The daily gazette., 1879-01-18
Murder In the First Degree
a Cecil County Negro after haring a
Chdnce for his life, gets started for the
OdilOys,

Chdnce for his life, gets started for the
gallons.
Last week the GAZETTE contained an
account of the trial Of Medford Water,
colored, at Elkton, Md, for killing Jen-
kins Whaley, also colored, in Sassafras
Neck, Cecil County, in September last.
The trial resulted in q disagreement of
the jury, who stood eleven for murder in
the first degree, and one undecided. An
other trial was therefore ordered by the
Court, which commenced on Monday
last.
The murder occurred in a corn-field
where both the parties were at work. 1t
originated in quarrel, during which
Waters drew pistol and shot Whaley,
inflicting a wound that caused death.
Waters Immediately fed but was arrest
ed few days afterward, near Chester
town, in Kent County.
The second trial was attended with a
great degree Of interest, on account of
its peculiar nature. TIE accused was
defended by Hon. Hiram Mccullough,
while States Attorney Clinton McCul-
Tough and Noble z. Biddle, Esq, repre-
sented Ihe Commonwealth.
Hc LTldl CIOStu pil uCoud1, nDOub
noon, and on Wednesday morning, at IL
o'clock, the jury, after being out twenty
two hours, came into Court and snnounc-
ed that they had agreed upon verdict.
The ringing of the Court House bell pro-
claimed the fact, and in few minutes an
expectant audience filled the room.
Though the testimony in the case was
generally believed to warrant a verdict
of guilty in the first degree, the we'll
known horror of Cecil county juries for
such verdicts led many to believe that
the jury had agreed upon second degree.
Some surprise, therefore was manifested
when the Foreman said: "Guilty OF
murder In the first degree" The prison.
er's counsel asked that the jury be polled
but the verdict remained unaltered, each
Juror answering as theForeman had done
though some with emotion. Motion was
then made by the defence for new
trial. Waters counsel will make every
effort in their power in his behalf
This 10 the first time a verdict OF
"gllilty of murder in the first degree
has been found by Cecil county jury
where the crime had been committed In
the county. Two ofthe Cosden murder
ers-Abram Taylor and Nicholas Muir
phy,-who committed their crime In
Kent, were convicted in this county In
June, 1851, but execnted,at Chestertown
Judges Chambers, Hooper and Ecceson,
all Of whom are now dead, were on the
bench at that time, X. B. Hollyday, Esq.
now Secretary of state, being Clerk Of
the Court, aud VIM. Haines, Esq, de.
| ceased, Sheriff. The next case in which
u similar verdict was rendered was thai
OF Robert Swift, indicted for the murder
of Jeremiah Killhour, in Hartford coun
Ity. Swift was convicted IN November
| 1854, and executed on Gray's Hill, about
two miles from Elkton, on April 2Oth
1855. The late Albert Constable, Z q.
was Judge, DR.. ii. ii. Mitchell, Clerk
and Robert Walmsley, Esq, Sheriff.
Waters seems to realize his position
and says he Is down-hea' ted, has lest his
appetite, and Is frightened, though IL
conversation he joins in laughing at any
amusing remark that may be made il
relation to hls fate. He declares that he
| did not receive a fair trial, and gives a
his reasons that the Witnesses testified
fslsely. lie says that lie would like t,
lbave a new tIial. He reiteiates the
1s,aremept that Whalen did advance or
i him with a cornknife. To his coulise
he is very thankful for their Efforts III hi
behalf. In relation to h pnnishm msn
which the law will inflict, he SAWS III
would prefer confinement in tie leniten
tiary for life, but wi make preparat OF
for death, as he does not want to 90 Il
"torment." AT present he d vote SOM
at teDtion to reading the Bible, and Ii
saws he gives much time to meditation