn't know who was
he most scared me or him. ] was scar
d gentlemen that's certain! LaughterI
saw there was little hole where the
Hood was coming from. When he came
n he said "Oh, Lord, save me i told
i'm 81 couldn't save him. told Mary
Cork's sIster-ln-lawl that here was her
rothar down stairs shot: and / asked her