The Cecil Whig. [volume] (Elkton, Md.) 1841-current, 1879-01-18


reverted To the fac, testified to by Sarah
Wilson, that the prisoner said he was mad
and intended to shoot the deceased lie
argued il the prisoner had not killed Wha-
Icy. and had been indicted for an as.
sault with intent to commit murder. and
was then under trial before the Jury, they
would not lind HIM guilty Of common as
sauit. and that therefore they were bound
to convict him of murder, and not of mau-
slaughter Counsel then argued the case
III legal point of view, and read from
the authorities in supper, of the positions
taken III the first part of his Argument.
and showed the difference between the
different degrees of murder. lie argued
that the good Of society required that the
law should he eailessly executed.
He WAS followed by WIN. : Evans, Esq,
Tor the defence. who al once began to ap
ply the law To the evidence III the case. and
20 that end read the common law definition
of murder in the first degree, which re-
quired the party killed To be in the Kings
peace at the time the killing took place
lie then argued that inasmuch as the eyi
dence showed that there had been a fcht
and jenkins Whaley was not in the peace
oil the State of Mary land, as alleged in the
indictment, therefore the prisoner WAS nos
guilty of murder in the first degree Coun
sci then read that portion of the code
which dtiines the different kinds Of killing
that shall b. considered murder in the first
degree, and argued that the cff.nse that
Walters had committed not being defined
in the code As murder in the first degree.
II necessarily followed that he was only
guilty of murder IN the second degree. Mr..
T. controverted the position taken by the
State, that the law made no distinction be-
4
argued that all authorities. human and
divine, Judged offenders agaius, the law by
the talents they possessed. In order to sus-
tain this view of tho case, he cited many
authorities.
Mr.. Evans was followed by Hiram McCul
Tough. Esq, who ably aud exhaustively
maintained the same view of the case
After the closing argument by Clinton
Mccullough, Esq, the case was submitted
to the jury, ON Tuesday, at o'clock =. NJ
After the retirement Of the jury, con
siderable speculation was INDUCED Is to
how they stood upon the question of guilt
The fact that the former jury had hung"
upon one man excited much comment, but
the general belief in the minds OF all in
telligent persons who heard the evidence
was that a verdict of murder in the frs,
degree would be rendered. Tuesday pass.
ed, however, without a verdict, and Wed.
ntsday morning dawncd with tho Jury
still in their room, from the windows of
which. overlooking the Court House yard,
peefed the anxious faces Of the jurors.
At O'Clock. however, the brazen tongue
of the Court House bell announced the
fact that the jury had agreed In almost
rs few minutes AS it takes to tell it. the
Court House was packed with spectators,
each countenance expressing curiosity aud
expectation. The jurors sat in their
places, sad and silent. Their countenancss
betrayed plainly their verdict. After eau
iioning the audience against the expires.
sion Of any feeling, either Of approval or
disapproval, Judge Stump directed VIM
X. Reckefus, Esq-, the Deputy Clerk, to
take the verdict. The jurors were called
and the steady voice of the Clerk fell upon
an audience in which perfect silence reign
ed. - Gentlemen of the jury. have you
agreed upon \ verdict - I'VE have
Who shall speak for you:' The fore.
man {"Nedford Waters. stand up
Look upon the prisoner At the bar What
say you9 Is Medford Waters guilty of
the matter whereof he stands indicted, or
not guilty." Guilty of murder in
the first degree" Your foreman saws
that Medford Waters is guilty of muir
der in the first degree, and SO you say
all"' Yes was the unanimous re-
spouse; and SO the verdict was recorded.
Not, however, until, al the request Of
the prisoners counsel, each juror had b. en-
polled and the clear reply of each juror was
heard" Guilty of murder in the first
degree" At this stage a notice was given
Of a motion for a new trial, upon the ground
that the verdict is not in accordance
with the law and evidence, which motion
is to be argued to day. The general i'm
preston is that new trial will not be
granted. 1t was evident that at the time
of the rendition of vcrd ict, the prisoner,
who is rather good looking colored man
OF about nineteen years, did not realiz.
his situation. He betrayed no apparent
emotion at hearing the verdict. but main
tanned the same expression of composure
that has characterized him during two
trials. Our reporter visited him in his cell,
on wednesday evening, and in his inter-
view with i3im aSc.rta ined that he was rot
aware of nj, situation, being i'll total ignor.
ance OF the serious penalty which is 10 be
INFLICTED upoa him, surprising that he was
10 be confined IN al fpr life. lie declared
his regret that lie had committed the of.
Tense, stating that he had 10 malice what
ever against Whaley, bus that in 4 moment
OF passion and in self defense he had struck
down his fellow man. GA being told that
he must suffer death soon, he then, for the
first time, gave expression 10 his grief and
sorrow.
There has been no execution in Cecil
county since that OF Swift for the murder
of kilihour, in 1855, previous to which. as
far as is known, but one other execution
has ever taken place in the county.