Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1892-04-28
THE COURT COULD NOT AGREE.
Ana so the Jurymen Likewise
Agreed to Disagree.

Curious Outcome of the Trial of Rich
ardson, the Alleged Milford Burglar,
Tor Shooting at the Oficors--Two Judi
eiai Views of the Law in the Case.
neutrality-suspicious. OF Gazette and journal
DOVER, April 2i.-Court met at the
usual hour yesterday morning and con-
tinued the criminal trials.
State VS.. James Howell, indicted for tho
larceny OF some wheat from Il. r. VIII
liams. Verdict guilty. The jury recon-
mended him TO the mercy Of the court and
ne was sentenced to pay costs amounting
to Sl6.SO and suffer three months impri.
sonment.
State vs.. Edward Jannings indicted for
the larceny, Of coat from w. Is. Tomlin-
son. Pleaded guilty. Edward Ridgely
Ir., appeared for the defendant, and asked
for the clemency of the court on account
OF the prisoners tender years and previous
good behavior. Sentenced to one months
imprisonment. Jannings Is only IL years
old, and had the sympathy of every one in
the courtroom when arraigned. He is
from Alexandria, Va, and while in Har-
rington last fall became intoxicated and
took coat, thotightless of the crime. The
coat was afterward returned to its owner,
ana the lad has been confined in Jail ever
since. He wrote his mother of his mis-
fortune and asking for money to employ
counsel. but did not receive any reply until
few days ago. 1t was from an older sis
ter, saying his mother had not learned of
MS misfortune, and begging him not to let
her find 1t out. Sheriff Cole spoke OF the
boys good behavior while in prison.
The grand jury having found true bill
against James Richardson for the Milford
sale burglary, he was arraigned again yes
terday and pleaded not guilty. The court
assigned Il. X. kennoy as counsel to de-
fend him and set to-day for his trial.
State vs.. Andrew johnson, alias Arthur
johnson, larceny from Charles Il. Grer
pleaded guilty Hesentenced to pay costs,
two months imprisonment and five lashes,
state vs.. Charles Williams indicted for
resisting public officer at FELTON,. Verdict
guilty and sentence deferred.
State vs.. Milo and Lizzie Barber, charged
with keeping disorderly house in Mil
ford. Case postponed until next term of
court. The grand jury has found 10 true
bills. A true bill for libel was found
against Editor ]. IL. Dilworth of the Della
ware City Nens, hut upon the request of
James Pennewill, attorney for Dilworth,
the case was postponed until the next term
of court.
The case of Frederick Lane charged
with shooting Mrs. Christopher Newcomb,
near Smyrna, was postponed until next
term, upon his giving bond for his APP
pearance. All the criminal trials have
been disposed of except that of Richard
son, who is indicted in four cases.
DOVER, April 22.-Court met promptly
at 10 o'clock yesterday morning and began
the case of the State vs.. John Richardson.
indicted for an assault with intent to com.
mt murder upon Constable Charles W.
smith. great deal of interest is taken
III this case here and the court room was
crowded with spectators the entire day.
The jury was empaneled without any
difficulty, only two challenges being made.
Constable 9. w. Smith was the first wit
ness. He identified the prisoner as being
the man who shot him on the Norfolk ex-
press train the morning he was making an
effort to arrest four men, who were sup.
posed to be the Milford safe burglars. The
cross-examination by Richardson's coun-
sci, X. X. Kenney, consumed about two
hours, but did not bring any new light on
the case. Detective Nathan ii. Hutchins.
the second witness, identified the prisoner
as the man who shot Smith.
why HE COULD NOT SEE.
John w. Lockerman could not identify
the prisoner rs being the man who shot
Smith. He said he was under cover Of a
revolver i'll the hands of another one of the
party at the time and was paying his
entire attention to him so that he could do
as he was told. Lockerman said he had a
4tfOhNNA IA mo SOdb DOIhtts bub lldQ llD
opportunity to use it. He saw two men
pass out the front door of the car and also
saw another go in the toilet room, but
could not say whether he came out or not,
He could not say where Detective Hutchins
was at the time of the shooting.
Court adjourned at 6.15 o'clock and will
continue the case to-day.
THE CIVIL List.
The trial list of civil suits was gone over,
10 cases were marked for trial, "A con-
tinued and deferred.
Judge Houston was present short
time yesterday, but went home on the 6
o'clock train.
DOVER, April 23.-When court met at 10
O'Clock yesterday morning there was q
large crowd of spectators present to hear
the evidence in the case Of the State VS..
John Richardson. People from the sur
rounding towns flock to the court room
and seem to take more interest in the case
than in any for several years. Some of
the evidence is amusing and the listeners
and even the prisoner are compelled to
break the silence of the court room with
shouts of laughter. Richardson is a fine
looking fellow, dark complexioned, APP
parently about "a years old and will weigh
100 pounds.
John w. Lockerman was recalled and
said he did not see Hutchins shoot. After
the shooting he remained awhile at the
door, then went to the toilet-room and
held the door while Mr.. Smith shot. Then
he went to the rear end of the car and
stood there until the train arrived at Clay
ton. The State here rested.
Mr.. Kenney opened for the defence and
called for his first witness Thomas b.
Lewis of Wilmington, conductor of the
train OH which the shooting took place.
Conductor Lewis said he left Dover, three
mil Ina lot hat fnlr
sengers, the three officers and four cti-
zens. He saw Smith sitting behind two Of
the strangers and two sitting in the
middle of the car. One of them went in
the toilet-room. No. sat next to the aisle
in the middle of the car; No. 9 sat on
the same seat next to the window;
No. 3 sat next to the aisle on the seat by
the stove, and No. sat nextto the window
on the same seat The man in the toilet
room remained there until the shooting
was over. lie then came out. ~ do not
know where he went,n said Conductor
Lewis, for | dropped down behind a
seat" After leaving Clayton witness said
he examined toilet-rooni and found the
window down. no one there, no glass
been done. No. 3 was the only man lie
saw leave the car. The baggage man got
i'll with him behind the seat. The train
was very near Clayton before they came
out from behind their breastwork. The
fight commenced below Clayton, but he
was to busy to locate the exact place of
beginning.
The second witness was George Tumlin
of Wilmington, employed as baggage
master, who runs with Conductor Lewis,
He was on the train when the shooting
occurred and said he saw Smith, Locker
man and the strangers in the smoking car.
He repaired the fires then sat down in the
car. He saw Smith sitting behind the two
strangers and noticed him saying some
thing to them. The one next to the aisle
got up and went to the toilet-room. The