The daily gazette., 1879-11-21
COURT PROCEEDINGS.
TIE BALANCE OF YESTERDAYS
DOINGS.

iHE Anu u MENT In The CASE OF sEW-
ELL sTAkKEY, BUT THE CONCLUSION
NOT YET REACHED-PHILLIP DOL
LARD, THE SHOE ROBBER, TO BE DIS
CHARGED.
Especially reported for the GAzErrE)
NEW CASTLE, Nov. 20.-When the
GAzET1E's court report closed yesterday
the case of State VS.. Sewell Starkey was
under way. The subsequent proceedings
are as follows:
Sophia Lewes, col, sworn.--I live near
Mr.. Rigney's house OH the Tuesday fol-
lowing the theft Mrs. Rigney told me
she did not know who robbed her house,
but that the things were not far from
there.
Perry Ewing, recalled,-I believe the
necktie in evidence is mlne; cannot
swear positively.
Recess to.3 o'clock.
AFTERNOON SESSION.
Court reassembled at 3 O'Clock.
III. X. Pennington, L O., informed the
court that Philip Dollaid, convicted at
the November term, 1878, of breaking
into Il. McCollough's shoe factory, had
served out his term of Imprisonment,
and would be unable to pay the fine i'm
posed; as the prisoners health was fail
ing he asked for his discharge. The
court ordered that he be discharged on
the 10Th inst.
State VS.. SeweIl Starkey, resumed.
Alfred Collins sworn.-I am Herald
reporter; l have been engaged in the
notion business; (necktie exnIbited)
have some 10000 neckties exactly like
that in our establishment.
QuestiOn-If that were placed among
many others could you select it fr, m the
lot
Tae question was objected 10, and, at
the courts suggestion, modified to refer
S mply to worn and neckties collectively.
Witness a:is1 cred that # it were placed
among new ones he could recognize it.
Serg ant VIII Ian recalled-I searched
all drawers in the bouse, and found no
other u $ except the black one in evil
d''nce and long white tie; Timothy
1illman told me day or two after the
arrest of Starkey that Starkey came in
AT 2 O'Clock, the morning of the robbery.
Attorney General Gray in opening the
argument for the State, alluded at some
length to the serious nature of the crime.
One thing essential in lawabiding
n~ighborhood is that man may be pro-
tected aud feel that he is safe in his own
house at night, when wrapped in sleep.
All got d citizens will make an effort to
see that the laws of this State are vindi-
Gated and more firmly in this case than
in many others. The ofiense in this case
is proved by cham of circumstantial
evidence, and if the circumstances shall
be such as, when taken aud considered
| together, to lead to the be.sae that the
| prisoner omm.tted the act, laen all has
been proved that was desired. Consid-
ering the case, las much evidence as could
be expected has been adduced against
him; men who do such deeds are crafty
and they cover up their tracks carefully.
Therefore, were il not for cilcunstantial
evidence the people would be at the mer-
cy Of ingenious rogues who could fairly
cover up their tracks.
Notwithstanding the popular preju-
dice against circumstantial evidence, 1t
is often the strongest that can be brought
before the human mind. One man may
swear to a statement and lie, but when o
plumber of witnesses swear to circum-
| stauces all tending to confirm certain
| thing with such force as to carry convlc-
| tien with 1t, they cannot he disbelieved
| IL is so in this case. The girl, Margaret
W
| n zed his voice as he stood by her bed
side Mrs. Rigney swears she recognized
the drawers of her husband npon the
| inau two days after the robbery and
enext day after this the neck tie stolen
rom Mr.. Rigney Is found In the priso
nei's boarding house. II property was
s ,mewhere else, how could these things
be ? The facts exclude even the shadow
| of u doubt. In the case the charge OF
attempted rape was only abandoned ow.
ing to a legal technicalty, and who
knows what his idea was until frighten.
| ed by Margaret Haggerty's cries Mr..
| Gray went on at some length, stating
| that IT, would 1t be easy for the
negro who proved the abb to be mis-
taken, the story he told about Starkey's
| home coming to Sergeant Whelau and
the one he told the court di ffered sew
| eral hours. One witness had said there
were "dozens" of neck tics in Perry Ew.
ing's house but the police only found two
tile one in evidence and white one.
This entitled their evidence to disbelief.
Mr.. Booth now closed for the defense.
The character of the proof adduced in
| defense of the prisoner, certainly would
warrant jury in bringing in a verdict
of "nOt guilty" He declared that In his
remarks he would accuse no one of ly-
| ing the witnes, es on all risks certainly
| told the truth. While he would consider
them reliable, he would draw far dif-
| ferent conclusion from their testimony
| He admitted that circumstantial evld n, Z
| in many cases was good, but in this on,
| it was rope of sand in his estimation.
| The question naturally arose, how could
the girl Margaret HaRgerty recogniza
| The voice of the man In the room, when
| he spoke in a low tone, whisper She
said she recognized 1t, but she )uld not
| have done so, and was mistaken.
| The strongest proof in the case against
| the prisoner is the finding of the neck
tie, and yet the man and woman of the
house where he boarded said they had
| several d zeUs of the same kin there. 1t
| is not unlikely that the band on the ne
| gro's drawers resembled that on those of
Law renee Rigney, but Is probable that
| his wife was mistaken. 1t is not likely
that St,rkey would have gone into the
| store so soon after committing the rob
berry, he would have avoided it. The
ev drnce of sophia Lewis shows M rs.
Rigney TO be "A hasty woman, who jump
| ed at conclusions. Starkey showed no
evidence of guilt when arrested and
came quietly with the offic RS. Tne law
| yer now alluded to the neck tie, saving
that it would be impossible to idsntif,
| it among others that had be, n worn.
| The create, evidence OF the prisoners
| Innocence Q that he has been proved by
| positiUe, not circumstantial evidence to
| have been else where. The whole secret
is that Mrs. Rigney is hasty woman
| and jumped at conc uslons. Even ii the
| prisoner should be gu lty IL does not
/ n gl. h.,