The aegis & intelligencer. [volume] (Bel Air, Md.) 1864-1923, 1869-05-14

were engaged to be married he had asked
for and obtained my consent to their mar
rage.
The State here objected to the witness
deposfng to the declarations Of McComas
as not tending to show the guilt or inno-
cence of the prisoner, and asked that the
counsel for the prisoner might explain
their line of defence, so as to make known
the relevancy fthe questions asked that
if insanity was the line of defence, door
would be opened to wide field of inqai-
ry..
Mr.. Archer, for the defence, replied in
substance that the questions asked were
for the purpose of showing the intimate
and friendly relations subsisting between
McComas and Miss Cairnes. The State,
he said, had the right to go back to prove
malice, and the defence had the same right
to go back to prove want Of malice.
The Attorney General said that if the
defence would adduce evidence to show
that the lady was not of sound mind then
the State would know what course to pur-
sue. The State had gone into no antece-
dent relations, but had shown the circum-
stances ofthe killing; that the law allows
no provocatibn to justify killing; and de-
sired that the evidence be confined to the
condition of the prisoners mind at and
about the time Of the occurrence.
The Court decided that the previous re-
lations existing between the parties could
be brought in evidence.
Examination of Mrs. Cairnes resumed
McComas asked my consent about Novem
Der, 1865; he was received in my family as
the sutton of my daughter, and was so con-
sidered and treated; preparations for the
marriage were made, dresses, &C.; the pro-
posal was made in the fall; he said he
would be married in the spring; he put
it off until September, and then put it Off
from week to week, until was told he had
left the neighborhood; the last time fixed
for the marriage was in November, 1858;
l met him at Mr.. Smithson's; he told me-
(Witness here seemed about to repeat Nc
Comas' words.)
Objected to by the State. but the Court
decided in favor of the defence.
Witness continued-I met McComas at
Mr.. Smithsons on Monday, and the mar
riage was to take place the following
Thursday; he never came to my house Of
forwards; my daughter suffered much dis
tress of mind in consequence; she was con-
fined to her room and to her bed between
November and April; my daughter is now
that fact when he last promised to marry
my daughter.
Question by dofcnce-Did he recognize
himself rs the father of that child2
Objected to by the State on the ground
that the defence could show the intimate
relations that existed between the parties
but could not show by the declarations Of
McComas that this intimacy was immoral.
Objection not sustained.
Witness resumed-I asked him what he
was going to do in Martha James case2
said, mick, are you going to marry Martha
Jane" he said II am; you will not think
less of Martha Jane 2" l told him no, that
l would never turn her out of doors he
said he would take her to Baltimore, marry
her and take care of her; I asked him if he
was coming to the house before that time !;
he said he was; he did not come on that
evening" and my daughter waited for him
until four o'clock the next morning, and
then went to bed weeping; was afraid she
would lose her reason, Judging from her
manner, department, &C.; she had never
been away from home afterwards, until the
10th of April; she was confined on the list
day of January: she had wedding ring;
she has it on her finger now.
BY the State-It was at Mr.. Smithson's,
in November, 1868, when 1 asked Nicholas
McComas if he intended to marry my
dau 2hter, and he said he would come the
following Thursday; in November, 1865, he
asked my consent to the marriage; there
were periods during 1866 and 1867, when
he spoke of marrying her; said he did not
want to get married until he could get q
regular situation-some place he would
have for several years; periods were fixed
for the marriage in the fall of 1867; it was
then postponed until the spring of 1868 z;
my daughter was always cheerful in his
company, and as cheerful as could be ex-
pected when in the, company of others, but
had shown great distress for the last fifteen
months.
The Court then adjourned until Friday
morning, ct o'clock.