The Cecil Whig. [volume] (Elkton, Md.) 1841-current, 1859-02-19
Proceedings OF the Circuit Court.

The February term of the Circuit court
for Cecil county commenced on Monday last ::
Hon. John ii. Price, Judge, on the Bench
The following have been the proceedings, up
to the closing of our report, yesterday.
State Us james Reed; Removed case from
Hartford county; Indictment for house break
ing verdict guilty. Jones and Evans for
State; Batcman for defense.
Same Us same; Indictment for Larceny ;
verdict guilty; same counsel.
State rs William Norris; Removed case
frou IIarford; lndiclm, mt for louise breaking;
verdict guilty; same counsel
Same is same Indictment for Larceny ;
verdict guilty; same counsel.
State Is VIM. Thomas Enmons Indictment
for selling liquor without licenses plead
guilty; fined $1,000 and costs.
State rs Michael Harris; Indictment for
Larceny; verdict guilty; Jones for state.
Rowan for defense.
State rs Lawrence Simmons; Indictment
Tor an assault and battery on John Kielcr
tried before the Cour'; guilty fined SIC go and
costs; Jones for state, Crrswcl for defense,
State Us James Waters; Indictment for as
sau!t and battery; plead guilty of common
assault; fined l2a cents.
State Us Geo. W. Denny Indictment for
ling liquor, and allowing 1t to be drank on
the premises; plead guilty fined $1,000 and
costs.
Trial for Murder.
State OF Maryland Us James Harley; indicted
for the killing Of John Murphy, in Hartford
county, on orabout the 9Th day of September,
1858; "a removed case from iIariord)
Counsel for The State: Wm j. Jones Edwin
II. Webster and VIM. II. Dallam, Esqs. For
HE Defense: Ohio Scott, Ii. Mccullough, A.
W. Bateman and Archer jarrett, EsqrS.
The following jurors were cmpaEclled -
Lawrence Seminar, Geo. r. Howard, John
Curry, Larason b. Carhart, Andrew Bricklvy
VIM. McNamec, D. ID. Pcarcc, Jr., John
Aldridge, Andrew Or, Basil Haincs, Vim. Il.
Miller, Amos Ewing.
Vim. II. Dalam, Esq, States Attorney for
Hartford county, opened the case for the
prosecution with statement of the facts as
they occurred. as the State expected to show
by the evidence in the case. The witnesses
were then sworn, and testified, substantially,
as follows:
George Howe.--Was at a quilting party
at John James on the night ofthe 7th of Sep
TENDER, 1888; the prisoner and Murphy were
there; do not know that any difficulty occurred
between them at the house Murphy and
witness left the party between and o clock
at night; when about 50 yards off prisoner
halloed to NJ. to stop, and came on and over
took them, walked around NJ. and asked him
what he had been saying about him. Murphy
said he had mt been saying anything. He then
caught NJ. by the collar with his left hand and
struck him four or five blows on the head
with club N. fell and the last blow struck
the fence. Witness told Harley to stop, that
M. had enough ii. said lie there you s. of
b. with your head under the fence
fnI lnI tln 4 4 1
back that if Murphy had any friends he could
serve them the same way. The club was three
feet long and thick as the leg of a chair q.
inches) ut small cnd-Uther end larger
he held il by small end he carried it under his
coat till he drew it to strike. Hadn't seen II.
il the house for half an hour before they left.
Murphy fell dead, lay awhile, then struggled
told him to get up he couldn't. W illness
then helped him up and took him back to his
home-he couldn't walk without assistance
Witness searched for the club afterwards, but
could not find it.
Cross-Eaumined. There were ~ or Is
at the party. James lives near Rogers
Forge; didn't see either of them drink they
showed no evidence Of having drank-dont
know what they quarreled about--dont know
that both were sparkling the same girl. NJ.
was down when witness told Ii. to stop stri-
king; witness was then fifteen years old.
Robert L. Morgan. Reside in Hartford;
had known the prisoner about 3 months when
the killing took place; has known Murphy
10 years. Was called in to see Murphy after
he was beaten; found him insensblc, with
several cuts on his head, and his eye severely
hurt and partly protruding from the socket
Murphy died on the same day, (Sept. Sth,)
about sun down. Witness searched for the
weapon used by Harley, but did mi find it.
DR.. Stias Scarborough. Was called in on
Sept. 9th, at O'Clock z. NJ, to see Murphy;
found him insensible, entirely speechless
breathing low and heavily, with his pulse
feeble. Found several wounds on his head
Told his friends he would die in halt an hour;
he died at O'Clock. Believes from the aI,-
pearance OF the wound that it was made with
blunt instrument. Made post norton ex-
animation next day in connection with DR..
Killgore. Took off the scalp and discovered
large fissure, caused by the blow. Sawed
open the skull, and found about a half pint of
blood inside the blood upon the brain pro
daced the death Of Murphy and the dis