The Democratic advocate. [volume] (Westminster, Md.) 1865-1972, 1872-06-15
DAWS-LYNN TRIAL.
cONrINUED Prom raE FIRsr PAGE.
Close Of Testimony on Wednesday,
TUESDAY CONTINUED.

can't tell how to get to the water by 60
ing into the basement, starting at the
top of the steps on the second floor; hare
been frequently through the mill | be-
lieye there Is water that can be reached
in the basement, but cannot say positive.
~; don't think that it was a habit Of
Sir. Lynn to leave large sums of money
hanging up in an unlocked room in his
coat pocket, frequently.
Prof TORY was called by the State and
Judge Aaulsby for the Defence objected
10 the witness being sworn upon the ground
that under a rule of the common law, in
force in Maryland, the accused was enti-
tied to DO furnished with a list Of the wit
nesses for the State. as well as a copy of
the indictment, that he might be prepared
for his defence.
Mr.. Syester, for the State, in reply, sta
ted that the object OF cal ing Prof Tonry
was TO show that the spots on the clothing
Of Davis 10 which reference was made BY
Judge Maulsby, were too small 10 be anal
yzed, and thus explain why such an anal
ysis had not been made.
After this statement Prof Tonry was
sworn by direction ofthe Court, wherenp-
on counsel for defence demanded that the
State should set forth what was intended
to be proved by the witness The propo-
sition of the State was required TO be writ
ten and is in substance that there are GER
tain spots on the clothing of the prisoner
and upon certain MONEYS found upon his
person, which appear TO be blood, but
are too small to be determined by chem
ical analysis The witness testifed-re
sides in Baltimore; Is an analytical chem
list has been so practically since 1856.
The witness explained where he has been
engaged in pursuing his profession. The
clothes supposed 10 have been worn by
Davis on the day of the murder were here
produced and shown to the witness. The
witness testifed-has frequently made
chemical analyses of blood.
BY Defenee.-The science Of analytical
chemistry gives to the profession peculiar
means Of determiniug the presence of blood
spots, superior to the means that can be
possessed by any other profession. A So
ries of questions were propounded by the
defence, intended TO ascertain the degree
of skill of the witness in the examination
Of blood spots. These inquiries and the
answers elected, were not submitted tNthe
jury, but TO the Court, who were called
upon to determine whether the witness pos
sessed sufficient skill to entitle him to ties
tify rs an expert, as to tho presence o.
blood on the clothing. The Court decided
that sufficient foundation had been laid Il
justify the examination of the witness.
The Prof described the process Of exam.
inntion of the spots on the clothing, rela.
ting the manner by which he arrived al
| the opinion that the spots were too small
! TO be analysed, the repetition Of which /:
unnecessary. He stated that there are
several spots on the sleeve, which look sus.
| picious when examined through a magni.
/ flying glass; there are several other spots
/ the sleeve of the shirt is discolored, bu
4 - al ar1 = l.
| fore no scientific means of determining
| whether the discoloration is blood or not
| the deterioration Is greater on the outsid,
/ than on the inside of the sleeve on thu
vest ehere is ono tolerably small spot, thu
/ character Of which cannot be determined
/ there are spots in the pocket Of the yes
which are evidently not blood the size o
the spots is too small TO obtain blood glob
| ulcs.
The Sheriff was here sworn and ident
| fed some money which was taken from
the person of Davis the amount being SO
| all in So notes.
4 One of these notes was handed to Prot
TonrY who examined spot upon it
which he said looked like blood, bus b.
could not say positively that it was. Tn,
spot could be distinctly seen with the ma
ked eye
The clothing was here submitted to tn
jury, who examined them with a magnify
ing glass, Prof Tonry pointing out tn
spots.
BY Defence.-The clothes were Civ
en- to me on Thursday last in a room
adjoining the Court room, by tht
Sheriff.
Sheriff Fringer testifed-receivet
the clothes from Mordecai McKinsir
about week after the inquest the,
were brought to the Jail; remembe
that the 9th day of April last was
warm and pleasant day believe tina
Mr.. Geo. L. Wampler and Mr. Josial
Englar were with Mr.. McKinstr,
when he brought the clothes hav
kept them securely since.
Mordecai McKinstry testifed-th,
clothes were given into the hands O
Mr.. Josiah Englsr, who give them t,
me at the depot.
Josiah Englar testifed-gave tn
clothes to Mr.. McKinstry; got then
at tie mill think it was Mr.. Israe
Norris who gave us the clothes.
Israel Norris--I put the clothes il
a paper bag, around which Mr.. Levi
Lynn tied string; gave them t
him saw them in the mill room, a
the time of the inquisition saw then
again at the time OF the appraisement
they were still in the mill room, il
about the Same position as before;
gave them to Lewis Lynn.
John Delaplane testifed--I aske
Davis on the day after the death
when the barrels of -four were pu
round the sink he answered alas
week"
BY defence-I told the States al
torney withost solicitation that l ha
overlooked this matter in my test
mony in chief
Theo. L. Fritchey testifed-Saw
shirt which looked like one exhibite
in this case, ON the day of the in
quest; it was in the mill room if
IS the same shirt it has been handled col
siderably since saw il there my opil
ion was at the time that one Of the cui
Of the sleeve had been washed il W;
new muslin it was lying on the bed
my attention was called TO boot whiC
was unquestionably washed. The staI
reserved an exception. Witness exam
ined bosh boots, only one of which wi
washed.
By defenee-The room was open an
anybody who desired 10 60 into il coul
do so; the boot had unquestionably III
appearance of having been washed ii
clothes were lying on the top Of the bed
DR.. F. T. Shaw testifed-Was ,
Iynn's mill on the Monday Of the il
quest; was in room in the mill in whic
there was bed saw a pair Of boots
the room saw a shirt lying upon II
bed; one of the sleeves looked as If it ha
been wet; examined the boots one
them had the appearance of having bee
I a.. AZ