Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1885-04-02
LOCAL AND PENINSULAR
a WO YK1AN wRO SEsMS TO MAZE
BsD LUOK.
Probability That she rraHu tosSeys
Eay Escape COnsietton-Ehe E1om.
ictde IT. ial.

Probability That she rraIu H0hSeSs q
may Escape Consfetion-Ehe E1om-
ictde tt inI.
Special Correspondence OF aazelte and journal.
ELKToN, March 25 This morning In
court In the train robbery case Albert
Constable, Esq., made strong Argument
for the defendants and was followed by
Alexander Evans, r g., counsel of the
| p, W. Il B, railroad, who assisted States
Attorney Braiton in the prosecution. The
| lawyers for the defense asked for the
acquittal Of Griffith on the ground that
he was not implicated in the robbery, and
gave his weak mindedness 90 reAeon
for certain actions which tended to make
hiH seem an sooomplioe. They asked
| Traiuor's aoquittal on technical grounds.
| Firstly, That 1t had not been proven that
| the offsnse vas committed In Maryland,
and secondly, that II the jury believed
that Trsinor robbed the passengers merely
to prove his bravery and mot for the
spoils, that they must acquit beoause the
purpose to use the things taken, had to
be shown in order to make ont the crime
Of robbery. he admitted that under
another indictment he might be convicted
of assault. The jury retired about l1.30
q. M, and soon returned informing the
court that there had been some dispute
among themselvet as TO what q certain
witness had testified and asked to have
them recalled.
Edward Tarring, the brakeman, vas
recalled. He said that ths train wRs In
Maryland when the robbery occurred,
although he had to admit that he did not
know exactly where the Maryland and
Pennsylvanis state line Is.
The Jury again retired, and informed
the court at 9 O'Clock TO night that they
had mot agresd on verdict.
The indictment against George Parker,
one legged tramp charged with the
firing Of q warehouse connected with the
qusshed. The prisoner was remsnded TO
Jail to await the action Of the grand jury
Of the September term OF court.
Richard 2utter, oolored, charged with
misappropriAsion (not stealing) Of
horse and buggy belonging to William
Hayes Of Chesapeake City, was convicted
and sentenced TO four months In Jail.
Phillis Ivory, young colored woman,
was arraiRned for the murder Of Emeline
Davis, oolorsd, by shooting her In the
head with q revolver. She pleaded not
guilty. There was considerable difficulty
In getting jury. The defense chsl-
lenged 16 tslesmen and the state one.
One had conscientious soruples In regard
to capital punishment and one had
formed an opinion. The Jury secured is
as follows /: William Il. Reed, Henry J.
Briscoe, Edward Russell, Samuel B. Gill
lespie, Frank Sutsr, George T. King,
Robert Scott, Benjamin Founders,
Michael Hartnet snd Samuel Il. Miller.
State Attorney Daniel Bratton and ex-
State Attorney Charles C.Crothers appear
for the state and William 7. Warburton
and Albert Constable, Esqs., for the
prisoner.
BIKToN, March 26.-The jury in the
train robbery case came In With yer.
dict at IL q. IN. They convicted William
Trainor on both indictments, and 40
quilted Leon Griffith, Che alleged fseble-
minded one), on both indictments.
E1KroN, March 26.-In court this
morning a Jury declared Nettie Crhddock,
q white woman, sged 40 years, to be Of
unsound mind and without means.
States. Attorney Bratton made the
opening statement for the state in the
trial OF Phyllis Ivory, oolored, for the
murder Of Emalins Davis, colored, by
shooting her in the back OF the head.
| He said that the state expected to make
| out case OF murder in the first degree.
Henry Hill, bright.looklng oolored
boy, apparently about six years of age,
was the first witness called, the court
having examined him and found him
competent witness. He said he lived At
North RAst at the time Of the killing.
with his mother; Phyllis Ivory, Webster
Ham, James Holland and EmAline Davis,
lived in the same house; he and Emsline
slept together, and Webster Ham and
Phyllis Ivory together, all in the same
room; Holland slept down stairs; on the
day Of the killing, before dinner, Ema-
line was combing her hair; his mother
got the revolver down off of the mRntel-
piece, and IL went off and shot Bmaline
in the back Of the head; his mother told
him that her hand had slipped and made
the trigger 60 down; he was the only one
present besides the two women; his
mosher said, after the shooting, that II
he told she would cut the blood out OF
him; the two we're not talking or quarrel
ing at the time; they had fought at times
before, both with fats and clubs, and
once his mother had stuck fork In
/. EmRline; the quarrelipg was over Web
ster Ham; his mother had fired on the
revolver out OF doors thst day before the
shooting; the two women had quarreled
the day before; his mother told EtiSA
Chambers she did not do 1t on purpose.
DR.. Worrall, q practising physician oil
North East, testified that he was called TO
l III Il. Ia q
who, the messenger said, had shot her
self. When he arrived she was dead
The ball had entered the head an inch
and a-half behind the right ear. 1t was
about 10 O'Clock on the morning OF the
18Th Of December, 1884 that he was called
In.
James Holland said ne made his home
at Webster Hams house. He did mot
think Webster Ham was married to
either Of the women. The wemen had 4
slight quarrel two days before the shoot
ing. They were afterwards friendly.
James Davis, an oil oolored man, said
that Emsline was his daughter, aud vac
% years old when Rhe Was killed. Did
not know why she had left hia house, IS
he had always treated her well, but sup
posed she wEs persuaded away. Hsd
seen hGr aimee WIN hhh'
8 Luc, Burton, colored, did not th!nh
4 either woman WAS Webster Hams wife
0 About three years before some ool0red
0 women, Bmaline Davis smUDR them, hac
: set on Phyllis Ivory and badly handled
her. Phyllis then said 'she would xii
the lady II it was 20 years TO come. Sh,
would shoot her In the head and kill be
so dead she could not tell" The psrtie
y were friendly afterwards. The witnes
and the prisoner we're not on speaking
" terms.
s Wesley Anderson, coloTed had seen th
l. quarrel bt tween the women.
Phyllis Ivory, the defendant, iestide
that on the morning of the shootin
Ia Rmaline went TO the shelf and got the re
Is volver with the intention OF going int
d the yard to shoot at mark. She toll
OF her 10 put 1t up as abe had = headkohs
and Rmaiine handed II to her with III
a. barrel roinsins toward Bmaline, who va
"a standing sideways. 1t was ACCIDENTAL
h disoh arged. She did not tell a reporte
" In the Jail that Emaline had fred the r,
\ volver twice In the yard that day, befol
the shooting. She ssid her little bo
az would tell stories, and oontrRdicted hil
N in several particulars. She admitte
~ sticking Bmaliue with the fork In Il
n face, but described the circumstances an
"a said 1t was accidental. The boy, she sail
n Is about nine years old.
T. 8. Williams, former employer
of Phyllis, testified TO her being quiet ar
A. peaceful darkey, IS did also Philip Clai
he and other white persons.