The Wilmington daily Republican. (Wilmington, Del.) 1890-1902, 1897-02-03
THOMAS GETS
aTEN YEARS
For Assaulting Mrs. Carrie E. Ball
at Stanton on January S. y
~--s,S Other Cases. ID

General Sessions Court had surprise
this morning. 1t was made by Harry
Whiteman, counsel for Frank Thomas,
the colored man who yesterday afternoon
pleaded not guilty to the indictment
charging him with having assaulted with
attempt to rape Mrs. Carrie II. Ball near
Stanton on the night Of January 8.
1t will be remembered that Thomas at
tempted the assault in the absence of Mrs.
Balls husband, and then fed the commu-
nifty. When he was captured, an infuriat-
ed crowd of residents in that community
wanted to lynch him.
The surprise consis ted Of a motion by
Mr.. Whiteman to change the verdict to
one of guilty which Deputy Attorney
General Cooper, Of course, accepted, The
motion was made after consultation With
the prisoner who was conscious Of what
he was doing, to shield Mrs. Ball from
the extremely unpleasant duty Of giving
testimony, and because there were no. cir.
ounlstances which mitigated the crime.
Before passing sentence on Thomas
Chief Justice Lore took occasion to in.
form him that the crime was the most
outrageous one of the Courts recollec
ton and therefore intended to impose the
heaviest sentence the law would permit.
1t was that he be whipped on Saturday
with thirty lashes, stand one hour In the
pillory and be imprisoned for The term OF
ten years. The severe sentence did. not
effect the prisoner.
A jury was drawn to try William Muir
ply, indicted for assault with intent to
murder Reuben Crouch, a half breed from
California at the West Yard on the night
OF January IL. Crouch told of meeting
Murphy and having been struck on tho
head and face by him with revolver.
Witness ran and the prisoner shot four
loads after him. He had said nothing to
Murphy nor had he seen him before,
George Pine of Lock Port, New York,
who was with Crouch, eorroborated his
testimony. Police Captain Kane and
Special Officer Kelleher also gave testi-
mony.
The weapon was offered and accepted as,
evidence. 1t contained four discharged
shells. Then the state rested.
Mr.. Whiteman had Murphy go on the
stand In his own defense and his story was
that Crouch had provoked the trouble by
striking Frederick Hogan who is indicted
with Murphy when he the witness inter-
feIed.
Deputy Attorney General Cooper took
the prisoner in hand reduced his testimony
to nothing, at the same time showing that
he was an attempted jail breaker and o gen
eral bad man. Counsel then closed and
argued before the jury. Chief Justice Lore
charged the body and 1t retired -
The verdict was guilty.
QUESTION of NERVE.
No sooner had they done so than Mr..
Cooper announced he was ready to try the
indictment which charges Murphy and
Hogan with highway robbery, John
Barwick Of Philadelphia was the first
witness and swore that the prisoners held
him up at the point of a revolver and took
from him silk mufiier which was after
ward found on Hogan. 1t took place on
the p, W. & b. Railroad between Newark
and this city.
John Hetzel was also In the car when
the prisoners with revolvers made their
holdup Hezel swore that the men took
from him pair of gloves, shoes and
vest, all being recovered after the men
were arrested. Murphy was wearing the
shoes and vest.
Joseph Price was another occupant OF
the car who saw Hogan with knife aud
Murphy with u revolver, and also saw
them take property from Hetzel Barwick
and himself. After Police Captain Kane
gave testimony concerning the arrest and
the finding of the weapons on tho men
the state rested.
In opening his defense Mr.. Whiteman
said he would prove that the State consid-
cred a daring hold up was merely joke
on the part of the prisoners and called
Murphy who said he had overheard the
other TWO occupants of tho car talking
about their nerve and wanted TO test it.,
The witness then told Of him and his part
ner Hogan taking from the men the arti-
Giles mentioned and of them "having lost
their nerve when the weapons were flour
ished before their faces. The testimony
concerning the nerve of the men caused
considerable laughter.
When Mr.. Cooper took the prisoner in
hand he asked him If he had worn Het
eel 8 shoes TO test his nerve. Murphy re.
piled no, but had taken the shoes as a
test
Then Hogan went on the stand and told
the same story after which Mr.. Cooper
submitted his side, Mr. Whiteman taking
the same course Chief Justice Lore
charged the jury aud verdict of guilty
was returned without leaving the box.
In a second charge against Hogan, Of
carrying concealed a deadly weapon, Mr..
Whiteman entered a plea of guilty whero
upon MI. Cooper nolle prosecuted a third
charge against him.
THEIR SENTENCES.
Murphy was first sentenced for murder
GUS assault. He got one months impris-
onment, ore hour in the p..!ory and pay
fine of $1,000.
For highway robbery he got another
months Imprisonment, 20 lashes, another
hour in tie ! Dry and fine of $500.
Hogan got similar sentence.
Before leaving tho room, Murphy had
the nerve to thark the court for its len.
iont disposition of their cases. -
The grand Jury returned the following
true bills; Alphous0 Davis and John
Jack son, larceny; William Watkins,
breaking and entering: Joseph Vincent,
carrying weapon Walter Mcbride, OBJ.
tanning goods under false protense: Isaac
Handy, assault ard George Ross, carrying
concealed weapon. A bill against James
Saunders Of Illicit liquor selling was
ignored. Court then recessed.