Evening journal., 1892-09-28
TOM FORD A FREE MAN.
A Delaware Jury Declares Him
Not Guilty of Larceny.
BOTH INDICTMENTS HAVE FALLEN

Favorable to the Prlsoner-E. II. Coch-
ran, Jr., the Victor in the Battle of
Spurs"
The larceny case Of the state VS..
Thomas w. Ford, of Elkton, Md, was
continued in the Court of General Ses-
sions this morning.
Mr. Biggs replied to the attorneY-gen-
erals structures upon the fourth propo-
sition made by the defense, which was
that the proof being wholly circumstan
tial the jury must be satisfied beyond
reasonable doubt that the evidence ad
mits of no other hypothesis than that he
took the property feloniously
The x-attorney-general said that the
state had put in evidence. which stated
positively that a man gave the watch to
him. The other witnesses could not tes-
tify to the identity of the watch He
cOntended that the felonious taking had
not been proved.
"He was Double Felon."
At 1870 o'clock Attorney General
Nicholson began addressing the jury. He
said in part:
my learned friend is a lawyer whose
distinction at the bar and in the state is
such as to give added weight to anything
which he may say. But yesterday he
made statements to this jury and saw
fit to say things and to bring into this
case issues upon which there was not one
word evidence. l did not bring Mr..
Thackery on the stand because that big
sad-eyed man, her husband came to me
with tears in his eyes. said that wit
nessess were here to traduce the character
of his wife. He gave me this list of wit
nesses who would testify to her good
character. He did not want his wife's
character handed around, but, at the
same time, be assured me of his conf
dence in his wifes virtue If Ford was
the woman's paramour he is doubly a
felon, as in tnat case the wife could not
give him her husbands property. That
is the law and the reason of the law.
The courts of this state cannot be used
TO retail scandal 1t is a simple case of
larceny; and that is the only thing for
you to determine. Adultery adds to his
guilt We ask the jury to give us a YER
dict of guilty.
In Favor Of the Prisoner.
The charge to the jury was delivered
by Judge Cullen. 1t was ably delivered,
and, taken altogether, favorable to the
prisoner. He told the jurors that the
original theft must be proven, and
that they must be fully convinced
that the taking was felonious. He fur
ther stated, that the property must be
identified by the persons who saw Ford
offer it for sale. He warned them that
statements concerning the wife must moi
be taken into consideration. ....
The jury retired at 11.3O.
At H. 80 the jury returned with a yer
dict of not guilty. Ford thanked thu
jury Only one ballot was taken
Ford a Free Man.
Thackery wanted the attorney genera
to push the other indictment, but he wa
averse to doing it. He entered plea o
nolle pros and Ford and the witnesse
we've discharged.
What It Cost the People.
This has been a very costly case to tn
taxpayers of New Castle county. Their
were fifty-fOur witnesses on bot
sides, nearly all Of whom com
from Elkton, Md. and vicinity
As the state lost its case a
witnesses have to be paid. The averag
per diem and mileage of the witnesses
"a, although some of the witnesses wi
get as high as S15 Strikin
an average of a the witness fee
alone amount to $216. Twelve juror
for two days increases this expense
1884, to say nothing Of the bailiffs, gran
jurors, serving subpenas and other il
cidental expenses which will make th
costs almost $500.
Cochran Wins His Spurs.
This was bad day for the Stat
While the Ford jury was out preparin
its verdict of not guilty, another jul
was drawn to try the case of the Sta
VS. Christopher Brooks, colored, accuse
nf ofao1ino rama ooclr rrOpprtV q
Arthur E. Duncan. Peter L. Cooper, Jr
represented the state E. r. Cochran
Jr., represented the prisoner.
The state called several witnesses wi
testified that the rooster had yalli
legs. yallar bill, lOw-cut comb al
feathers well cut in on the back of u
head" 1t went further, and proved tn
the rooster did not belong to Dunca
but that it was owned by a man nam'
Owen Houghten.
It then rested its case.
Mr. Cochran astounded Mr.. Cooper
addressing the court and demanding tn
the Indictment be quashed on the groui
that the indictment was il
properly drawn as shown
the face of the states eviden'
Further because counsel for the sta
had failed to prove venue, or the coun
i'm which the crime was committed.
Court Stenographer Hardesty hunt
for venue in his shorthand notes b
failed to find it. Examination show
that the flaw in the indictment exist'
The state of affairs was the occasion
much laughter.
As soon as these fVcts became appare
Judge Cullen instructed the jury to r.
der a verdict Of not guilty. This it d
without leaving the box.
The negro was discharged and THAI
ed the jury for the verdict.
It was Mr.. Cochrans first case, a
he was warmly congratulated upon
manner in which he handled it.
The general jury was then discharl
until 2.3j.