The Cecil Whig. [volume] (Elkton, Md.) 1841-current, 1869-10-02

Each Juror, before he could be sworn as
such, being required to answer upon oath,
in the negative to the following questions;
Have you formed or expressed any opin-
ion as to the prisoner at the barr
Are you sensible of any bias OF prejudice
in your mind for or against the prisoner?
Have you any conscientious scruples upon
the subject of capital punishment?
Mr.. Torbert, who assisted in prosecuting
on behalf of the State, proposed asking,
also, the following question:
Have you ever said, or do you now hold
the opinion, that white man should not
be convicted of the murder of negro,
upon the testimony of negro?
The Court, however, refused to allow the
question to be asked of the jurors.
The twelve jurors having been finally OBJ
| tanned and empannelled, they were charged
by the Clerk, and the examination of wit
nesses for the State proceeded, the Court
holding night session.
The first witness called was Aaron Ben
ton, (colored,) who testified as follows:
Aaron Benton (colored) sworn.-Was in
the wheat field of Mr.. Cruikshanks on the
afternoon of the murder. 1t was on Fri
day. about two hours by sun. There were
four other colored men besides myself at
work, named Sam Jenkins, jim Jones, John
| Byard, and Bill Flammer. We were all
standing in Il row, binding wheat, Flam-
| mer being the highest man up in the field.
Don't know how far apart we were. Flam-
mer and | were about eight feet, think,
as we'll as can tell Had my back to Flam-
mer Mr.. Potter passed by me towards
Flammer, Just as l stood to pick up some
sheaves, While STOPPING heard Potter ask
Flammer "why did you leave my field?''
and before | could set the sheaves down,
heard the report of pistol. Looked around
and saw Bill Hammer down on the ground.
Potter said to me pick him up, and carry
him to the house. Answered, | will not,
till | see Mr.. Cruikshanks. Called to n boy
to take the horse out of the reaper and 90
for Mr. Cruikshanks. Then started to-
wards the big house, and met Mr.. Cruik-
shanks. Came back with him to the field,
and helped him to take the body of Flam-
mer to the barn. Mr.. Potter, after shoot
ing, returned towards the house the same
way he came.
Cross examined-Do not know whether
Mr.. Potter had his coat off or not did not
notice had my coat off can't say whether
the other hands had or not. 1t was warm
enough without them. Do not know any
thing about distance, but Hammer and
were about eight feet apart. Never said tc
Mr.. Ferguson that Potter did not intend
to kill Flamner." Do not know the day
or month know it was on a Friday. Dc
not know one month from another.
James Jones icolorcd) sworn.-Was il
Mr.. Crukshanks' field binding wheat OF
the day of the murder. 1t was on Friday
about two hours by sun. Mr.. Potter rode
up. hitched his horse to the fence, and came
into the field. Walked towards Flammer
and when he got near him, Potter asked
him why he left his field, and immediatel.
raised his pistol and fired. Flammer made
no motion, nor did not say a word. Potte
spoke to me as he passed; said "goot
morning. Was standing facing Potter
waiting for the reaper to come around
Heard plainly everything. Nothing wa
said but by Mr. Potter. He said to Flam
mer, "why did you leave my field -
There was no interval between the remarl
or question of Potter and the discharge o
the pistol-he fred just as he uttered tin
, last word. | ran and got on Il horse, takel
f from the reaper, and rode towards Mr.
, Cruikshanks' house. 1t happened on
Friday; don't know the month. Had
, fair view of both Potter and Hammer Will
Potter was asking the question, and whel
he fired the pistol did not hear Flamme
say word or make Il motion. 1t wa
+ about two hours by sun. Had talked witt
, Flammer that day. Did not hear Potte
4 say anything after the shooting saw Pot
@ ter from the time he entered the field til
he left, and the field is perfectly clear--n
: tree or bush to obstruct the view.
n Cross examined.-Pottcr came into tn
: clover field next the wheat field through
= gate; he passed all the hands on his wa
c to Flammer. Jenkins was next to me fac
|, ing towards me, about as far from me a
J. from the end of this room to the edge G
d the pavement outside, about 60 feet
: From the best could see of Benton, h
d was right along side of Flammer. Pottc
drew his coat off just after he passed me
II he was then about halfway between IN
e and Benton. After | heard the pistol,
did not go towards Flammer. When sc