Montgomery County sentinel., 1875-04-02
LOCAL AFFAIRS

manifested in the case and The Court room was
crowded during the continuance OF the .nnl.
There was considerable trouble in obtaining
Jury, the regular panel being exhausted and
the Sheriff having 10 summon large number
OF talismen.
The evidence for the State was The same as
that published by MS at the time Of the occur
renee, and the facts proved were that Payne
and his wife came TO Rockville together on
that day, and after having purchased some ar
ticles at the several stores among which was
jng Of whiskey, left town together on foot,
going in the direction Of home That he called |
at the houses of two of the witnesses on that |
night and asked for matches stating TO one |
that his wagon had broken down, and to
the other that he was out coon-huntlng; that
he arrived at home near morning without his |
wife and said he Lad not seen her since before
they got to Rockville; that be then went, al
the solicilat on Of her daughter, TO look for
his wife; that he afterwards went to the
houses Of several neighbors and told them he
had found her dead that the woman was
very much bruised about the head and body,
large finger nails that Postmortem exam
inaton showed no wounds that would be
fatal in themselves that her clothing was
very much torn and that she had been dragged
some distance.
The first witness for The defense testified
that between three and four O'Clock De-
cember oath he saw Payne and his wife to-
eether and that there was nothing 10 indicate
by their manner that there was anything but
kindness towards each other.
Other witnesses testified TO seeing them to-
| geiher on Christmas Eve, and that they were
pleasant and kind to each other. John g. Eng
land Jr., storekeeper, said Payne purchased
quart of whisky from him that evening, and
| that Mrs Payne carried the hslf-gallon Jug
/ containing il. Other witnesses testified that
| Mrs Payne frequently got drunk, and was
very quarrelsome when IN that condition;
| that Payne was always very kind towards
| her, allowing her 10 draw and spend all his
money; that his general conduct was peacea-
BILE and good, and that hers was the opposite.
The testimony Of Robert l.. A Adamson who
could not attend, was admitted, setting forth
that all of the wounds and tears of the dress
could have been occasioned by falling on the
ground near where the body was found that
there were several clumps OF brers and rocks
there.
| Dr.. Maddox testified that all Other wounds,
except the finger nail marks on The neck,
could have been produced by a series OF falls.
This closed the evidence for the defence.
The counsel for the accused then offered
prayers asking the court TO instruct the jury
that there was no evidence in the case to con-
vict the prisoner, or that the deceased came
10 her death BY his hands. To this the States
attorney, Mr. Spencer G. Jones, objected,
/ though he said he would not ask for verdict
of murder, but would in all confidence ask for
u verdict of manslaughter. He then argued
ut some length to show that the prayers could
not go TO the jury, and tha. if they did il took
the case totally out of their hands.
i Mr. Anderson, counsel for the prisoner,
argued that the State had proven nothing
against Payne; that they had proved the
finding Of body, but nothing showing that
any violence ofany kind had been used by
any body; that, in fact, the State proved that
the woman died from intemperance.
The court, after considering the matter,
decided that they could not grant the prayer :
that ii took from the jury that high privilege
which is given them by the constitution, and
that the jury alone were the judges of the
evidence.
The States attorney then addressed the jury
insisting that although the prisoner was not
guilty ofmurder, he would ask for n verdict of
manslaughter, contending that if the blows of
the prisoner did not kill the deceased, his me-
glect of her in allowing her to remain outin the
cold all night, should subject him to that ver-
dict.
Mr.. Bouc followed with strong appeal in
behalf of the prisoner, asserting that there
was no evidence showing his guilt or connec-
ton with the death of his wife, after which
Mr.. Anderson detailed the facts and the evil
dence tending to prove that Payne did all he
could for his unfortunate wife.
Major England, who acted as volunteer
counsel, summed up the case in behalf Of the
prisoner. His address was very spirited and
forcibe
$ Mr. Spencer c. Jones, States attorney,
closed the case ON the part of the State by an
aole address.
On Friday evening the case was given TO
the jury and they remained in consultation
until Saturday al 2 clock, when they came
into Court and stated that they could not
agree on verdict. The jury stood nine for
conviction and three for acquittal. The case
will probably be tried again during the pres
ent Term of Court.
A $40, 900 SUir.-The suit of State ol
Maryland, use of Mrs. Isabel Kenapp and hel
three minor children VS.. Cumberland Il Penn
svivania Rail Road, is now on trial at this
place The plaintiff is represented BY Messrs
Walsh, Cox, Peter and Henderson, and tht
defendant by Messrs. Gordon, Blackstone and
Jones. This case originated in Allegheny
county, and was removed to this place. The
suit originated from the explosion of boiler,
killing the engineer Joseph Kenapp, and is
: brought against the company to recover $780,
+ 600 damages.
Sons OF JoNApAR.-At a regular meeting o.
Hope Council No 5, Sons of Jonadab, held