Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1885-09-17
CONVICTED AND sENrENoHD.


and to this he pleaded guilty. The second
charged him with presenting claim
against the government of the United
States with intent to defraud. To the
latter, the prisoner pleaded not guilty.
He lind no counsel and the court
suggested that this was case for volun-
teerB, case of need. Walter II. Hayes
and John X. Bradford, Esqs., who were
present, volunteered their services, and
were given permission to retire with the
prisoner TO u private room for consulta-
ton.
The indictment recites that the affidavit
under the first coun. falsely alleges that
the accused on the 25th of February, 1862,
enlisted in Go. d, Third regiment, Della
ware volunteers that at Fairfax Court
House, while participating in charge of
ehvalry he received sabre wound on the
head, was endorsed and trampled upon !;
that he also received gunshot wound
which resulted in the loss of two fingers
April It'll, 1884, before Squire M. W.Allen
at Seaford by Butcher'and Conway. The
injuries were alleged to have been re-
ceived on the 28th of July, 1862.
After consultation of about 10
minutes with the prisoner Mr.. Hayes ap-
peared and asked to withdraw the plea
of guilty to the first count and substi-
tute one of not guilty. Mr.. Hayes said
that ut the proper time he would ask for
u continuance of the second count. The
court granted the request and Clerk
Smith proceeded to draw the jury, which
is as follows:
Henry Stafford, Joshua Bennett, Ed
mund b. Frazer, Thomas ii. Dorman,
Anton Hauber, John II. Wiltbank, James
IL. Postles, Thomas O. Doud, Henry
Hickman, Robert Downs, James Scott and
Edmund d. Rogers,
The Jury was sworn, District Attorney
Patterson read the indictment TO the jury,
and then made his opening address. The
first witness called WINS M. W. Allen, a
Justice of the pence ut Seaford. He de-
clared that IN affidavit was made before
him on April It'll, 1884, by Richard
Butcher and Miles w. Conway, and
signed as witnesses by himself and
Frederick X. Brown; Windsor was
present at the time the affidavit was made
and signed.
Frederick X. Brown testified that he
had witnessed the signing of the affidavit,
but had not heard it read.
Richard Butcher was then called. He
testified TINT he made the affidavit, at the
instance of Windsor. The first time he
saw Windsor was at Camp Fisher in 1862;
saw him at Arlington Nights He served
from March till October, 1862. Windsor
was never in action to witness knowledge.
The witness denied in detail every allega-
ton made in the affidavit. He had me do
il to get q raise of pension. In cross
examination he said he did not
know that all these facts were stated in
the paper he signed. The prisoner told
me himself the day the deputy-marsbnl
had him that he was not wounded in the
army. He said he got his weak back from
services in the army, but he didn't say
he had been wounded ON the head in the
army. lie came to me SO many times
thnt believed him. / can't read nuch
1 thought was only giving him recon-
mendation.
Miles NJ. Conway, who was very deaf,
testified that he had signed the affidavit.
His evidence did not differ from that Of
Butcher.
John w. jenkins knew Windsor when
he enlisted and saw him when he came
back. His hands were perfectly sound
then, and he was a sound man so far rs
witness could see.
Henry Kitchens had known Windsor
for 30 years. He was in the hospital
when he was discharged from the army
in 1862. There was no conflict in which
he was cut with u saber or his fingers cut
away. He never was in fight in his life
nor i'll any skirmish. When he was in
the hospital lie was only ordinarily sick,
L., al khn xtitYaea Wif1tnuu
said that in 1888 Windsor offered
him by letter $500 to aid him in
obtaining a pension. Witness cannot
read. In discrimination he said his
corps part of the time was in the
division of General Grant in
Virginia in 1869; the corps was
Mt Harper's Ferry and at Petersburg ;
were ut the battle of Antietam and Peters
burg, and witness was wounded. Wit
ness is getting pension. Windsor mar
ried his wife's daughter; witness com-
pany commander was Captain Dry OF
Georgetown; the first sergeant was Ben
iamin II. Butler.
William f. Hearn testified that some
time during Christmas week soon after he
came home from the army, Windsor was
'tsporting around little" The witness
happened down to Delmar and found
Windsor lying in the road with n bleeding
wound ON the head. He was unconscious
and those about him thought he wa
dying.
Isaac W. Sermon was postmaster d
Laurel when Henry Kitchens received {
letter from Windsor, which witness reat
for him, in which Windsor said that III
could get pension of SO, 900, and offer
ing that if Kitchens would swear to
certain document he would give hin
$500.
Joseph II. Elkinton is United Statei
pension examiner, and was put ON thu
stand. He testified that Windsor hnt
applied for pension in 1865 on the scoT
OF an injury to his buck; the application
wns not granted. In 1879 ,he applies
again, and cited injuries on the head
back and hand, presenting evi
denco to that effect The appli
cation was granted, and from tina
time up 10 the present year he drew y
per month. In April last he applied TO
I'm increase of pension. The witnes
examined into the case, ms is th
custom of the pension department, an
found substantially tho facts alread
brought out in this case. lie too
the evidence TO Windsor an
asked him if he had anything in rebuttal
At first he quibbled, but finally made n
acknowledgment of the fraud.
At this point the jurymen not empanole
IL the case were discharged until
o'clock Wednesday morning, and cuui
took recess until 2 O'Clock.
The district attorney stated that Wint
sor Ind already received 81 ,333.33 frol
the government.
The Windsor case was resumed i'll IL
afternoon. The testimony for the pros
cutiun closed with that OF Pension n
nluihrr Elkinio,, and the defense calle
Hiram Haskell, who is said TO luge pc
suimtud Windsor On certain occasion
and received 5000 of the amount draw
from the government. Haskell was N
examined, however. An effort was mat
TO prove that Windsor was n man Of WEI
mind aud WAS made II tool of by desig
ing persons Tho most of tho nfternot
session was consumed by the arglmen
of counsel, nnd the court Adjourned
49, until Yesterday morning,
The United States district court I
assembled yesterday ut 10 O'Clock NJ
the cnsG of Isaac W. Windsor wns l
samed. Judge Wales delivered Ii
charge to the Jury, which occupied nbo
three minutes, and the jury retire
After elaboration of half an.hour tn
returned with II verdict of guilty, NJ
rcconin ended the prisoner to the mer
of the court.
The court then pronounced sentcnc
in accordance with the recommendatio
He stated that the penalty prescribed
the statute is q fine of $500 and imprisc
inent for three years. In conslderati
of the Jurors recommendation, howev'
bn innnsnl II fine of S2hO md impriHC