Evening journal., 1914-07-17
Webster PUTS UP
FIGHT FOR LIBERTY
Questions States Right to
Hold Him When No One
Saw Him Break Jail
INTIMATES HE MIGHT
HAVE BEEN LET GO

After a hearing in Magistrate
Buckley's court this morning. on the
charge Of breaking and escaping
from JAIL Arthur C. Webster who
was recently brought from st. Louis
Mo. by State Detective Mccoy, was
held under s2,5OO bail for trial before
the next term of General Sessions,
Court
Webster was charged with having
escaped from the New Castle county
Jail at New Castle. on December 10
1895, while serving a fve-year sent
ence for burglary.
A technicality arose in the case,
which for time puzzled the authori-
ties. Warden Crawford at first re-
fused to receive Webster at the work
house, claiming that he had not been
committed to the workhouse, but to
the jail at New Castle.
It seems that Webster, at the time
of his conviction, was committed to
the custody of the sheriff of New
Castle county to serve FIVE years IN
The question arose today whether
Webster could he legally detained to
serve out the remainder of his term
in the workhouse. Webster was there
fore arraigned before Magistrate
Buckley this morning with charge
of Jail breaking against him so he
could be legally held until the next
term of Court of General Sessions.
Deputy Attorney General Armon
D. Chaytor stated that at that time
the records will be amended so that
Webster can lawfully finish his un-
expired term in the workhouse, with
such additional time as he may re-
ceive for Jail breaking
When arraigned before the Magis-
trate Webster entered a plea of not
guilty.
Former State Detective Walter Wit
sell who had made the original ar
rest, told of the circumstance attend
ant upon the arrest of Webster
Mitchell and Eldrige for robbing a
house, and said that they had subse-
quently escaped.
How did you know I escaped"
asked Webster. Did you see me?"
Noel didn't see you escape, but
we hui.ed through the Jail and could
not find you" replied Mr.. Witsil.
III you didn't see me escape, how
do you know broke outg asked the
prisoner. How do you know l wasn'
let out?"
Mr.. Witsil explained that he did mo-
know from personal observance tha
Webster had broken out of Jail, as h'
was not there. but he had been TOLD
about it,
That's hear-say evidence" return
ed Webster.
THAT doesn't cover the charge 0
Jail breaking You are speaking
from your memory Is or 19 years af
ter the affair.
Il am charged with Jail breaking ant
don't see how you can testify agains
a man if you don't know he brok
out"
Chief of Police George Black tes
titled that he was a street sergean
at that time. He said that il had beel
reported at the police station tina
Webster and others had escaped from
Jail and the police we're instructed T.
look out for them. The Chief told o
Webster's subsequent arrest at 81
Louis and of his Identification by pho
tographs.
Webster asked if Chief Black kney
he had escaped from Jail, the latte
replying that he had received onl
the report of the escape of the me
from Jail.
you knew he had escaped?" aske
the magistrate.
1--WE were notified of the escape,
replied the chief.
"Try to be more accurate, chief
said Webster. you are surely mis-
taken when you intimate tha
Eldridge, Mitchell and l escaped tC
gether. We did not escape togethe
The records will show that"
1T was just reported that the me
had escaped" replied the chief.
don't know whether one went at
time or all together"
Webster then asked whether th
law against jail-breaking had bee
passed by the legislature subsequeI
to the escape from the Jail, and
so whether he could be held under
Magistrate Buckley explained thi
there was such law at that time an
for a long time previous.
Webster wanted to know if
could be charged with breaking ia
If he did not break out, but had bee
let out. The magistrate replied thl
the term breaking Jail" did nj
mean he had to break a door to e
% out, but had left illegally. He stat,
that the Board of Pardons was Il
only body that could lawfully let hi
60. Webster contended the authoriti
at the jail had complete power ov
him and could let him go il thu
wanted to, but the magistrate believe
the evidence sufficient to hold him (,
the next session Of Court of Gener
Sessions.