The Cecil Whig. [volume] (Elkton, Md.) 1841-current, 1854-10-21
TRIAL OF ROBERT SWIFT,
For TIE MURDER OF JEREMIAH KIIuor


| In the Circuit Court for Cecil county: a
removed case from Hartford county, ii. w
| Archer and Richard Grason counsel for III
State; Ohio Scott and VIM. b. Bond, counsel
for the prisoner.
An effort to bring up this case was made
last week, but it was laid over until Monday
as stated in The Wing oflast Saturday. CIR
Monday it was called and preliminary dis.
cussions in regard to it occupied the Court
until the adjournment in the evening. A
witness on the part of the defence was absent
and an affidavit from the accused was pro.
duccd stating what he expected to prove hy
| the absent witness. The effect of the atlida
Wit being to show that kilho,r and Swift were
on friendly terms up to the dime the formtr
was shot, and that consequently no design OF
malice existed in the mind of the latter
would have at once reduced the crime to
manSlaughtcr: the counsel for til, state, there
fore, refused to admit the affidavit as evd,nc.
and undertook to have the witness in Court
on the next day.
On Tuesday after great deal of delay, and
all sorts of motions to postpone, the absent
witness being i'll attendance, Swift was
brought into court. He is a tall, fine looking
man, of some % or 80 years; the front of his
head inclined to badness and moderate Siz, d
whiskcrs meeting beneath his chin. His eve
was r, stless and he betrayed some emotion.
and altogether did not seem the sort of man
likely to be charged with the sort of crime
Tor Which he is arraigncd.
The business Of clnpancling a jury was
proceeded with; the regular Panel was OK
haustcd and five only obtained when tales
were summoned by the Sheriff. The whole
number called to the stand Including the
regular pancl) was fifty; tn defence chal,ns-
cd twenty-five extent it could go-and
eighteen had formed opinions. The twelve
selected were:
John Grant, Samuel Miller,
Robert Gather, joseph Hanna,
Geo. w. Boulder, Benz. Miller,
Lawrence Scntman, Ellis Jones,
Thomas l1ouldcn, j. w. Freeman,
John Smith, Thomas Taylor.
The Jury were not sworn, as the time for
adjournment had come; and their not being
sworn prevented the necessity of keeping
them together for the night.
On Wednesday morning the counsel for
the defence, when the jury were about to c
sworn, stated that from certain facts which
had come to their knowlcdgcd since the court
adjourned the previous evening. they were
compelled to ask a postponcmcnt of the case
until they could procure the attendance of
two other witnesses. TO this the counsel for
the state objected, and after some time the
following affidavit from the prisoner was pro-
duccd -
'' vs Indictment in the Circuit
Robert Swift Court for Cecil county.
The dcfcndent in this case, Robert Swift,
suggests to the Court here that he cannot
safely proceed with the trial Of the above case
without the testimony Of Henry Swift, by
whom he expects to prove that short time
before klhour was Shot, he, Kilhour, stated
to witness that man had threatened to as
sail him that he expected an attack and
wished Swift to stand by him; but did not
name the person, but said he belonged to the
Railroad. Nor can he safely proceed with
the trial Of this case without the testimony of
- kilhour, widow of the deceased Jcre-
niah Kilhour, by whom he expects to prove
that no unlawful intercourse ever existed be-
tween the said Mrs. Kilhour and the dtfen-
dent; and that there never was any design on
her part, in the event Of her becoming a Wild
ow, to marry this dcfcndent, and that there
never was anything done or said by this de-
tendcnt, to induce her to believe that this de-
PENDENT entertained any such wish or design:
that he has used due diligence to procure the
| attendance of said Henry Swift, and that be-
ing ignorant of what proof was necessary for
his defence, and having no means of procuring
messengers to 20 for witnesses who could not
be summoncd; that last evening his counsel
sent for Mrs. Kilhour, and the mess, niger sta.
ted she was sick and had no money to pay
her expenses to come if she were well; that
he believes if he had a delay of u month OF
TWO that he could procure her attendance
that his counsel have promised to see her ant
furnish her with means of attending.
The Court thercupon granted a postpone
ment of the case and fixed Monday, the 30tl
of October, inst, for the trial
D-It was, and remains our intention t,
report this trial at length. The above bein!
in type we print it, to show what progress
was made. The trial will be highly excl
ting one; there are many witnesses from lIar
ford present, and it will probably occup,
several days.
jeremiah Kilhour who was shot in Angus
last, on his own door sill, was the gardener Q
Maj. Trimblc, at Edgewood, in Hartford coun
ty. 1t is alleged that Swift had held an i'll
proper intimacy with the wife of the dcccas
ed, out of which the shooting finally grew
Whether the charge be true or false we SUP
pose will be shown by the trial.
| PENNSYLVANIA u S. SENATOR Judge Con