Evening journal., 1911-06-28
LAUREL RIOT
CASE in COURT
Robert WheatIey, COlOred, on
Trial on Charge Of Killing
OIin StOCkIey
SAYS he WAS KNOCKED
OUT BY WHITE MEN

Special to THE EVENING JOURNAL.
GEORGETOWN, Del, June 2s-The
first case to be taken up at this term
of court yesterday was that of Rob
ert Wheatley, colored. who has been
indicted by the Grand Jury on
charge of murder of Olin Stockley, of
near LAUREL during a riot, on Satur-
day night, April 1, of this year.
Deputy General Frank NJ.
Jones conducted the case for the
State, while James NJ. Tunnel, who
had been appointed by the Court, was
counsel for Wheatley. All the morn
ing session was taken up in the selec-
tion Of a jury to try the case. Out of
fifty-five that were called, fifteen had
scruples, nineteen were challenged by
the defense and ten by the State. The
following were finally selected: Curtis
S. Rogers, Harry E. Hudson, Cove F.
McCabe, Charles NJ Tatman, Edward
w Ingram, Chester Townsend, Will
lard B. Hatfield, William T. Bryan,
John K Kinder, former Sheriff Elijah
J. Lynch, and former Sheriff Joseph
B. West
Victor R Wright, said he lived just
down the street in Laurel from where
q mob of men and boys was on
the rampage. Wright stated that
Wheatley was making advances to-
ward them and was about twenty
yards from his house. Wheatley FIR
three shots in the direction Of the
crowd of white men and boys. With
Wheatley at the time were John Col
Inns, colored, who i9 now serving
time at the New Castle County Work
house for carrying concealed deadly
weapons, and Albert Hitch. white
Collins, the witness testified, asked
Wheatley to shoot and went on to say
that "he (Collins) would then take his
turn" On cross examination Wright
said it was an impossibility to say
that the shots fred by Wheatley killed
Stockley because there was so much
firing going on at the time. Mrs
Wright and her little girl, Jennie
boer out the statements of Mr.. Wright
She also said 1t was an impossibility
to tell whether or not the shots fred
by Wheatley killed Stockley, as there
was considerable shooting at the time.
Mrs Wright said she had not been on
the porch but about two or three min
utes when she saw the whites COM
mence to fire down he street. The
negroes retaliated, she said, and ex-
changed shots.
Albert Hitch. the next witness call
ed, said he was walking down the
street when he met Wheatley near the
residence of Wright: and outside OF
this conflicting statement, which wal
directly opposite from that of Mrs.
Wright who said he was walking with
the men. his testimony was about the
same as that of the Wrights.
Charles Conaway. who resides near
Seaford. told of being in Laurel the
night Of the murder and saw the riot
ing, but could not tell who we're tax
ing part in it.
County Engineer William J. Mus
tard. of this town, testified to the dis
tances of the several points brought
out
When the State concluded its testi
mony, Mr.. Tunnell asked the cour
to give binding instructions to the
Jury to return a verdict of no
guilty, arguing that the proof in tn
case did not connect Wheatley will
the crime The court refused to en-
tertain the motion Of counsel for tn
defendant saying that it was a ques
ton of facts for the jury and not tn
court to determine.
DR.. Hitch was the first witnes
called for the defense and told of tn
trouble He said he was directly il
back of Stockley when the latter wa
shot and it was lucky for him tha
Stockley was in front, for had it beei
otherwise he would have received tn
bullet He said he thought the bulle
which hit Stockley came from the sid
OF the street, diagonally from wher
the negro Wheatley was said to hav
been when the young man was shoi
Everything was in an uproar, he stat
ed and many shots being fired
nearly all directions.
Wheatley was then put on the stan
in his own behalf He said he wa
in the livery stables of Whaley, work
ing, and repeatedly kept hearin
shots about the town, but he neve
went out to investigate as he was to
busy at work. He told of five or ST
white men appearing at the stabl
door and talking in low tones. H
said he did not know any of then
but asked if there was anything b
could do for them or did they war
to see Mr. Whaley. He said he wa
In the act of hanging up a whip in
little office at the stables when tw
of the men swatted him, one asio
of the head and the other about th
face, Telling him unconscious. n
stated he did not know how long l
remained in that condition, but abol
three minutes after coming to h
senses he saw Hitch and Collins WI
told him he had better get away fro
the stables for there was a gang
whites who we're trying to drive II
negroes from town. Procuring h
pistol from his vest pocket, which
said had been given him that NOR
ing by the Whaleys, he put it in b
pocket and left to go to Whaley
house to tell him to go to the stable
and protect his interests.
He said he started up the stree
with the hope OF avoiding any Of q
trouble, and when he had gotten ne
the residence of Wright the whit
we're making such an onrush that
drew his pistol and shot in the a
twice just ito let them know the
were firearms down that way" Befo
he shot he said a shot from a gun e