The Cecil Whig. [volume] (Elkton, Md.) 1841-current, 1874-03-28
THE MURDER TRIAL.

for the murder of Thompson Fuller, near
Rising Sun, on the Cd of February last,
began on Monday. An extra panel of
thirty jurors had been summoned for the
occasion, but both the panels were exhaust
ed before jury was obtained, and num-
Der of tallies had to be summoned. The
names of the jurymen selected for the
trial of this important case are John
Wroth, Foreman; Ransaleer BIddle, Chas.
B. Jones, VIM. r. Gilpin, Alfred Wether-
ill, Ii. d. M. Howard, Jos. Colbert, Chas.
McAteer Jacob Rambo, Israel Reynolds,
Charles j. Smith and David Fulton.
Judges Wicks and Stump were on the
bench. w. S. Evans and Albert Con-
stable, Esqs., appeared for the prisoner.
States Attorney Clinton Mccullough, as
sisted by w. ]. Jones, Esq, appeared for
the State.
A great deal of interest was created
by the case, and a large number of wit
nesses from the neighborhood, were sum-
moned and attended Court during the
trial. The prisoner is respectable look
ing man and bore the reputation of a good
citizen and useful member of society. On
Tuesday the wife of the prisoner appeared
and occupied seat inside the railing, an
anxious spectator of the trial.
Monday, Tuesday and Wednesday were
occupied in hearing the witnesses.
Mr. Mccullough in his opening state
ment announced that the prosecution would
prove that Thompson Fuller, the deceased,
VIM. Fuller, and James McCardy, on the
Cd of February last, started about 81
O'Clock in the afternoon from Rising Sun
for the purpose of going up into Lancaster
county, some ten miles distant, to the
residence of Thompson Fuller; that it was
mailing and showing, and that the deceas-
ed, his brother, and McCardy hurried along,
selecting the shortest cuts; that they came
to the land of Robert kearney, and started
across it in order to make a short cut
They crossed one lot, went by the house,
crossed the road, and climbed fence over
into wheat field; that kearney called to
them not to cross that wheat field; they
continued to pass on, and kearney again
called; that Fuller (deceased) replied, U.S.
ing some opprobrious epithet; kearney
then left the house and came after them
with gun in his hand; VIM. Fuller and
| McCardy walked on fast and soon came to
| the fence and crossed over; Thompson Full
Ter had Just reached the fence when kear-
ney came up. An alteration ensued, dur
ing the whole of which Kearney assumed
| a threatening, menacing manner toward
deceased; that kearney pointed his gun
toward Fuller, who was by this time com.
pletely over the fence; that Fuller retreat.
ed from the fence and threw up his hand,
telling Kearney not to shoot; that kearney
did shoot, and that Fuller fell dead almost
instantly.
Mr.. Mccullough then defined the two
degrees of murder, and the defense resery.
ing its opening statement.
Mr.. Albert Constable, for the defense,
in his opening statement, laid stress on the
point that the law considers it but man
slaughter when one man kills another un.
der sudden provocation. That no malice
is to be presumed unless proved, no matter
how disproportionate the crime is to the
offense or provocation, because the law
regarding the frllty of human nature and
the heat of human blood, excuses, and con-
siders no malice to be the cause motive.
VIM. Fuller the witness first called fol-
the State, testified to what was stated by
the Attorny; detailing fully an account OF
the journey; stated that kearney asked
his brother at tho FENCE why he crossed the
lot; gave the reply of Fuller: stated that
T. Fuller and McCardy both said, "Don'i
=. shoot"
Oliver Reynolds, school boy, testified
that he was passing by and saw the occur
renee; that kearney made the attack; rar
from the house; pushed Fuller from the
fence and shot him; that Fuller had moi
been over into the field until pushed
Mary Reynolds and Vim. Harris corrob
GRATED the last witnesses statements,
Evans Moore testified that Kearney toG
him that he had shot Fuller because Fuller
had insulted him; that Kearney was mucl
troubled
Budd Hailes gave distances, &C., show
ing position where Fuller fell, and that the
recoil of losing hold could not have pushed
him back, but that he walked from the
fence. DR.. Dare had made the post NOR
TEN. Deceased GANG to his death from the
gun shot wounds.
Mr.. Albert Constable opened for the
| defence.
VIM. Reilly was the first witness called
He testified that he was coming by; saw
the brothers Fuller, and McCardy all gel
over the fence and 60 twenty yards from it
that kearney came to the fence; that T
Fuller turned back to the fence, grasped
kearney and the gun, and tried to pull
kearney over; that they seuiiied and pull
| ed, and then lost their holds and both fell
back from the recoil; that the gun was
dropped on Kearney's side; that Fuller
said, "Now if | get the gun I'll blow your
d-n brains out with your own CUR" and
was ready to spring at the fence and over
to kearney, when Kearney picked up the
gun and fired.
r. j. Kearney, (girD sworn; testified
that the men in passing, looked into the
house in an insulting manner, and con-
tirmed the statement of the boy Rely.
j. Wiley, &c years old, testified that
there was stone under the fence with
marks of struggle on it, such as slipping
| from the fence could not make; that the
| tracks on the snow indicated a severe strug-
gle; that Fuller evidently had been over in
the field and had returned to attack Kear-
| ney.
Gardener Furniss confirmed the state
ments of the witnesses for defence.
A great number of witnesses bore testi-
mony to the good character of Kearney.
Jas. Gray, called by the State to rebut
statements of the defence's witnesses.
Evans Moore, recalled testified that the
boy Reilly had, in his wagon, told the same
story in regard to the ARRAY, which the
child, Oliver Reynolds, Mary Reynolds and
VIM. Harris, had given, and that the story
told by Reilly at the trial evidently had
been perverted. He said that Rely then
told him in particular that T. Fuller was
on the fence when Kearney came up and
not over in the field. He also testified that
Mary j. Kearney, at his house on the eve
of the fight in his presence told the women
that the occurrence was just as the boys,
Reynolds and Harris, told.
Phillips for the State, confessed to have
contributed to purse for prosecuting
Kearney; that he was a friend (?) to the
family; had told Mrs. Kearney that he
| hoped Kearney would not come back alive,
| yet he " orished him ,oeU"
Court adjourned here on Wednesday
night.
On Thursday morning the defence an
nounced that they had been unable to get
hold of Cameron, an important witness
intended to rebut the statements of the
|