The Cecil Whig. [volume] (Elkton, Md.) 1841-current, 1869-10-02
to the house, | saw Mr.. Potter and MI

CrulkshankS talking.
Samuel Jenkins (colorcdN swon.-Wa
III Mr.. Cruikshanks' field on Friday, tn,
day of shooting. Mr.. Potter rode up
htchcd his horse to the fence, and cam'
/ into the field. 1t was about two hours by
sun. When he came by me he had moth
ing in his hand. He passed up TOWARD
Aaron Benton and Bill Flammer. I wa!
STOPPING down binding wheat. While
was STOPPING heard the report of a pistol
looked up and saw Mr. Potter standing
with pistol in his hand, and Bill Flammel
down on the ground. | was STOPPING will
my face toward Potter and Flammcr.-
1 Potter had passed close by me, walking IL
! his regular walk was about eighty yard:
from Flammer could not hear what was
said could see Flammer on the ground
! he was on his back. The murder occurred
! in June; it was on a Friday; don't know
/ the day of the month. 1t was about two
! hours before sun down. Did not go close
! to Flammer; jim Jones was between me
/ and Flammer John Byard was behind me
| he was the lowest man down in the field.
Cross examined-Mr. Potter, as he passed
by me, said, chow do you do, Sam ?''
worked two months with Mr. Potter; he
talked that day in his usual manner
| Flammer worked with Mr.. Potter at the
same time did. | was raised in South
| Carolina. Don't know how far it is from
where the shooting took place to MI. Cruik-
shanks' house.
John Byard (colored) sworn.-Was in
Mr.. Cruikshanks' field on the day of the
shooting, shocking wheat, Mr.. Potter
came into the field, and asked me if Bill
Flammer was there. I told him he was
he then went towards Flammcr. | saw Mr..
Potter point pistol and fire he then re-
turned from the field the same way he came.
| was looking toward Mr.. Potter when he
came into the field. | could not see Flam-
mer; Potter was between him and me-
Benton, Jones and jenkins were also be-
tween me and Flammer. | did not go to
Hammer until they went to take him up.
Potter had pistol in his hand as he left
the field did not see any as he came in
1t was on a Friday evening, about two
hours by sun ; don't remember the month.
1t was near dark when they went to take
Flammer up; Flammer was shot in the
head over the eye. Think it was about a
quarter of a mile from where Flammer was
shot to Mr.. Cruikshanks' house.
DIR. Harry Cruikshank, witness for State,
sworn-Am surgeon saw the body of
William Flammer on the Saturday follow
ms the day he was shot. 1t was in the lat
ter part of June. The body was lying in
the barn of Mr.. Cruikshanks there was
one wound in the forehead it was fatal
wound it looked like gun shot wound ;
did not examine it very thoroughly; the
ball struck on the right side of the head
and passed in an oblique direction toward
the left side.
John Colder (colored) sworn for State
Lived in Sassafras Neck in the month of
June last. The evening before the murder,
Mr.. Potter and ! were getting ready to cut
wheat. Mr.. Potter told me to tell Bill
Flammer, when saw him, "that he WIS
as ready to die as he was, and the son of a
-, he intended cutting the hide off him,
if it took ten men to do it, This was the
day before the shooting, on Mr.. Potter's
farm.
Cross examined-This is all the talk I
had with Mr.. Potter at the time it was as
soon as got done dinner. Perry Harris,
little boy, was present. Never told this
but once before told it to Mr.. Knight as |
have told it here. Since you mention it, |
remember having told it to Mr.. Biggs he
asked me about it; told Mr.. Knight of it
ON the home farm talked with him then,
and also while I was sick. Mr.. Ward was
present. Was sick in June, just at harvest;
was sick month was out of my mind at
intervals during my sickness. The CONVEX
sation with Mr.. Potter about Flammer took
place before | was taken sick.
The above was all the testimony on the
part of the State. Some twenty witnesses,
among them the most prominent men in
the neighborhood, were examined and test
flied on the part of the prisoner. 1t was
mainly as to his good character and reputa-
ton to his habit and the custom of the
people generally in that neighborhood of
carrying concealed deadly weapons. Some
of them were questioned as to contradictory
statements made to them by the witness
Calder, but his statements only appeared
to differ in certain words, he stating some
times that Potter said he intended to
sskilr' Flammer and at other times he said
he intended ''skin'' him.
None of the witnesses for the prisoner
saw the occurrence and knew nothing
about it only what they had been told.
The opening speech, in behalf of the
State, was made by II. r. Torbert, Esq,
who addressed the jury in an able argu-
ground of the ease and ridiculing the plea
of accidental homicide set up by the de-
fence.
He was followed by Jas. B. aroome,
Esq, on the part of the defence, who spoke
for one hour on Tuesday evening. The
Court adjourned before he closed. During
the above arguments the Court room was
thoroughly crowded-both inside and out
side the bar. Among those present, who
occupied seats within the bar, We're a large
number of ladies.
The Court resumed the case ON Wednes-
day morning, meeting at nine o'clock in
order to finish it that day. Mr.. Groome
closed his argument of the previous even
ing. He spoke for two hours. AT the
close some, of those present in the large
crowd, applauded with both feet and hands.
Judge Robinson Immediately raped for
order, and directed the Sheriff and Bailiffs
to arrest every person connected with the
outrage and bring them before him. As
the crowd was SO large it was impossible
for the officers to discover the parties con-
nected with the disturbance He ordered
the officers to watch carefully and see it
was not repeated, warning the parties that
if it was, he should punish them severely.
Mr.. Groome was then followed by w. J.
Jones, Esq, and the closing argument to
| the jury on the part Of the defence being
made by Henry w. Archer, Esq, occupy
ing about an hour and 4 half The State S
Attorney, n. T. Biddle, Esq, then closed
on the part of the State. He addressed
the jury for about an hour and three-quar-
ers, going over the whole ease thoroughly,
and demanding from the jury a conviction.
At half past three o'clock in the after
noon the Bailiffs were sworn and the jury
retired to theirroom Throughout the whole
day the court room was .jammed, scarcely
foot unoccupied, the Judges and Clerk S
desks even being invaded. AS on the pre-
vious evening there was large number OF
ladies occupying within the bar. Many
persons expecting the jury to stay out but
a short time. remained in the court room
others who thought the jury would not
agree, left. The Court, after the jury had
retired took a recess until the jury should
be ready to render a verdict.
Upon going to their room, the jury en-
gagged in prayer, for guidance in rendering
! their verdict.
At half past four o'clock, after being out
one hour, the Court House bell was rang,
and there was an immediate rush for the
court room, and in less than five minutes
the room was a perfect mass of human be
ings, many being unable to gain entrance
inside the doors.
The Judges took their seats upon the
bench and the jury came down and entered
the box. The Court then directed the
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