The Democratic advocate. [volume] (Westminster, Md.) 1865-1972, 1872-06-08

the said Joseph Davis. the said murder IN
manner and form aforesaid, to do and
commit, contrary to the Act Of Assem-
bly, in such case made and provided, and
against the peace and government aud
dignity Of the State,
RIcHARp d. NonMENr,
States Attorney for Carroll county.
The following is list Of the witnesses
summoned in the case
For the State Mrs. Mary Lynn, Mrs.
Louisa l.ookinghill. Israel Rineharl, Reuben
Savior, Israel Norris, John Feaser, Vim
Brightwel, Theodore Burke, Thomas Ras.
sell, lewis Lynn, Jonas Euglar, Adam
Fuss, N G. Mckinstry, DR. + o. Manakee,
Jesse Andcrs, Joseph Wilson, Dr. VIM.
n. Martil, benjamin Harp, Dr. Moore,
Mary Lewis, Francis White, Abraham Ston-
er, Of Frederick county Charles Il. Smith,
John L. BLOOM, David Huugh, John A.
Rooms, Henry Englar, VIM. Bowman, DIR.
X. j. Hall, Of Baltimore city Mrs. Reuben
Southgate, Mrs. Jane Kelly, Samuel
Anders, Mrs. Joseph Wolfe and Professor
Christopher Johnston, Of Baltimore, Jonn
II. WiuemiIlcr, John Myers. Ham mond
bern, George Winter, Samuel Skunk, Dan.
lei Wolfe, Peter II. Shriner, J. {. Shriner,
John I. Messler, Dennis II. Clemson,
John L. Senseney, Joseph Moore, Daniel
Rinehart. John Delaplane, Robert Williams,
Joshua Switzer, D. Byrely. Mrs, Mary Hill
tabridle, Samuel Fair SAM. Eyler j. W
Shoemaker, Alt Warner, Wm. Rout, John
NJ, Wolfe,
For the Defence. John A. Kooniz,
Abram Deal, Lewis Ecker. Francis MeGin.
mis-, VIM. McGianis, David Johnson, Abra
ham Null, Jesse Fox. Daniel Saylor (ali of
Frederick county,, Miss Elizabeth Andrews
WIN. Wilson, Joseph Wilson, Harry Wea.
yer, Samuel Anders, Howard Hnrtsook
John O. Senseny, David Albaugh, John
McHiuslry, Rob Williams, H. l.. llressler
A. J. Grab bs, Prof. A. B. Mclaughlin,
VIM. Name, James Name, Chas. Sgiith
John Delaplane, Joshua Delaplane, Deborah
Hughes, Joseph Mcl<insiry, Theodore Hid
berI, Mrs Jane Southgate, Capt. Louis
Byers, DR.. Levi Roger, DIR. Jas. H.
Bilingslea, DR.. j. W. Herring, DR.. Birnie,
David Hartman, Hamilton Suonsell. john
I. Messler, Daniel Rhuehart, Israel Norris,
Joseph Moore, Jasper c. Shriuer, Peter
II. Shriner, George Wilson, Daniel Wilson,
Clayton Englar, Lincoln Riuehari. Samuel
Mckiustry, Charles Albaugh, Albert Gya,ty.
Mordecai Gospell, Eli Hiltabulie, David
johnson, John Whileley, Joshua Koontz,
UuAh Six, Josiah Engar, Dr.. Hines, Dr.
+. Batter; Peter d. hooutz ani Ia. j.
koontz, Of Frederick county; Daniel j.
Sayler, Abraham Deal, VIM. McCiiluis AMI
Francis McGinnis.
The witnesses for the State and Defence
were then called aud sworn or affirmed as
they desired. The crowd continued to ia
crease to such an extent, that the Court
were compelled to have the doors opened,
notwithstanding the iuc!emency OF the
weather. DLriag the selection OF the Jury
and swearing the witnesses, the greatest
dceorum was observed. The States Attor.
ney, Mr. Norment, then made the opening
on the part OF the state, the prisoner, Davis,
paying strict attention, aud eagerly watch.
ing the eountenances Of the Jury.
Mr.. Norment read from several Law
Books, in regard to circumstantai evidence
and continued his remarks at length and
went over the proof on the part . 1 the State,
describing the wound inflicted on Lynn,
aud by which he came to his death that
he had large sum of money on his person,
which was known to the prisoner, aud the
great indifference exhibited by the prisoner
when he was informed Of the death of Lynn,
and that he did not show any disposition to
20 TO the mill, etc. Col. Maulsby, counsel
tor the Defence, then followed, at l. 20.
he spoke of the good character of the
priso and OF the confidence in VIII ieh be
was held by the community ut large; aud
also stated what they expected to prove
in the trial. Exception taken by tie
State against the defence arguing the case
in his opening statement; objection sustain
ed. During tile speech of Col Mauisby the
prisoners c0unLrnalce frightened up very
much, and gave, on being asked question
by his counsel, q clear aud distinct answer,
audible at some distance; the counsel rca
at some length from Greenleaf on testimony,
as well as other authorities. Judge Maulsby
stated that the testimony OF the alleged
accessory j. Hamilton Sheu, had been sup.
pressed ut the Coroner iBques;, aud that
his testimony would have proved the in
noccnee OF the young man at the bar. lie
further stated that his indictment as an
accessory, and the consequent closing Of
his mouth, was the only possible chance
which the Stue had to convict the prisoner.
The States Attorney interrupted the
counsel, and reminded the Court that the
counsel for the defence had yesterday pro
posed n JOINT trial.
The counsel for the accused resumed, and
closed at 2, ?. NJ alter having spoken for
an hour and half.
Adam Fuss was FIRST called, and testified
in answer to the State Attorney reside
near the mill where hr. Lynn was killed I;
on Friday evening, the 9th of April, Mrs
Lynn came to my house and asked ii had
seen SIR. Lynn | told her had not seen
him since diuner DR.. Martin was then at
my house at her request | went to the
mil with Mr.. Sheu Sir. Sheu first got u
eolored man some meal, and we then
searched on every floor as we got to the
step leading to the wheat sink Mr. Sneu
said, ave have looked everywhere but in
the pen stock and the wheat sink F" We
then looked in the pen stock and the wheat
sink, and | found his body in the wheat
sink he was on his right side, with his
head hanging over told Mr.. Sheu to run
to Israel kinehart 5, and sent boy to
Peter Shriner's II was abo t clock
that | found the body; think Mr.. Peter
Shriner first arrived, and then the neigh
bors began to assemble | suppose twenty
men or more came before the body was
taken out; William Rout went down for
the body before It was taken out Mrs.
Lynn came aud told her had found him,
and took her to my house Mrs. Lynn
said he had some money about him DR..
Maunkee examined the wounds, and found
SlU5 ia his pocketbook Martin Wolfe and
several others were at the mill when lett
to go to my house on Saturday morning
tho ueighboFs gathered AMI sent for Nj.
Swilzer TO hold AN inquest; no part of the
mill was running when entered, and do
not know at what time 1t was stopped
Running.
To exJudge Smith--Mrs. Lynn came to
me about fifteen minutes before O'Clock
expressed her alarm, and asked me TO look
for her husband; we had eaten supper by
candle my house is 30 yards distant, i'm.
mediately opposite the mill the front Of
the mill and the saw-mill are IN full view
oil my house and Mr. Lynus on rainy,
clustering days it is the custom 10 keep the