The Democratic advocate. [volume] (Westminster, Md.) 1865-1972, 1872-10-05
LOCAL INTELIIaENcr.

lie Ducts-L9Rn Iftot-- OohgtCttOh
Of Dapis. Joseph w. Davis who has
been on trial at nagerstowu for the
murder of Abraham l.. Lynn, was con
yicted Of murder 10 the first degree on
Saturday last The Court limited the
argument Of the counsel on each side,
in the aggregate, to seven hours, the
division Of time among themselves be-
ing left to their own discretion The
case was opened for tho State by Il B
Norment, Esq who was followed on
the part OF the prosecution by Mr.
zeller, the States Attorney Of Wash
iogtou county, aud Hon. John Il Smith
The case Was argued for the defence by
Messrs. Bond, FreaDer, Neill and
Maulsby, the latter making the closing
speech ou that side, Attorney General
Syester closed the argument on the
part Of the State, about 2 o'clock on
Saturday, shortly after which the cause
was submitted to the jury who retired
to their room, Not more than an hour
aud a half had elapsed before the Court
was Informed that the jury had agreed
upon a verdict. As soOn as it was
known 10 the town that the jury had
agreed on their verdict there was a rush
for the court room, aud in short time
it was packed to its utmost capacity
The prisoner, when called upon To
stand up aud hold up his right arm, did
so for moment, aud then sank back
into his seat, completely uunerved. The
prisoner replied, in answer to kindly
remark Of the sheriff to the effect that
he must endeavor to bear up under his
weight Of woe, that They can hang me
but they can't scare NE !" The Ha
gerstown T1iee-d- Week says ;--"The
jury that tried him is pronounced the
best twelve men ever gotten together
in this county on an occasion similar,
The verdict is generally approved by
this community"
The correspondent of the Baltimore
Sun says!
In the Circuit Court for Washington county
before all the judges, and the counsel engaged
In the trial of Joseph Davis for the murder Of
A. L. Lynn, the consideration of the bill Of
exceptions TO the rulings Of the court offered,
by the prisoners counsel in aaid trial was
continued from yesterday. The bills OF excep.
ton hrst presented 60 the court by Mr..
laulsby contained 100 folio pages. aud inoiu-
ded all the evidence taken in the case. The
court declined to sign the bills 10 this form,
and directed the counsel for the prisoner u
put in such evidence only as was necessary 70
explain the point excepted 10, as prescribed By
the 18th rule OF the Court OF Appeals. They
were then reduced TO thirty pages, Numbering
sixteen bills, after which they we're read,
discussed and amended so as To meet the
concurrence OF court and counsel on both
sides. They were then signed By the court
and filed by the clerk, aud the usual affidavit
made by counsel Tor prisoner that the appeal
was not taken Tor the purpose OF clay. The
court then stated that the sentence of Joseph
Davis was suspended until the action OF the
Court Of Appeals was bad in the case.
Mr.. haulsby then offered al additional,
paper or bill Of exception to the ruling of the
court in excluding the evidence in The bills Of
exception as trst presented BY him in his bills
OF exception. The court declined to sign the
paper, but stated they would give him certi-
6cate Of the fact that he desired to include
certain additicna! evidence In the bills OF
exception.
Mr.. haulsby then 6lsd motion for a new
trial In the case Of Joseph Davis, on the ground
OF his conviction upon insufficient evlden CO,
&C., which the court overruled.
Mr.. hauisby then moved that J. Hamilton
Shue, indicted as an accomplish Of Davis, du.,
be now put upon his trial. The prisoner was
ready for trial, and elected to be tried before
the court, without jury. lis counsel would
call no witnesses, but would submit the case
% their honors upon the evidence already
before them in the case OF Davis. His client
was entitled to speedy trial aud both caAes
bad been assigned Tor trial at one time.
h.a al fN-f
Zeller, State's attorney, and the Attorney Cen
eral, objected TO the trial Of Shue at this time,
upon the ground that the witnesses had ali
been discharged, without objection or notice
to them by prisonsr's counsel OF his desire or
intention TO put shue upon his trial, Also that
the prisoner could not demand trial accord
ing 20 the record Of this court, iuasmuch as the
recored 10 Shues case had not been sent up
uatil four days after the last sitting of the
court, and not al the same tet I'm as the record
In Davis's casej also that the State had add
tional evidence to oier in Shues case to that
presented on the trial of Davis.
The court decided that as tho record Ia
Shue's case was not before them at the time
Dasis's case wss assigned for trial, the court
could not have acted Ia bis case, or ASST med
IL for trial at the sane time as Davis's case.
Besides, be was not entitled To be tried at this
term. The judges 4 this circuit we're obliged
10 bold 4 court In Allegany county on Monday
next, DC. The court overruled the motion,
and poisoned Shue's case to November term.
Mr.. haulsby then moved the court to admit
Shue to bale and to fix the amount
The court, after consideration, fixed the |
amount of shue's bail at 81, 900.
Mt. haulsby then offered himself as security
on Shue's bond Tor 5000, which the court |
declined to accept, on the ground that the |
attorneys Of the court were officers of the
court, and that the rule of court prescribed |
that no officer Of the court could become a |
party to bail bond in said court. The court
said the clerk could accept any responsible |
parties as bail for Shne.
The court then adjourned % the second Mon |
day in November.