Daily Republican., 1883-10-31
TWO RIOTERS CONVICTED.
Denneyana smiehConvscsea IN he
DOvNP RlOt TRIAL.

D Denneysna smashC hCenvsctsa IN Z
III Dover Riot TrIsl.
The trial I the Dover circus riotel
which has been In prOgrrsS for mo
!. than , week WAS brought 70 close
/ Tuesday, when Hon. Ell Salisbury .,
: dressed the jury In behalf of the defen
.. ants. He spoke for about an hour an
was followed by General Ora
who made the closing argument for Il
State. After he had spoke for abo,
two hours, Chief Justice Cumegys d
livered the charge to the jury. Aft,
acknowledging the strict diligence ,
ths jury IN watching the proceeding
and cotDplimenting the counsel on bot
sides for the manner In which they ha,
conducted the case, he said that unles
parties who were disposed to create riot
and tumults In Dover were brought
punishment, the town would have bu
little protection In the future.
He spoke of riot being a great crime
and unless every riOter WAS punishe
mob law would rsign and the safety o
o community be in peril. He furthe
stated that persons who would not wal
for the law to take its course, but tool
such matters in their own han Dis, us
abide by the cOns-q qucnces.
Any community Is In more DANCE
from riot than from murder itself, be
cause the latter crime affects only
single ind viduals. A jury should
never hesitate 10 convict in such case
where the evidence will warrant 1t
rua nf}.pCau ,,uniuha hla n, ,n;,l.,
meanOrs were riot, rOut and unlawful
Assem- blies. All people have right t.
gather together psaceably, but not in 4
violent and turbulent manner. Ir
order to create riot II Is necessary
hat three or more persons Should mee1
together next, that they should hav.
the intention of committing some un
lawful act, and lastly that the &C,
should actually bs committed. Riot
WAS defined and explained
In the present instance the act OF the
man who shot Henderson is to be- take II
~ the act Of all those engaged in the
affair. The fact of the riot in Dover IN
April last has been proved. The testi-
mony Of several witnesses was then re-
viewed. The court stated that the tes,i-
mony N. Is. Smithers, Jr., who had
seen the crowd grow more excited ~
the wagons approached, was important,
because that wxs an evidence of pre-
concert of action Counsel had attempt
ed to show that 1t was q sudden affray
and the shooting by the defendants WAS
in self.defense, whereupon an ARRAY
was defined and the law Of self.defense
explained. A peaceful assembly may
soon become An unlawful one, and such
WAS the case in this instance.
The expression of " w III give them
hell with bricks" was evidence of "A
a preconchrt of action and deterlnna-
ton to do something unlawful, as was
likewise the expression used by - H.
ney when he offered to lead the crowd.
I the testimony of the State be- believ-
ID, then a riot has been proven. In
speaking of the law OF self-defense the
ChicfJuslice said that the party assail-
ID should get away If he could convent
entity do so. The jury should look i'll
% the question AS 10 whether or not the
nan VINO shot Henderson was in any
LANCER at all Of being killed by him.
q WAS no excuse for the DEFENDANTS
hat the showmen fired first or that
hey used threatening EXPIRE sslOns. Those
gathered on the Bayard House corner
Irmed with guns and bats had no
BUSINESS there, and self defense will |
lot apply.
1t cannot be considered in any other
light than as an act of aggression on
he part of those collected on the corner.
10 proof has been offered Of Hender-
on being in concert with the showmen
vho did the firing 1t is very singular
hat no one in the Dover crowd was
injured. The task of "c!earing out
he Dover boys and giving them -,
tc, was in very un' killed hands. Two
zen were shown to have had guns and
ne TO throw bricks. If the testimony
tfered by the STATE be believed then at
.ast Denney and Smith can be found
uilty. The importance of publishing
no rioters was strongly urged, the
curt sta ing that with Il good police
'rce and verdict of guilty the State
lay have no fear of more disturbances
this nature.
VERDICT OF THE JURY.
<h'"A thV Shiui " uSLiCc udu COuCluucu |
Is charge the jury retired for delibera-
on, where they remained until about
o'clock, while the excitement upon
le outside, among the expectant citi-
'ns, ran high. When the jury filed in
IL court rom the place was crowded.
pom being poled they were asked if
'ey had agreed upon verdict, when
affirmative reply was given.
The Court then said : How find
'n - when the reply came Gull
in manner and form indicted rs to I
homas q. Denney and William Smith, {
'lored and not guilty rs TO the others.
The verdict caused considerable sur {
'iso and a few persons were greatly 9
cited. Sentence was not imposed
Jon Smith, who was the only one pre-. t
nj, ol the two convicted, during the I
la, Denney having lett town just
ter the riot and has not been heard OF
nee. Those indicted ut the opening OF
. trial were: Thomas g. Denney, {
'illiam Smith, William Honey, Chas.
ltler, Charles Ferris, Edward Ferris,
a"ioI Tonlirson, Frank Pyle, Ed.
ARD CamuIac. 4