The Democratic advocate. [volume] (Westminster, Md.) 1865-1972, 1873-08-02
LOCAL AFFAIRS.

Denial Of lie Crime--lScenes aud
Incldeats. The regular term Of the Washing
ton county Circuit Court met on Monday, and
Il was expected that the sentence Of death
would be passed on Joseph Davis that day,
but owing to the absence Of Judge Pearre il
was postponed until Wednesday, Davis was
convicted in September last Of the murder Of
Abraham L. Lynn, in April, 1872 Owing
TO the failure Of the jury TO agree in the case
here il was removed 70 Washington county.
Our readers are too familiar with the trial,
the strenuous efforts of his able counsel, the
two hearings before the Court Of Appeals on
exceptions TO the rulings Of the Washington
county Court, &c, for US to republish them.
We therefore give the closing scene in the
ease, which we take from the Baltimore Sun
Of Thursday.
From early in the morning large crowd
was in waiting around the doors Ofthe Metho-
dist Episcopal Church, where court is held
pending the completion Of the new COURT house
building to replace the one lost BY FIRE two
years ago, and when they were opened the
room was at once filed 50 full that passage
was almostimpossihle, and when Davis arrived
from the jail the crowd following him thronged
the room still more closely, and filed every
inch Outstanding room both inside and outside
the bar, On the bench were Chief Judge r.
II. Alvey and Associate Judges Motter and
Pearre in front Of the bench around the bar
table the members of the bar and the crowd
who had obtained access inside the ratings,
and on the front bench Of the pews, which fill
the body of the room, sat Sheriff Bamford and
Deputy Sheriff Masters, one on each side of
Davis, who sat thus directly facing the presid.
ing judge near Davis sat Messrs. Freaner
and Nell, of his counsel, and in the back
ground clustered the close-packed throng,
who watched Davis as intently as il their fate
hung on his. The room was hushed, SO that
the very breathing of the spectators could be
heard, broken only by the low voices Of the
iulgsJ speaking for few minutes of the
So Atence about to be delivered AT twenty
minutes past nine Judge Alvey turned from
his associates, and for few minutes, during
which the hush was almost painful, looked
steadily at Davis, who immutably returned the
look with one quiet as hisowp. The faces ofall
10 the room seemed to grow shade more
earnest, and from one or two women present
in the witness room came half drawn sigh.
The silence had become almost painful, when
at last Judge Alvey, in clear, distinct, full
voice, with slow ntterance, fitting the gravity
Of the occasion, said, "Joseph Davis, have
you anything to say why the sentence of
death shall not be pronounced upon you in
accordance with the law2n
Davis laid his hat by his side, rose, stepped
few PAGES forward to the bar table, directly
facing Judge Alvey, at about ten feet distant,
bowed slightly, and calmly and distinctly,
without tremor in his voice, said: 81 have
nothing more to say than have already said
before the court | am innocent of the crime,
and know nothing about it, Bowed again,
sat down, crossed his legs easily and looked
during the sentence as attentive, but entirely
unconcerned as any spectator in the room.
The judge said: "The jury that tried and
determined your case was composed of men
as intelligent and impartial as any that could
be selected, aud against whom you could have
nothing to urge by way of objection, and after
patiently hearing all the evidence adduced
and every argument that your jealous and un-
firing counsel could suggest, they had no APP
parent difficulty, upon deliberation, in pro-
nouncing you guilty on the indictment of
murder in the first degree, an atrocious crime,
the penalty of which is death.
"0f the correctness of that verdict this
court has not perceived the slightest reason to
doubt. The evidence upon which you were
convicted was circumstantial, but it was of
character so strong, so fully and completely
linked and combined, that il left no room for
AestoA1i aOAbh aS W lOuA CUNT IL lututiucu
yon rs the guilty agent in the commission of
most foul and wicked murder. The victim
was your employer, your friend and patron,
and the only conceivable motive for so cold
blooded and stealthy crime was the plumber
of his money from his defenceless person.
Murder is shocking, committed under any
circumstances, but when committed under cir
cumstances such as disclosed in your case, it
becomes horrible and revolving in the extreme.
You supposed no doubt that your crimes were
well conceived and well executed to elude de-
tection but it is seldom that the greatest
degree of contrivance and ingenuity can avoid
furnishing the traces of guilt, and thus enable
the vigilant defenders Of society TO discover
and identify the criminal and bring him to
punishment
And though the proof of guilt may be en-
tirely circumstantial, as in your case, vet a
kind and all-wise Providence has so arranged
the laws Of nature as to enable us, by tracing
the relation Of things and events to each other
TO make differences and draw conclusions quite
as strong and satisfactory as any that could be
founded upon direct testimony.
For, as has been well said, linen may be
seduced to perjury by many base motives to
which the secret nature OF the offense may
sometimes afford temptation" but it can
scarcely happen that many circumstances, es-
pecially if they be those over which the aeon.
ser could have no control, forming together
the links of a transaction, should unfortunate
y concur to fix the presumption of guilt on an
individual, and yet such conclusion be err
roneous.
81 shall not refer to the particular circum.
stances Of the crime; unfortunately they are
too well known to you, and the rehearsal of
them can answer no good purpose on this
occasion.
"Your counsel deemed it their duty to YOU
to move for new trial of your case, founded
upon the affidavit Of Shue, your alleged con.
federate in crime, whose testimony was reject.
ed on the trial because Of his incompetency at
the time to testify. But in view Of all the
facts disclosed to us, as well on your own trial
as on the subsequent trial of Shue, we could
see no possible reason for believing that by
the introduction of the proposed proof by
Shue different verdict would, or in reason
could be rendered in your case, and hence a
new trial was denied.
1.-The sentencing on the verdict has been
delayed in consequence Of an appeal BY YOU
from some Of the rulings at the trial utthose
rulings have all been affirmed by the Court Of
Appeals, and it now only remains for this court
to pronounce the solemn sentence Of the law.
Before doing so, however, we deem II our
duty to admonish you Of your true condition.
In all human probability your days upon earth
are few; and it behooves you to prepare By
all means in your power for the termination
Of this life, and the entry upon life to come.
Do not delnde yourself with the expectation
Of pardon, for in that you may, and most like
ly will be disappointed.
"But set yourself at work, with all the as
sistance that the ministers Of religion can
give you for the short remnant Of life that
remains, to prepare for the dread ordeal that
awaits you. Awaiting yourself Of the short
time that still remains, you may, by prayer
and contrition merit the pardon and forgive
ness Of an all-wise and all-merciful God, and
thus become happy being in future life.
Now, proceeding TO the sentence prescribed
by law for the crime Of which you stand con.
yicted, that sentence is that you, Joseph
Davis be taken from this place back to the
jail from whence you came, there 10 be
detainedin close custody until you can and shall
be removed to Carroll county, in this State, to
which county you are hereby remanded, 70 be
there detained in close custody in the Jail of
said county, and thence taken at such time as
may be duly appointed to the place Of execu.
ton, and there be hanged by the neck until
vnu are dead and NAV C1d h.re ...s.... -.