Daily Republican., 1879-11-21
OUR COUNTY COURT.
of the Casa OF tue
State W, a~Wetl Stsrkey Charged
with Burglary with lntenr "a
Commit Larceny.
Specially reported for the Republican.
NOVEMBER Goth, 1879.

Commit Larceny.
specia ally reported for the Republican.
NOVEMBER Goth, 1879.
Timothy Tillman, COL, sworn - !
cav Sswell on the night before he was
arrested he was standing alta hotel near
the bridge in Brandywine village, he
was very drunk and he stopped me and
asked me to lend him some money to
get drunk, it was few minutes after
II O'Clock, and | told him had no
money; | went on hons and took dose
of medicine, when heard the City Hall
clock strike II o'clock; Sswell came
home about half an hour later and was
very drunk, he came up stairs and lay
ed down on the floor, | had to wake
him up; my house is about = or 3 miles
from the store Of Mr.. Lawrence Rigney.
| then went on homo aud went to
my room and waited for him to come;
this was after midnight; he came in
and laid down outside the room door,
and he laid there until about sunrise
on Sunday: he staid knocking around
the house on Sunday; on Tuesday he
went to Mr.. Crossan's to bind oats,
did not sleep much that night; Sewell
was there all morning; do not recollect
telling Sergeant Whelan that | did not
see Starkey until 2 o'clock in the morn
ing when went down and let him in.
John j. Gallagher, sworn Am d
druggist at 18th and Market streets ;
know Timothy Tillman, though did not
know his name; hs was frequently at
my store, , No. 6 is tincture OF medi-
cine commonly known as Thomsoniau
hot drops they won't intoxicate.
Rachel A. Ewing, sworn Have
known Sewell Starkey several years
came to Wilmington some three year,
ago; came from between Mlddletowr
and Warwick Starkey came frou
Queen Anne's county, Md. he staid a
our houss sometimes told Sergeant
Whelan that the bow Sewell wore OIL
Sunday was a black one, something
like the one gave him ; Sewell was a
our house on Saturday he then had or
overalls; he had the same blue oVerall'
on Sunday; he Btaid at our house
on Sunday night and on Monday and
Tuesday; never saw him have on a pail
of white drawers | washed for him
he WAS arrested on Thursday Sewel
was back and forward at our house ht
was not there last winter nor spring
you know addressing the Attorney
General, that he was over here uuti
spring.
Alfred Collins, sworn Have beef
engaged in the notion business, wher'
neckties, crsvats and such notions arr
sold: have seen thousands OF them sold
have seen as high as 10000 of one kinc
sold in o bunch would not know on'
from another Of the same kind If al
were new.
Sergeant Whelan recalled Search
ed the house all through saw nothing
like that neck bow in the house excep
the one shown found it in e. bureau
drawer; saw nothing else in that lin
but the bow in evidence.
Attorney General Gray then argued
the case on the part of the State. Ill
did not prosecute the case only on tn
presumption that he is guilty. 1t wa
his duty to present the case to the jury
Til. sacredness of mans house in tn
still hours of night should be protected
Burglary under the common law il
ENGLAND and in this country until re-
Gently was punishable with death. On
of the chief purposes of law is that
man can lay down and feel re2Eonabl.
safe. While the negro at the bar is en
titled to all the benefits and privilege
to which the highest is entitled, the hei
nousness OF the crime appeals to tn
Jury for the protection of men in sue
cases AZ this. 1t Is true that the evi
dsnce is in the main circumstantiaI
Criminals like this never have an
witnesses with them, and if we ha
to depend upon direct evidence
for the conviction Of such person
society might protected. Mr. Ora
then ably showed that circumstar
tial Evidence was the strongest kind
evidence. He illustrated it by SHOWN
that man may be shot down bat non
ever saw thu hail as it sped on its eI
rand of death. The man fell dead br
can there bp any direct evidence TIA
the man fell dead by a bullet from
gun.
So in a case of homicide, whore evf
there may be stains of blood and tracks
but still there were facts in the cas-
which never can b5 fully explained
Applying these principles in the cas-
under consideration Mr.. Gray ran owe
the evidence to show that all th
weight Of evidence pointed to the pri:
ouar at the bar as the guilty person
The Grand Jury reported a rumbe
of bills at 4 O'Clock and MIR. Gray stop
ped his address until they reported
The Graed inquest was then discharge
until Friday morning at 10 O'Clock.
Mr.. Gray after having spoksn fort
minutes closed, when Mr.. J. X. Boot
COUNSEL for the prisoner at the bar 40
dressed the jury.
Mr.. Booth said there was no questio
! between himself and the learned cour
, sci Oh the other SIDE as q question
law, but he should argue the queslio
from different conclusions. He had
. doubt that he was honest in his cor
yictions. Knowing the man as we'll
he did he did not think he would us
his high official station in any cans
unless he was well convinced it wa
right, but he thought that his zeal
this case had carried him little tt
,, far. lie (Booth) stood in peeulli
position in regard to the case. He wa
, not the paid advocate Of the prisoner
the bar. He stood up to defend Ill
without fec or reward and he was in
. position to act ilnpartiatiy in this cas-
M. ltt,r,np {, I,.parul had fullV "a