Morning journal and courier., 1885-02-07
THE COURT RECORD.
superior Court-Criminal Side-Judge
Beardsley.

The evidence for the State in the Whipper
murder trial was all put in yesterday with
the exception of few words from Medical
Examiner White and Coroner Bollman which
will be heard next Tuesday The evidence
adduced yesterday was chiefly in regard to
the finding of the axe and lantern of Eldridge
johnson in the waters of the trout brook and
pond of North Madison and Whipper's re-
marks to his neighbors about them.
The first witness was Hugh j. Wallace OF
Essex, who testified to Whipper's asking him
if he did not see him and woman
on the day before the murder. Witness
replied that he had seen the woman, but not
Whipper
Elk Deputy Sheriff Hart, of Madison, next
testified that he searched the pond for john
sons axe last June. The gates of the dam
were opened and after the water had run out
the witness with his son Fred and William
Davis made the search. The axe was found
June 25 lying in the water eighteen feet from
thu east bank and fourteen feet from the
western side. The witness then told how
the weapon was identified by the brother of
the murdered man and taken to State Attor-
ney Doolittle, who ordered it delivered to
Professor White, which witness did. 1t was
about twenty FIVE rods in straight line from
Whipper's pit to where the axe was found.
Eldridge Johnson's axe was produced and
identified by witness as the one found by him
in the ponds.
On the cross-examination Mr.. Hart said
that the only change in it was that the upper
portion of the handle had been sawed off.
The blade was covered with rust, showing
that it had been in the water for some little
time, and portion of the handle showed
abrasions where it had evidently been chaffed
by the rock against which it was resting when
found.
Fred Hart, son of the previous witness,
and William H. Davis, of Guilford, testified
in confederation of the evidence given by ex-
Sheriff Hart concerning the finding of the
axe. Davis found the weapon, and after
pointing it out to Fred took it out of the
water and gave it to Mr.. Hart. Davis fur
ther testified that shortly after the homicide
he met Whipper, who expressed the. fear that
he would be arrested. He had heard that Davis
had found the axe, but would not believe it
until he had heard him say that it was true.
When told that such was the case Whipper
said: "Well, now you have got to find the
man who put it there"
Before leaving the house the accused was
allowed to hold a private conversation with
the witness. AS soon as Hart had retired
Whipper asked him What he would do if
placed in his (Whipper's) place. Witness
told him the best thing to do was to keep
his mouth shut and say nothing more. The
accused also suggested something about try
ing to get away, but was advised not to.
Whipper at this time said he was afraid
there were three persons in Madison who
might swear against him.
The next witness was Fowler A. Goodrich,
of 255 Atwater street, this city. This wit
ness testified to finding lantern afterwards
identified Eldridge Johnson's) on May Is
while fishing in the stream at North Madi
son. The lantern was lying on its side ten
feet from the water. The witness gave it to
Mr.. Redfeld
Edgar johnson was recalled and identified
the axe found in the pond by VIM. Davis as
the one used by his brother Eldridge.
S. G. Red6eld, of Killingworth, identified
the johnson lantern as the one given him Ivy
Mr.. Goodyear after his return from the fish
ing trip.
Horace A. Hill testified that on the Mon
day after the body was found, in a converse
ton with Whipper, the latter said that he sup
posed people thought that he had killed
johnson, but if they did think SO no
knew anything about it but himself and
God.
Richard Hotchkiss testified that sometime
after the murder Whipper came to his house
between 10 and O'Clock at night and got
him out of bed. He wanted the witness or
one of his sons to take him to Wallingford.
Whipper wanted to go there to engage Law
yer Hubbard. The witness asked what the
new trouble was, and Whipper replied:
Haven't you heard that they have found the
lantern, and that they going to drag the
pond for the axe and it is getting red hot up
at the old farm?" Witness persuaded Whip
per not to go. Mr.. Hotchkiss said that he
had acted as a friend towards the accused
and they had a number of conversations
about the affair. The witness reluctantly
said that Whipper told him that he knew
Bollman was after him and that he would
like to set away. Witness told him that
could be done easily and SO told him a route
to take.
''Give us the route,' said Mr.. Doo1ittle.
Witness said he advised Whipper to take
the Washington express at midnight, which
would land him in Philadelphia at z o'clock.
Then continue on to Winchester, Va, across
the Shenandoah Valley and over the Blue
Ridge. When over there he would be per-
fectly safe from being caught.
After recess of about three-quarters of
an hour, George Fl. Goodale, of Killing
worth, testified that Whipper had told him
that he did not believe the axe was put in the
pond as it was all frozen over the night of
the murder.
George L. GLADDEN. and William r. Hotch-
kiss also testified.
City Court - Criminal Side - Judge
DemtnS.
February 6.-Benjamin A. Miller, gaming,
to Feb. 9; James B. Beers, keeping gaming
house, to Feb. 9; John G. Haw, Michael
Gafing and Harry Dupanl, theft from Pat
rick Mcdonald, to Feb. IS; John Kelley, as
sault and battery ON Margaret Kelley, $25
fine, So. SIS costs and 80 days; Arthur Don
nelley, assault on Moses Strobeen discharged;
nolle; Michael Mcmahon, violation of
liquor law. to February Z; Daniel
Mcmahon, violation of liquor law, 70
Feb. 8: John Cashion, violation of license
law, nolled on payment of 81 80; James Per
kins and James McDavitt, theft and conspir-
acy, to Feb. 8; James M Symington, enbez-
Element, bound over to the April term of the
Superior court; Frank w. Stratton, non-snp
port of wife, to Feb 26; Charles F. Andrews,
Benjamin A. Otel, Henry Davis, Rockwell
Lindsey, Charles Fl. Perkins and Owen
gaming, to Feb. 8.
Court Notes.
Yesterday morning notice was given in
the Superior court that an appeal would be
taken from the decision of Judge Andrews,
who awarded the plaintiff 1916 damages and
costs in the case of Foskett & Bishop VS.. P.
R. CARL.
The divorce suit of Cox vs.. Cox, which was
decided favorably by Judge Andrews last
Wednesday for the defendant, has been re-
opened at the request of Lawyer Wright,
for Mrs. Cox, the plaintiff, and a
hearing will be given next Wednesday morn
ing at $50 O'Clock.
The case in which Ellen Bohan, admins
'ratrix, sought to have Robert Peck reconvey
20 her real estate worth about 81, 500 on the |
ground that the deed by which he held the |
title was merely trust deed has been de- |
,ided in favor of the defendant Mr. Peck
retains the property and RECEIVERS costs from
ihe plaintiff.
James Al. Symington. the embezzling ex-
treasurer of the Cigarmakers' union, was |
pound over in the Superior court yesterday |
morning for trial at the April term of that |
court. By the advice of his counsel he agreed |
% plead guilty. In default of bonds he went |
% Jail.
NAVIGATION.
Tho Ice Hin the Harbor.
TIE xoasfirc vessels ara HAVING a no ri GAO