Daily Republican., 1879-11-22
(YxsrxxDAY's sDws.)
oUR COUNTY COURT.
charge OF Chief Justice C0sRegys
In the sewctl starkeS Burgiary

Case.
Specially reported ior tho Republican,
Nzw CASTLE, November, Il, 1879.
Court opened at 10 O'Clock, Chief Jus
tice Comegys, and his associates Houston
and Wootten on the bench.
The Chief Justice Comegys then pro-
ceedsd to charge the jury in the case Of
The State vs.. Sewell Starkey. He first
related the particulars Of the entrance
of the house on the night Of the 18th
Of July, and the larceny Of a number
of articles as shown by the evidence.
Ther. was no doubt he said that the
house had been entered.
The question Is whether the prisoner
at the bar is the person who broke into
that house. This the jury was to de-
eide by the evidence adduced. The
com plexion of the prisoner should have
no Influence on the minds OF the jury.
All men, black or white, rich or poor
stand equal before the law, and the
Jury shouid judge this man exactly as
| il he we're white man.
The prisoner also "as to bs treated
a. If be wers innocent OF the crime
with which he was charged. So far as
the testimony Of Margaret Haggerty
| was concerned IL did not effect the case
| lonly 50 far ~ she recognized the voice
Of the prisoner at the bar. He charged
tho Jury that il the charge against
the prisoner hid been made for an at
tempt to commit rape they could not
hay. convicted him for an attempt to
comiri it that crime.
Had that been the charge he should
have been compelled TO instruct the
Jury to bring in a verdictof not guilty.
There was no force used to warrant a
con yiction OF that kind. though he had
Margaret Haggerty 10y the hand, and
also put his hand on her mouth and
told her to hush |! the jury, however,
was satisfied that the voice Miss lag
gerty recognized as that OF Sewell Star
kew, and that it was the same voice
that whispered "hush," then there
could be no doubt that he was the per-
sou who committed the felony, but the
Jury must be satisfied beyond reason
able doubt that Miss Haggerty wss not
mistaken in her recognition OF the
voice.
The Judge then reviewed the evil
dencs Of Mrs. Hannah Rigney in her
recop opnitian OF her husbands drawers
which she saw Gu Sewell Starkey. 1t
was necessary for the jury to be Tally
satisfied that Mrs. Rlgney could not be
mistaken in the waist band, tue
long stitches and the learl buttons by
which she recognized the drawers,
worn by her husband. To show that
Mrs. Rigney might have been mistaken,
was the fact that she stated that the
time in the night She was awakened 1t
was moonlight, whereas the almanac
and the testimony Of Miss liaggerty
shows that the moon had gone down
yersl houIs before and that ii was
dark.
The Judge then critically reviewed
the testimony IN references TO the neck
bow in which the jury should be fully
satisfied that the identical neck-bo
which Starkey wore on Sunday was the
property OF Lawrence J. Rigney. Perry
Ewing says he had quite a number o.
bows in his house, but the police Officer
Isays that there vas no other bow in the
house. Ii the jury was fully satisfied
that the bow given to Sergeant Whelar
was taken from Mr.. Rigney's house OF
that Sunday night, then there could BE-
no question that the prisoner at the bal
took it.
Judge Comegys then referred to the
alibi attempted to be proved by th'
prisoner. On this the testimony o
Timothy Tillman is very direct, but /
was proved that Timothy made differ
en-. statement to Sergeant Whelan. Not
withstanding this however it is not i'm
possible that Starkey could have beei
in Perry ESing's house that nigh
when the burglary was committed
The Jury must however be Satisfied tina
the prisoner beyond doubt is guilt,
in manner and form as he stands III
dicted. The balifT was then sworn ant
the Jury retired at 1888 A. NJ.