The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1871-04-15

Second Days Proceedings Before tn
Court at Frederick, Ed.
A Jury Obtained and the Examination Of
Witnesses Commenced.

The court sitting for the trial OF Harrison Draw.
ford Block for the murder OF w. W. McKaig Jr, q.
sembled for the second days session at nine O'Clock
yesterday morning, with a full bench. as on Thurs
day. A few minutes after nine the prisoner was
brought In, when Judge Maulsby stated thai all the
eighteen talesmen drawn on Thursday had been
summoned and were In court excepting one and he
desired to know whether not the defence were
willing to proceed with the call OF Jury before thas
one arrived.
Mr. Nelson. for the Defence stated that they were
willing to proceed.
The Clerk then proceeded to call the names OF the
taesmen summoned. Five were found VINO had not
formed or expressed an opinion but they were chaI
lenged by the defence. The sixth was accepted q
sworn The seventh mad formed and expresses
opinion In relation the and was disqualified.
The eighth and ninth were accepted ana sworn az
jurors, which completed the panel. For moment
after the jury was announced complete an almost
audible hum was heard throughout the court room;
but it lasted only for moment, and was disturbed
by the Sheriff, who commanded silence, and Judge
Mausby asked If counsel were ready to proceed.
Both prosecution and defence declared themselves
ready. The Clerk then arose ana called to the
prisoner to stand up. At this juncture
DEATHLIgE SILENCE REIaNED
IN the room, and the immense crowd almost held
their breath, as all were eager to catch from the
Clerks lips every syllable OF the indictment that ne
held In his hand and was about to read. The
prisoner stood up ana the Clerk In clear and dis
tinct voice, began reading the accusation. 1t was
In form and wording the usual indictment framed
In such cases, clad with all the redundances known
to legal phraseology, and specified to nlce.y all
the factsof the shooting. The reading Of the docu.
ment occupied about ten minutes.
The reading finished Judge MaulsDy again inter-
rogated the attorneys to whether they ready
to proceed with the examination OF the witnesses.
Both parties replied In the affirmative The Clerk
then began TO coll the list of witnesses for the pros
ecution. This occupied some time, as there we're at
least 1.y present. and several were called that aid
not answer to their names. After they had oil been
called and sworn, Isaac d. JONES' the Attorney Gem
eral of the State Of Maryland arose to make
THE OPENING STATEMENT TO TaE JUDGE FOR THE
PROS sCUllON.
He first began by explaining why 1t was ne was
here as counsel In the case. He stated that IN
cases like thus, that or great public interest,"
1t was his duty II called upon by the States
Attorney OF any county 10 assist IN Representing tho
interest OF the STATE lie was he said. here today
In obedience TO call from tho prosecut-
Ing attorney OF this county. He then went
into q lengthy argument upon the law az
applicable to this case and cited several
authorities He stated that they expected to prove
that Mr.. Block was seen on the morning OF the
trial at an early hour looking In at the window OF
McKaig's business; thar he was afterwards seen
upon the principal thOroughfare OF Cumberland
looking IN the direction in which McKaig would
come ON his way TO his place OF business; that when
he (Block) saw McKaig coming he went forward to
meet him, and as he approached near to him drew
revolver and shot him dead.
MIR. A. X. Syester for the defence stated that they
would reserve their opening statement unl inc
prosecution had put III their evidences, that they
m UeclaraL0u
OF the counsel for the State.
THE TESTIMONY FOR THE PROSECUTIONS.
Tho Court then directed the prosecution 10 cali
their witnesses.
DR.. r. A. Healy took the stand at precisely twelve
berand, Nd, and practising physician o. taat
place. and that his once Is Directly opposite where
that between seven ana eight O'Clock ne saw Mckag
coming down the street on the way to his place OF
business: moment alter he saw Block coming ron
an opposite direction; when near Mckaig he quick
ened his pace, and as they met Block drew re-
voIver amt shot him; Mcllag threw up his hand AZ
street when the midile Of tue street Block io
lowed him and shot him again; ne reeed across tns
as he gained the sidewalk Block fired the,
third time; McKag recovered himself by catching
hold Of sga-post but ony aed u as se &c, LAND anu
again; when about the centre OF the street, rs ne
was about falling TO the ground, Block hred the
v ny dsbp5!s s q ssjt bSS1 where sssss
body lay; simultaneously upon arriving Oh the Side
SnlIh who was leaning over the body SAID ''Don't
| shoot;, Block said, evidently addressing ackais.
nas What you sst or FILMING , my sSssr ana y
got another charge for any damned scouudrel thhs
says have done wrong;' Dr. smith EXCHANGES,
street:n the witness then went INTO bis 0ice and
moved the chairs aside TO make room for the body;
they Immediately brought it IN; the witness then
lett and did not see the body again.
The crossexamination did not develop any new
facts or change the evidence above given.
Mr.
prosecutor but his testimony was substantially the
same ~ Dr. Heay's.
that he resided In Cumberland; was Q practising
physician there; that he examined the body Of
three gunrhot wounds, either OF which would
| have been sufficient 10 produce dea!n. VIZ
ho odI and testided that he took item thererlorl
w. W. Mckalg, the fatnef OF the deceased, was
sworn bv the prosecution and identified The clothes
a. those worn by his son, W. w. MchalY, Jr.,
/ The next witness called for the prosecution testi
fed thai ne saw young Block passing the foundry,
the place OF business OF W w. Mchaig, Jr., between
seven and eight O'Clock on the morning Defore the
waking ieisurely, with MS face turned towards the
foundry oice door or window, as though trying 20
look IN; that after he passed the ioundly ne quick
Block had on an overcoat, ana had MS hands In tbs
side pockets. $1,000,
the bridge and afterwards seeing hun yiug upon
his face dead, ana young BLOCK standing over nun
VIII u pistol III his MAUI.
Alter the examination OF this witness Judge
Maulsby stated that before an adjournment was had
he desired to the Jury against reading news
paper accounts OF the trial, and or holding CONVEX
sation upon tue subject oil the trial with any one or
allowing any one To converse upon the subject In
their presence. lie said he desired also to warn tho
public against enuelvorng TO nave any intercourse
whatever with any Of the Jurors, and that any en-.
deavor do would be punished TO the iul extent
OF the law. 10 was, he SAID the desire OF tho Court
that Jurors should report any case OF attempted In
tercourse with them.
The court then adjourned until this morning at
nine O'Clock.
rae interest In this case seems 10 be increasing
hourly. Not a train arrives that does not bring
strangers who are drawn by On Interest In the
trial The Jury drawn for the trial OF this case 70
composed OF the very best citizens or the county,
who have evidently been selected for their intell-
gence and standing IN the community. AL arc
farmers OF large means except two, who follow
merchandising FOR livelihood. The interest In me
w not be fully developed unlil the defence be-
gins the examination OF their witnesses.