The daily gazette., 1883-10-31
THE DOVERiRTOT TRIAL.
TWO OF The RIOTERS CON-
vICTEp.
ONE OF THEM MAKES HIS ESCAPE
A Verdict That Meets with the General
Approval of tine Oommunity--SentsRoe
Deferred.

At Dover yesterday afternoon arguments
on both sides Ia the riot trials were finished
and Chief Justice Comegys charged the
jury. He gaid that unless parties who were
disposed to create riots and tumults in
Dover were brought to punishment the town
would have but little protection In the
future. Riot was very great crime, and
when three or more persons undertook to
perform such unlawful acts mob law would
reign and the safety OF the community be in
peril, Therefore 1t was important that every
riotef should be punished. Persons who
would not wait for the law to take itE
course, but took such matters In their own
hands, must abide by the consequences.
Any community is In more danger from riot
than from murder itself, because the latter
crime affects only single individuals. A
jury should never hesitate to convict in such
a case where the evidence will warrant It,
Three offences punishable as misdemeanors
were riot, rout and unlawful assemblies.
All people have o right TO gather together
peaceably, but not In q violent and turbu-
lent manner. In order to create riot It is
necessary that three or more persons should
nett together; next, that they should have
the intention of committing some unlawful
act, and lastly that the act should actually
be committed. Riot was defined and ex-
planned. In the present instance the
act of the man who shot Hender-
son 10 to be taken as the act of
all those engaged In the affair. The
fact OF riot In Dover In April last has been
proved. The testimony of several witnesses
was then reviewed. The court stated that
the testimony OF N. B. 6mithers, Jr., who
had seen the crowd grow more excited as
the wagons approached, was important, be-
cause that was an evidence OF precoEcert of
action. Counsel had attempted to show
that 1t was sudden affray and the shooting
by the defendants was In selt-defense, where.
upon an affray 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 "We'll give them
hell with bricks" was evidence of a
preconcert of action and determination to
do something unlawful, as was likewise the
expression used by Denney when he offered
State be believed, then q riot has been
proved. In speaking of the law of self
defense the Chief Justice said that the party
assailed should get out of the way If he
could conveniently do SO. The jury should
look Into the question as to whether or not
the man who shot Henderson was In any
danger ut all of being killed by him. 1t
was no excuse for the defendants that the
showmen fred first or that they used threat
ening expressions. Those gathered on the
Bayard House corner armed with guns and
bats had no business there, aud self-defense
will not apply. 1t cannot oe considered in
any oth.r light tnan as an act of aggression
on the part of those collected on the corner.
No proof has been offered of Hender-
son being in concert with the showmen who
did the firing. 1t is very singular that no
one 10 the Dover crowd was injured. The
task of "cleaning out" the Dover boys and
giving them h, etc., was In very unskilled
hands. Two men were shown to have had
guns arc one to throw bricks. If the testi-
mony offered by the State be believed then
at least Denney and Smith can be found
guilty. The importance of Furnishing the
rioters was strongly urged, the court stating
that with good police force aud verdict
of guilty the State may have no feal of
more disturbances of this nature. If the
minds of the jury empaneled in this case be
free from reasonable doubts then verdict
of guilty should be found against the
parties.
The Jury retired Immediately after the
charge, and remained out until 6 o'clock In
the evening, when they returned with ver-
dict OF "guilty" as to Thomas G. Denny
and William G. Smith, and "not guilty" as
to William Honey, Charles Butler, Charles
Ferris, Edward Ferris, Daniel Tomlinson,
Frank Pyle, Edward Cammack, the other
defendants. Denny has not been present
during the trial, as he fled from the town
when the first proceedings were instituted.
Smith will probably be sentenced to-day.
The verdict meets with general approval.