Evening journal., 1891-11-14
THESE ARE HANGING MATTERS.
A Person Who Commits Murder, Arson,
Rape. Treason, or burglary. with Intent
to Commit Rape or Murder, Must Die.

A Person who Commits Murder, Arson,
Rape Treason, or Burglary. with Intent
to Commit Rape or Murder. Must Die.
Under the statutes OF the State OF
Delaware person who commits pre-.
meditated murder, arson, rape, treason
or burglary with intent to commit rape
or murder, must. If convicted, be
hanged
Perhaps the oldest inhabitant In Della
ware cannot remember the time when
any person was arrnigned before the
Judges Of the Court Of Oyer and Terml-
uer under the charge covered by chapter
cxAvi Of the Revised Code, which says
that every person who shall commit
treagon against the state, shall be deemed
guilty Of felony, and shall suff3r death ("
The nearest approach 10 it was when
Bob Burdette called Delaware "a fly
speck on the shirt bosom of creation,
and Bob Ingersoll said that Chief JUS
tice Comegys and the Delaware whipping
post were twin relics of barbRrism." But
as they were non residents, and one had
never been here and the other could not
come here, the cases were not pushed
against them
Probably the next rarest ch arge in
which conviction followed the indIct.
ment, is that OF arson. Lord Coke de-
ines 1t as follows
"The offenss Of arson. which is a
felony AZ common law, is the malicious
and voluntary burning the house Of
another"
..To constitute arson at common law
it must be proved that there was an
actual burning Of the house, or Of some
part Of it, though 1t is not necessary that
any part should be wholly consumed, or
that the fire should have any continu-
ance, but be put out or 60 out of itself.
/ The setting fire TO the house of another,
mallciously TO burn it, is not felony, If
either by accident or timely prevention
the FIRE does not take place
THE burning OF mans own house Is
no felony at common law, but such
burning In town, or so near TO other
houses as to create danger to them is at
common law a great misdemeanor. But
| IL man sets fire to his own house
mAliciously. intending thereby to burn
the adjoining house, belonging to
another. il the latter house is burned, It
is felony; il net, il is a great misde-
mesnor
The word house used means dwelling
house, and not barns or ontbulldings,
that are not parcel Of or contiguous
thereto.
Since 1855 Houstons Criminal Cases
only chronicles three persons who were
indicted for arson. In every case YER
dict OF not guilty was rendered Ii there
ever was hanging for that offense in
this state 1t was many years ago.
The crime Of burglRriously breaking
and entering in the night time a dwelling
house with intent to commit rape or
murder and conviction thereof is also
comparatively rare in this state.
Probably the most celebrated case on
record here Is that of the state VS.. vii
liam A. Manluff, colored. He was tried
at the May term Of the New Castle
county court, ia 1885, charged
with entering the dwelling house
OF Mrs. Hannah f. Jones with intent
to commit murder and rape. The
Indictment contained several counts,
alleging the burglary to have been com
mitfed with intent to murder Lizzie
Griffith and Charles Chance, and with
intent to rayish Lizzie Griffith The
crime was committed on March 20, pre-
ceding There were no less than ten
counts in the indictment. He was found
guilty and hanged. The state was repre-.
sented by Attorney General Jacob Moore
aud Deputy Attorney General Anthon,
Higgins. David Paul Brown represente,
the prisoner.
Haugings for murder and rape have
been much more common, and two thirds
of those hanged were colored persons.
Within the past year there have been
four negro hangings in Kent and New
) Castle counties, and no hangings of white
B nersons Two Of them, Shakespeare
Reeves and James Thoroughbred, wer,
for rape one assault being committed OF
! little white girl, the other assault upoi
y little colored girl The other two
8 Jesse Proctor and Fred Young, wer,
: hanged for numbering Stephen Lindsay
coloTed, near Frederica.
1t would be well for persons Of way
y ward and passionate dispositions t
know Just what gives rise to 'hem
! stret shin" in the Little Diamond state