The Wilmington daily Republican. (Wilmington, Del.) 1890-1902, 1893-11-14

nun. L. IL. Murtiii.
Court Proceedings.
Court convened at $50 o'clock yes
terdhy afternoon. Immediately after
the opening. Attorney General Nichoi-
eon entered a nolle prosecute In the
osse OF the State vs.. George White.
golorod, who Is indicted with asi auit np
Mrs. Carrie E. Bentley. Tha prosa
eutlon had been unable to bring the
prosecuting witness Into court. TIE
case was capital ono and Ia the first
one to DO disposed OF SO.
Z The crime was committed last June.
while Captain Bontley's tug. Isabella
was lying at the wharf of tho Enoch
Moore and sons Conpany's yard
Captain Bentley had taken party OIL
Wiimingtonlans to visit the naval
parade In New York harbor. He laftI
bis wife aboard the tug here, and tho
irst night she accused White OF climb.
ing through a window and assaultingl
her. Sho recognized White us her as
ssilant.
White walked out of tho court loom
smiling.
A TRIAL FOR BARN BURNING.
A jury was then callsd to t-v the
oaso OF this State vs.. james Baylrd.
the barn OF George n burgess, stu.
ated letween Port Penn al Cd ssa
ihs iiarn was fired ON the night OF
July goth, about 10 O'Clock.
Mr.. burgess was iir1u called. He
testified to having enployed the pris-
oner. On the night of Doconher 2oLll
he went to his house. lie said h.
would return but he did not. In Tn
dire several cows were burned. On tue
\ w-ts - ln airn h.
ard on the promises, but it was aftor
the fire.
MIR. DAVIS. who represented the
prisoner. cross. examined Mr.. Bur
CESS. He was at tho barn at 8 O'Clock
the night OF the fire. He denied that
he had discharged the boy. He deniel
that he ever smoked in Lis barn. MIR
Davis was trying to prove that Mr..
Burgess had caused tho conlligratlon
by sm 1klng In tho barn.
Dir. pavis then asked tho witness II
he had not been warned by Edward
Quilted, in August OF 1890, that the
barn would be burned If lie continued
TO smoke In it,
MIR. Nicholson objected to the ques
tion and tho court ruled IL out. lhe
building was insured.
On redirect examination the witness
could not say where the fire started
no uFu nOL sec lilo ire Until Inc Jafi
was almost consumed.
Andrew Henry, colored, was sworn
He was IN the employ OF Mr.. Burgess,
and ON the night OF the fire. let tive
horses out OF the hnrn. He did not le
out tue COWS. Mi. Bun CESS Mhikenet
him.
On cross examination lie saw Bayart
after the lire. Bnyard helped hun t,
remove some Of tho household good
90 lace OF safety
Hiram Plcasanton was mt Burgess
homo tue night OF tho tire. but til,
barn was burned. There VI as no one
about except MIR. Moore. Hey awaR
ened the family. About an hour artor
wnrd he saw Bayard coming up til,
road toward the property. He sale
that he had turned out the cows. Til
was when Mr.. Burgess told Andrew
Henry to turn out the cows.
Gibson Moore wits on tho promises
The night Of tho lire Whom no arrived
ths stable had been d. stroyed, and til,
barn was in lames lie ha,psd to
awaken the family. rhs hous. WIS
burned. He saw the prisoner attor til,
IRE lie did not converse with him
He did not hear him make auy re-
marks.
Vim. II. Pierson knew james Bay
ard, the prisoner. Ie had heard hin
on Sunday tho 10Th day OF July, IN tx,
threats against Burgess This was Il
Port Penn. Baynrd was standing OF
the bGlch. The witness asked hin
where lie was working. and he replis'
with hlr Dutlleld. lie said he Ike
Dutlield better than Burgess WHOM
he cenDldored tho meauest man in lii
county. At The same time he SAL
the wltness would heat OF Burgess
being burned out in three weeks, 81
+ tsr the lire Bay ard told him vi TN
fire
Tie DAY after the fro tho witnes
told John Armstrong at Odessa wnu
Ba, 9rd had told HIM. When tho bril-
ore Threatened TO burn the barn
believed him uut Of his Mid.
The prosecution then rested an
1lr. Davis called Mis-. David Duillel
for the defense. James Bayard wa
employed by her. She recoliecteh III
night the burgess bnrn WIS burneG
Her husband and larry Dullleld wer
No Odessa that night mud lett Bnynr
ut hons. About 5 o'clock he drUN
the cows Into pasture. James hal no
been away fsuIn The house that nigh
Bhe saw HIM 20 upatairs TO bed b
tween . and 10 o'clock. W hen 81
passed. his room about 10 o'clock jam
was sic ing souEdly.
6do after aroused her husband. mn
he Awakened James. vino wanted I
60 to HE fire He aftcrwErll went wi
her son larry. Mr.. Dutlieid femain,
at home with her
David Dutileld corroburatel that
his wife. Nothing was brought out
the oss-eXamination.
Hurry X Dufliell saw James reti
before 10 O'Clock. At II oclurk lie u
James went over to the lire. they m
Mr. burgess and his wife comir
down the lane. Mr.. burgess sa III
thought tho cows were still locked u
so the witness sont James 10 let the
out. When James returned he sn
he ulso let out two calves. Jam
stayed at tho burgess holse fro
that time until tic ncXt morning,
was arrested the following Saturia
Mr.. Davis called Wm. Drakyie Il
deputy recorder OF dee ls, to pro
that tho property belonged to MI
Rachael burgess anu not tieo. n. lil
CESS. rs contained In the indietmel
Attorney General Nicholson object
TO the question. He cuntended Il
It was not one ot title, hut ole of
cupancy. The court SUSTAINED
Attorney Gsnsrars objection, leaTi
II for The jury to decide.
THE PRISONER ON TIE STAND.
James Baynrd was then called
the stand. lie was not at the tire
til he went with Harry pufIeid.
Jet out two cows md calves nom
burning barn. He met Andrew IieI
at the fire. Andrew told him that |
colt was burned, and he replied Il
all the COWS would have boon burn
also had no not let them cut. lie
tho employ OF Mr.. burgess the {
after Christmas lIs had teen on
Burgess farm atterward but never
the barn.
Attorney General Nicholson Il
arose and said hs would abandon O
further prosecution. aud the Jury
turned verdict OF not guilty with
leaving the box. james Bayard
then free boy.
Court at O'Clock adjourned.
Ouf AUaIn