The Cecil Whig. [volume] (Elkton, Md.) 1841-current, 1843-11-04

| The learnt gentleman llouRnI shOllu De
deemed all sufficient.
Mr. Stump in reply; admitted the argu-
men. of Mr. layton. but tie discussion
had arisen upon the form of the Jurors
answer. 1t was not a simple mant syla
bic, but involved important considerations
with reference to the present ate Of the
Jurors mind; and it was impossible to es-
innate too highly the necessity for a clear
ly unprecedented and impartial jury. The
learned counsel referred the court to the
r opinion of Chief Justice Marshall in ref
errrg 10 the case of Calender also during
the trial of Aaron Burr, contained in the
report. page AS, and also to Chltty's
General Pracuce, page 500, wherein the
pIoprleiy of putting explanatory ques-
tons is clearly admitted. The court con-
sidered the authorities submitted and
delivered an opinion at some l"nglh.whlch
at the close his Honor Judge Chambers
recapllulated in condensed form admit
ling FirSt, that explanatory questions
should be put when necessary. Second,
here Juror had made up his mind on
the statements that he had heard, touching
lilC gum w IlllpttilC vi Idl " VI u
pom material facts IN relation TO the is
sue, he must he disqualified. Thirdly:
If Juror had merely received impress.
sions from current rumors, which we're
capable Of yielding to the evidence. as
indeed every intelligent and observing
man would do ina case of this character.
he was not disqualified. and for the pur-
pose of ascer,aning this distnction,where
the Juror himself was in doubt. cXplana.
tory questions were essential and indis-
pensahle. Upon this decision the cmpan
melting of the jury proceeded, bnt so
slowly that nrN was not completed I'M
til about c "ck. P. NJ. At that hour
lht following named gentlemen were
charged by the Clerk with the case.
: Joseph Lort. SEN, foreman, Matthew
:, c. Peace, Richard Abrams. John f SIM
pers, VIM Parker. Absaom McCauIey.
Johnson Shippers. John CHM, JOHN B.
Yarnsll, Henry Jomar, George Sturgcs.
John Jones.
Joseph Wickes.Esq, prosecuting altor-
ney, now opened the case, briefly review
ing the facts, as The State proposed to
prove them. He represented that un.
friendly relations had existed between
the parties, and that on the Saturday pre-
cedipg Tie occurrence, a publication APP
peared in the Cecil Wing, conducted BY
The raverser, rejecting in the most sour
rilous and improper language upon the
deceased. That deceased called upon the
prisoner 20 know, why he had abused
hlm IN that way; an allerca ton en>urd,
which was followed by scuifle. IN
course of which deceased lifted suck
over traverse 5 shoulder; that the suck
IeI and was never aItt rwards recovered
by deceased; that he was unarmed so la
as Ricketts, could possibly discover, tina,
as soon as they we're dlstngaged. Ricketts,
drew = .evovlng pistol from hi. pocket
aud discharged 1t the deceased; that tn
latter might have been advancing upon
hm. but unarmed as before. hen Rick
et,s fired again, and so on until he had
fired four tunes thereby mllicling three
wounds. That it is further expected to
show that Ricketts, had uttered certain
threats against the deceased. The pris-
oner, said the learned counsel. intends To
rely upon proof, that he committed the
ac, for the preservation of his own life,
aud that il was necessary for him TO take
that of Amor + Forwood.
Col. Adam Whanr, was first called on
the part of the State, and sworn. He 'es-
titles that he is postmaster in this place;
: the alIiay occurred Immediately in font
OF the post office, beginning close by the
door. On the 30lh of August Ricketts,
/ came TO the office for his papers between
the time of the arrival Of the Baltimore s.
> Philadelphia maiIs-aboul II O'Clock in
! the day. lie took his papers in his left
, hand, keeping his right hand IN his peck
ct, ON going out, witness heard few mo-
menls afterwards voices as in conversation
p Al the door, Immediately afterwards saw
D Forwnod having hold OF Ricketts, b. tie
RICH, wrist with his left hand; went to the
e door, aud then they had got off the porch;
: both were STOPPING in the scuille, when
= r. snatched his hand away and fired a
5 pistol; r, then, stepping back pace or
= lwo, raised his hand aud fired again; he
Y then stepped pace or two further back
up the street and fired again, and in anolh
= er moment fourth time. Fnrwood then
rai,ed his hands, and laying one on each
. breast, exclaimed "I'm dead man" He
'hen went to the porch of Dehaven's
# tavern. Wines. did not 60 out OF the
h Office; was afraid to go out when the firing
r was gong on.
g In chlel--Saw no cane in F's hand d,
S any Time; F was not within less than
. or 10 ieel from X. after the first fire; hear
e words a. the door, before The aliay, bu
$ could not hear what they were; though,
# they were in an angry nn", though not
J. loud; alter the third lire +. appeared part y
d to turn, so that his side was towards r.
: turned as If I" step upon the pavement