Smyrna times. [volume] (Smyrna, Del.) 1854-1987, 1883-10-31
The Trial of the Dover Rioters,

win 1ull bench and crowded house
The first case called was the State VS..
VIM. Tomlinson, Thomas c. Denney.
VIM. Honey, Charles Butler. Charles
NJ. Ferris, Edward 5. Ferris. Daniel
Tomlinson, Frank Pyle, VIM. Smith
and Edward Camac, indicted for riot
ing IN the streets of the town of Dover
on the night of April 21st last. and
with shooting Charles Henderson. and
other employees of O'Brien's circus.
Counsel for defendants, Messrs. Massey.
salisbury and WOlcott, moved for a
severance Of the cases of the defend
ants upon the ground Of sickness of
VIM. McCallum and his inability to be
present. After argument by Attorney
General Gray for the State, the Court
refused the motion. Counsel for the
defendants then made a motion for
continuance upon the same grounds
which after argument, the Attorney
General consented to go to trial with
out including McCallum.
y jury was then drawn. which. after
much challenging, was composed as
follows: Charles w. Wharton, John A.
Slaughter, John Nirden, Jehu Tharp.
Louis ScAabinger, George \. Redden.
James w. Emerson, John +. Colds
borough, Daniel Mitten, William II.
Watson, George Y. Jones, Henry f.
Moore.
a number of witnesses were called
on both sides, those for the defense
largely for the purpose of showing that
the first shots were fired by the show
man. The following is the evidence of
one of the managers of the circus:
Charles W. Henderson, live in
Georgia; | am engaged in the circus
business; | was in Dover on the night
OF April DIST last; ! started from the
show grounds to the depot about IL
O'Clock; ! had charge Of the show
property; | was with the first wagon :;
instructed the men to keep back and
only to come two or three with q
wagon; | apprehended trouble and
made this disposition thinking that
possibly | could allay it. 4 man bv
the name of Fox was with me; we
were walking by the side of the first
wagon. After turning the corner at
the post office, saw the crowd at the
Bayard House; when the wagon was
crossing the intersection Of the two
streets. brick was thrown by Il negro ::
| hollered to the driver to 90 ahead ::
just then the crowd frustrated the
horses and they stopped; then a pistol
was fired at the driver; ] then put nv
left hand above my head with an UNI
brella i'll it. | was shot in the hand
and | then appealed to them, For
Gods sake, gentlemen, don't shoot !!
hold on Then | was shot from the
door OF the hotel, striking me in the
face and eye | was in the Southern
army a man stepped out from
behind a tree and shot me in the mouth
knocking out my teeth and filling nv
tongue with shot; | fell in the street
and lay there for some time; | have
two bullets in my head now, Just above
my eye. My eye was removed by a
physician in Philadelphia. After a
time | dragged myself to the pavement.
when two of my men came along: we
were trying to get to the Richardson
House. My impre, sion is that the shot
that 'Cent through my hdt-and fftv of
the shot rere picked ont Of my head after
rdrd IN PhIddelphid-,Cds fired from a
,rindo'r in the third story of the Bayard
House.
Cross examined: l suppose there
were 10 men on the grounds: | was
with the canvass wagon; NV orders
were for all the wagons to move togeth-
er, but L heard afterwards that three
wagons were left on the lot; the driver
OF the wagon had his eyes shot out
Fox and | were the only Others with it !:
at the time of the shooting there were
four ladies in the crowd; they were
actors; the crowd was in front of the
Bayard House in the street. I never
moved out of my tracks after the missile
was thrown until | was shot twice
they hOllered, "Give it to them, !" when
the missile was thrown and the firing
began was facing the corner to the
Hayard House when l was shot; the
man that shot me in the eye was stand
ing at the Bayard House corner door:
| could pick the man out in this Court
House that shot me; he is a tail man.
about feet IL inches high, about 80
years old, and weighs about 100 or 10
pounds; he had red side whiskers and
mustache; it was about 11,20 P. NJ,
and bright moonlight night; he was
shot in the hand, side of the face, ball
In the eye, shot in the left side with gun
shot, right side with a ball; l had
$4,000 in the show, and l instructed
the men to not make any trouble-if
they were fought, not fight back; we
had ordinary able-bodied men: as far
as l know there were not more than
two or three pistols among the circus
men; L never carry pistol. After
wandering Ground for sometime, was
helped 70 the depot by two of my men
that came along.
From his description he must have
gone through Cahoon's into Minor
street thence to Governors avenue,
thence to Division street, while going
along which they were ahOt at again bv
person who hailed them from house
and shot when they said they were
shoWmen; they went on to the railroad
and into the cars. Henderson was
blind and had to be led.
The following two testimonies will
show the line of evidence of the de-
fence:
VIM. F. p. Lofland-I was at my sta
bles on North Street, near the show
grounds; l was in my office when the
last wagons left the ground, and fol-
lowed them out as far as State street
there were from so to 40 men with the
two wagons the men had pistols and
sticks in their hands, and in this man.
ner they moved off toward LOCKER
man street; one man remarked, "boys,
keep together" at Burton's corner
some one called "halt," and the
wagons stopped; they moved on, and
| heard nothing more except the firing
down thestr the shooting appeared
to be from the wagons and sidewalk;
| was 200 yards from the shooting.
Cross examined: Saw not less than
20 pistols ia the crowd; they were the
last two wagons, the ones l saw.
Willis Nowell-I was standing at
Collisions store at 20 minutes after IL
o'clock saw a crowd of showmen
going towards the depot with the wag-
Ons the men had something in their
hands and on their shoulders; Just
after passing me the head man hollered,
"Hey Rubew This passed down the
line and they punched up together;