The Cecil Whig. [volume] (Elkton, Md.) 1841-current, 1879-10-04
LOCAL HISTORY.
HISTORICAL RESEARCHES
THAT QUILP MADE AS A BOHEMIAN
ELKTON AND CHARLESTOWN.
Murder Of Thomas Dunn-Trial Of Stsphen Porter.
Curious Document County Scat Removed
to Elktown-Incorporation Of Elton
Markets and Fairs-Dsscription of
Elkton in 1854 Quarrel
About tho Roads.

About tho Roads
During the five years that Charlestown
was the seat of justice, and for some years
afterwards, society was in a bad condition.
A spirit of lawlessness and INSTRUMENTATION
seems to have pervaded it. This was pro-
tluced by the Generalization incident to the
Revolutionary War and the DISCRIMINATION
consequent upon the transition from one
form of government 10 another OF the re-
ligious condition of the people, both prior
and subsequent to this time, we shall speak
in another chapter, but rs illustrative of the
history and Jurisprudence of the county,
durin. this period, we desire to call the
reader sattention toa homicide which is not
able, because the perpetrator OF it was tried
at Charlestown, ard also OH account OF sew
eral other circumstances connected with it,
Stephen Porter, 4 lawyer of soma distinc-
tion and the father of Margaret Aurelia
Porter, n maiden lady that many persons of
middle age will recollect as a person of ex-
lived at Porter Bridge, on the Octoraro
creek, in 1874, and sometime previous to the
harvest of that year employed one Thomas
Dunn, who seems to have been a large and
powerful man, but a person of bad repute
and somewhat of bully withal.
We learn from the dispositions of several
witnesses, taken before the jury Of inquest,
that Dunn, who had left the employ of Por-
ter sometime before, returned to the neigh
borhood, Oh the 9th of July, ostensbly to
settle with Porter, who owed him a tritinc
balance, but really it would seem for the
purpose and with the intention Of provoking
aquarrel with him. Dunn mot one Stephen
Herd, who lived in Lancaster county, and
was an entire stranger to him, on the road,
near Captain William Ewing'S, Il nci.hbor
of Porter's, and asked him to accompany
him to Ewing's, for the purpose Of acting as
an arbitrator in adjusting the dispute be-
tween Porter and himself. The parties
pledged themselves 10 abide by the award
which was made by tho arbitrators, but
soon after it was disclosed, Dunn flew into
Il passion and abused Porter and the others,
and finally spit in Porter'S face. The others
used their best endeavors to quiet the en-
ragged bully, but without avail. After en-
during Dunn'S abuse for some time, Porter,
accompanied by benjamin Brcarlcy, mil
Ter, who occupied Il house not far from Por-
ter's mill started to 90 10 their homes
Dunn followed them, Notwithstanding they
besousht him to de>iSt and take another
road. Brcarley and Dunn stopped at the
house Of the former. where Dunn had some
clothes which Brearley was DESTROYS he
should take away with him, while Porter
continued on to his own dwelling and pro-
cured An old bayonet and Fastening back
towards Brcarley's house, encountered
Dunn, who stopped down, rs the witness
who saw him testified, to pick mp a stone,
whereupon Porter stabbed him, from tho
effect of which he almost instantly expired
The next day, Samuel Maffit, who was
then one of the coroners of the county, en-
panneled a jury OF inquest, consisting of
eighteen of the good and lawful men of the
county, who, after hearing the testimony,
rendered verdict that the said Porter
then & there feloniously killed 4 murder
ed the said Dunn" and Porter was straight
way incarcerated in the little stone Jail in
Charlestown. lnsaccordancc with the Gus
tom that then prevailed, the coroner return
ed an inventory of all and singular the
lands and tenements rights and chattles of
stephen Porter, rs appraised by Patrick
Ewing, Samuel Scott, John Crawford and
James Egan. The inventory is us follows:
One plantation of 200 acres of land & s.
together with one merchant mill, 100
l mare, horse 4 . colts, 20
: cows
small hogs, los
& or S sheep, 205
Sundries household furniture, 80
e7S2 10
Sonetim, after Porter was imprisoned
some of lis friends provided themselves
with fleet footed horse and visited the
Jail, taking with them a supply of whisky,
with which thoy succeeded in making the
jailor drunk, and settin. up sham tight
kicked Porter, who had been informed Of
the effort they intended to make in his be-
half, out of the door. Porter lost no time in
mounting the horse and made good his cS-
cape to the Octoraro hills, and bidding good
bye to his friends, proceeded across the Allie
ghany Mountains to Washington county,
Pa, then Il frontier settlement, where he is
said 10 have betrayed himself by the knowl-
edge he exhibited of the law, during a dis
cusSion he engaged in with some others in Il
public house.
We learn from tile papers in me case that
Porter had hearln. before two Of the JUS
tees OF the Court of Common Pleas of
Washington county, Pa, on the 9th of Oc-
tober, he having been arrested on suspicion
of having murdered man in Cecil county,
and that he confessed the murder and mar
rated the attending circumstances and man.
ner of his escape, all of which are briefly
set forth in one of the papers. This paper
is the most extraordinary legal document we
ever saw, and seems to have been given to
the persons in whose custody Porter was, to
enable them to conduct him safely on his
way towards this county; for on the 18th Of
October he had another hearing before
Robert Galbrath, Il Justice of the Peace of
Bedford county, Pa, who gave the posse in
whose custody he was, somewhat similar,
though more sensible, document, in which
the facts of the murder and escape are set
forth, and they are commanded to deliver
the prisoner to the Sheriff OF Franklin coun-
~, in order that he might be safely convey
ed to the Sheriff of Cecil county, which was
probably done in due time, for early in the
next December; = commission was issued
by the Governor to five Of the justices Of this
county, authorizing and commanding them
to hold 4 special term Of court for his trial.
1t is worthy of remark, that this special
commission was sent to Joseph Gilpin, who
was designated as presiding justice, and
that he notified the others and designated
Barach Williams as u suitable person to act
as clerk, from which we infer that there wa.
no regular clerk in office at that time. The
court met ut Charlestown on the 9TH Of De
cember, 1884, and Timothy Kirk, being I'M
able to attend, the other justices, John
Leach Knight, stephen Hyland and John
Dockey Thompson, opened the court and
proceeded to business. The next day the
grand jury returned true bill against Por-
ter for murder, and on the following day he
was arraigned and the same day convicted
of mansl2ughter, the verdict of the jury
being not guilty of murder, rs specified in
the indictment but guilty of mansau.hter.
The court thersupon ordered that the pris-
oner enter security for his appearance on
Friday, the 10th. to hear their Judgment,
and he was recognized in tho sum of $500
for his appearance from day to day till the
court would pass judgment, Patrick Ewing
becoming his surety i'll that sum. The tar
dineSs OF the court in passing Judgment
probably gave otfrnse to some of the friends
of Dunn. AT all events George Gather and
John Robinson were tried and convicted of
insulting the Court and jury, sometime
during the trial. The nature of the insult
is not stated, but inasmuch As several wit
nesSes were examined, it Is probable that il
consisted in using disr .Spectful language in
reference to the manner of conducting the
trial. They were each sentenced to pay Il
tritiing fine and the costs, in default of the
payment of which they were sent to Jail.
The record does not state whether the court
met and adjourned from day TO day until
the 10th, but upon that day it rendered
Judgment that the prisoner be discharged
and that he statute is not extended" We
have failed, after much research, to find any
satisfactory explanation of this somewhat
extraordinary verdict. The only plausible
one is this: that tho English statute for the
punishment Of manslaughter had expired
by Limitation before the passage Of the bill
81, ,,,I