Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1893-01-12


fence about the Jail is only light board
structure and can offer but little resistance
to mass people bent upon destroying il,
and the destruction Of the fence would ex-
pose the executions to public view. 1t IS
my purpose 10 discharge this imperative
duty in a proper and orderly manner ac-
cording to the commands OF the law, but
as my right and duty as the sheriff of the
county to summon in advance of actual
trouble posse TO prevent disorder about
the jail premises has been questioned by
citizens reluctant to serve in that capacity,
ain advised to apply to your honor for
my duty aud authority in such expected
interruption in the orderly and due dis
charge of the duty imposed by law on me
in this matter"
TO this letter Judge Wickes replied that
"the law makes it the dutv of the sheriff
to execute the sentence of death in as lri-
vate manner as possible and to exclude
from the view thereof all persons except
those deputies, the spiritual advisers of the
criminal, the counsel who defended him,
his relatives, and such other persons not
exceeding 20 as he may appoint to witness
the execution, and the physician of the
Jail, ii there be one, or if there
be no such physician. then the
sheriff shall procure some other phys
ician Of good standing to attend and to
furnish him certificate that the execlI-
ton was properly performed. 1t is, there
fore your imperative duty to execute the
judgment of court in obedience to the war
rant of the governor in Il private manner
as directed by the section of the code
which have quoted. A failure ON your
part to do 50 would make you liable TO
indictment and severe punishment.
"lf yOu have reason to believe that any
llRF. l.a.l tYtttl
tempt to Interfere with you in the per-
formance of yQnr duty or to be more ex-
plicit, to break down the fence or other
barrier which you now have to exclude
the public from seeing the execution You
have the authority and the power, and it
will be your duty to summon before the
| day of execution the posse coalitatus, or
powers Of the county, that IS, such Il NUM-
Der of citizens as are necessary to assist in
preserving the public peace on that day
and in quelling any riot or disorder which
may occur before or at the time of the eX-
eCution. Everyone who is summoned is
bound to obey the summons and to assist
you in preserving he public peace, and if
anyone should refusu o assist lie may be
! punished by fine and Imprisonment. But
cannot suppose that any iaw-ablding cit
izen when called upon will hesitate to per
form that high duty. The occasion will
y
should prevail. The reputation and char
acter of this community is involved, and
| any disorderly conduct or riotuus proceed
ing would not only be gross violation of
the law, but would bring discredit if not
disgrace upon the people of the county.
Should, however, there be any attempt to
| interfere with you or to break down the
barriers which have been or may be erected
| to exclude the public, let the person or
rprlnn4 ntfpnlintr hp at NrrbstpH and
committed to the county Jail, and in max
ing the arrest the posse or any member OF
| il may assist YOU or your deputies. Such
| attempt or such interference would be a
| great offence. for which the party could be
indicted and severely punished.
The sheriff has issued the following card
| to the public: 1T has been made known
to me that great masses of people from
different sections of this state and from
the State of Delaware intend coming to
! the Jail of this county on the 18th inst,
| for the purpose of making the execution
| of the DR.. Hill murderers a public execu-
! ton. The law Of this state requires eX-
ecutions to be private. The public can
| not view the execution. The law COM
| mands me, and shall obey the law to the
| letter. and see that the execution is wit
messed only by the persons authorized by
law " witness the same. ! therefore
| counsel all persons not summoned to re-
| main away from the vicinity of the jail
| on that day. shall summon 200 discreet
| and determined citizens of the county, whC
! will be prepared to resist amy and every
! attempt to gain access to the Jail or ap
| pruach the premises The honor good
| name and peace of our county is involved
and all citizens not summoned as guards
and deputies should remain quietly Al
] their homes. As the law requires the
| execution shall be private"
| CmEsTERrowS, ND, Jan. S.--GovGruOi
4 Brown came to Chestertown yesterday hl
| special train to make thorough persona
| Investigation into the case OF the boy
under sentence Of death for the murder ul
I DIR. j. ii. Hill, ThGEovernor. accompanied
! by his stenu5rapher, j. Il. BOwerman, ar
rived about 1870 o'clock and was i'm
motliately driven to the jail and com
inenced searching examination Of eaci
prisoner The examination was conducted
in the jail parlor i'll the presence of Jane
A, Pearce and VI. Dek. Smith, counsel fol
the boys, Harrison w. Nickers, who as
sisted States Attorney w. NJ. SlAy in thu
prosecution, Sheriff Plummer, William b
Uslton and G. Cox Hopper.
The governor stated that the petition.
had represented the boys to be IL years oi
age or possibly u trille older, and us the
entire responsibility has been thrown
upon him, though his coming TO Chester
t0wn or to any other place oil such a mis-
sion was entirely ont Of the regular ordel
of things, he was unwilling to act unit
every means of placing himself in ful
possession of all the merits and dcmerit:
Of the case had been exhausted.
After the interview Governor Brow
saiu he was not favOrably impressed witt
the prisoners nor with the statement they
made. He is somewhat dissatisfied with
the result Of his visit and his manner
while talking indicates that it is unlikely
he will interfere in the case.
HURT SAYS HE Is INNOCENT.
Henry Hurt was the first prisoner
brought into tho parlor, The governor
told him and the other prisoners whel
they came in who he was and his mission
emphasizing the fact thai he had come Il
hear I'll 5.r truthful statements in regard Il
crime which had brought them within
five days Of the gallOws and murderer,
grave. HURT was asked to make full
statement of what he knew. The boy wa,
nervous, and in q rambling story proteste,
his Innocence of any knowledge Of thu
crime.
lie said that ihe crowd Of men and boy.
went ont Of Millngton together, but thert
was not one word said about murdernl
any one and that Dr. Hill was not kille,
by any of his party. Moses Brown ant
Louis Benson left them at Ford gate, ant
he with the others passed FOrd's hill ali,
stopped ut Stephen Cooper's. Ii the docto
passed them lie did not know il. He iirs
heard Of the killing at Dr. Clark's mex
morning. In answer to the question "Dit
you know why he WAS to die?r he said
- am TO be hung for the stories l hay
told, claiming that he was forced to tel
them.
BENsoN's STORY.
Louis Benson, who is Il years old ,startc,
ont with q fu!l deniAl Df anNihinn furthc