The Democratic advocate. [volume] (Westminster, Md.) 1865-1972, 1872-06-15


sometimes, cannot say what amount paid
him at any time; generally got 8 or s barrels
OF -four, and from % to 80 bushels of feed
generally hauled the load with two horse
team; the -four s6ld from $40 upwards I;
have paid sums OF money to Mr.. Lynn,
ranging from IS up 10 SIS, and sometimes
as much as 500; always paid the money
to Mr.. Lynn ifhe was present, if not, paid
Davis.
by the State-There were number Of
barrels standing near the front door, be.
tween the corner and between some ma
ehinery, back towards the gable end door I;
cannot tell now many there we're, or how
near they were to tho sink do not know
the distance between the office and the sink /,
they extended from the corner OF the Office
door; the witness explained from the plat
the position Of the barrels am familiar
with the basement cannot describe the To-
cation OF the machinery or OF the water
power, and do not know the location of
the water.
By the Defence-Do not know the dis.
lance between the basement floor and the
water.
George Wilson testified know where
Lynn's mill is; reside about | of a mile
from it saw the crowbar once in the mill
during the year Mr.. Davis was away from
the mill.
By the State-IIaye lived near the mill
all my life have known it for about 40
years.
Jo'eph Wilson recalled by Defence, ties.
tIhed-Rad conversation with Davis on
Sunday afternoon after the murder told
him that thought ho ought to so back
that | had heard some suspicious about
him.
Samuel Davis testifed-Am the father OF
Jos. ". Davis live in Frederick county,
about 800 yards from the Carroll county
line.
Judge Maulsby inquired ms to the habits
OF the prisoner as to industry, thrift and
carefulress Of money, and as to his accu
mutations Of money and his expenditure
thereof prior to April, 1872. Mr.. SYesler
objected on the part Of the State and con.
teuted:
First. That the only question open for in
quiry was the particular moral quality Involved
IN tue issue.
Second. That mans habits for industry
or sobriety are but elements from which his
moral character is estimated, and the expe-
rienoes Of life teach Us that tue most INDECENT
hIt olteu tue must uuEahti whist Ahe ulust
industrious are sometimes the most vicious.
Third. That the mode OF unfolding any
particular trait Of character must BE- by the
general character the party bears, and n OF
from the particular and personal observations
Of the witness.
Chief Judge Miller delivered the following
opinion' The legal question presented, is
whether this offer OF evidence is responsive to
any evidence offered on the part Of the State 9.
The State has offered ia evidence that the
prisoner, when committed, had in his posses
sion the sum OF Sos. We think this evidence
may be offered for the purpose of showing
that the prisoner may have accumulated that
sum OF money, and 10 rebut the idea that the
SOS, offered in evidence, was any part Of the
money the deceased had on his person at the
time Of bis DEATH But we are OF opinion that
il is not admissible for the purposes OF show
ing general character, or from which the jury
can infer such moral character as would raise
a presumption in his favor in case OF doubt
OF his guilt Nor is it admisisbli for the pur-
pose OF showing the absence Of motive.
"lt is sometimes admissible To prove the sta
ton Ia society OF the accused the influence Of
this Circumstances has been supposed to be de-
rived chiefly from the opulence which Is con-
sidered TO be babitually associated with ii,
and which places its possessOr above the temp
tation to that class Of crimes which are pronp-
tsd by the desire OF unlawful gain. especially
where the object Of the supposed desire is OF
ineonsiderabie value. But where station and
affinence are matters Of proof they must be
established as facts BY legal testimony. They
cannot be proved by the habits OF the party
for industry and thrift"
The witness resumed-Will be 90 yeara
old ON the 9Th OF August next; he has been
laboring for himself since he was in his
10th year he was employed by Abraham
Diehl to work on a farm he worked there
about six months and obtained SIS per
month, he was next employed by man by
the name OF Fringer he worked for him Z
months and got 81 per month worked
next for Abraham Null on farm months
at 50 per month he next lived with Alb m.
Lynn years in succession, years as an
apprentice Mr.. Lynn was to give him $50
year, and promised TO give him more il
he learned fast think he paid him SO OF
$50 the second year the year he worked
with Lynn after the end of his appretice-
ship he got $3.50; cannot say that during
this time my own residence was always in
the immediate vicinity Of where he lived
he generelly came home once week, usu.
ally on Saturday evening witness has four
other children, boys and | girl after
Joseph left Mr.. Lynn he went to Mr..
Stuliz's; he worked there very nearly a
year don't know what wages he got at
Stultz S thinks the usual wages of good
miller at thai time was SiO0 OF 5000 per
year don't know of my own knowledge
my son was generally careful with his wa.
ges he was not spendthrift; during
sometime last winter he spoke to me about
having some money this was in or about
D lao ,-,ar IN tho nth IS Anil III
| State objected to the Introduction of the
declarations Of the prisoner as to the pos
session Of money us not admissible testi
mony in the case. Objection sustained by
the Court. Witness resuming said-my
son showed me something like 5000 thai
he had at the time referred he never was
a spendthrifi; would spend his money pref
ty freely for clothing.
Cross examined-My son lived tire,
years with Mr.. Lynn and one year with Mr.
Stutz was working about by the day fol
years; made the contracts with the far
mers with whom he lived and drew bis wa
| yes did not do that when he went to Mr.
Lyna can't say positively how much Mr
Lynn paid him the third year don't know
what Mr. Stuliz paid him; did not co mt tn,
| $500 which tesiiliedhe had saw him count
ing the money and looked over it carelessy
myself; my son furnished himself witt
all the clothing he had after he went to Mr.
Lynn's.
BY Defvnce-My son is not a marie,
man Abraham Nall was the las, farne
that he lived with Mr.. Null paid Josepl
his wages to himself; he gave it to hi
mother TO take care Off Mr.. Fringer pal,
me his wages and ! gave Them to him; new
err used the wages for any person bat M
son they were applied to his use as b,
saw proper.
By the Staie-T only know from what
have heard bis mother say that he gave hei
the money; be saved some of the none,
received from Mr. Null don't know how
much; cannot guess; don't know how
much money my son spent during this time
Miss Mary Davis testhed-Since ny
brother has been in Jail, | took from hi.