The Democratic advocate. [volume] (Westminster, Md.) 1865-1972, 1879-12-13
SATURDAY, DECEMBER 10, 1879
LOCAL AFFAIRS.


LOCAL AFFAIRS.
Circuit Court.
To-day closes the fifth week of Court. and
the probabilities are that it will not adjourn
until week after next The case of John
Mari is yet TO be tried, which will probably
consume several days, and there are two re.
moved cases TO be heard, besides other bus
mess.
CIVIL BUSINESS.
The case Of Jacob Wellinger, of Martins.
burg, West Virginia, vs.. the Cumberland Val
ley Railroad, removed TO this county from
Washington county, was called at Monday
noon. IL was suit for $4,000 damages
against the Railroad company for ejecting
plaintiff from one OF their trains, in Novem.
Der, 1876, and for injuries received by being
run over by the cars. Wellnger, ut that time
was citizen of Hagerstown, and boarded
the cars at that place for Martinsburg, where
he expected TO make his home. II was in
evidence that he bad been drinking before
he got on the cars, and at the time OF his in
Jury could give no intelligent account of how
he received IT, The testimony in the case
was not very clear as to Wellinger being ejec-
ted, but the defense admitted it, and that they
were liable for damages. Wellinger, somehow
or other, after being elected from the train,
got struck BY another train, and had two fin
gers cut from his right hand. How this hap
pened was not in testimony, for no one knew,
but the superstition is that he must have laid
down beside the track, with his hand resting
on a rail.
The case was conducted on the part Of the
plaintiH by Goyernor-elect Hamilton, ii. III.
keedy, Esq, and Hon. Charles b. Roberts,
and for the defense by Hon. A. X. Syester,
John Stewart, Esq, Of Chambersburg, and
Hon. John H. Smith The argument was
finished on Wednesday afternoon and the
case given to the jury. On Wednesday night
the jury returned verdict for the plaintiff,
awarding him 500 damages.
The case had been tried twice before. The
first verdict was for $1,000 damages, which
was set aside by the court, and another deci-
sion was given for 81 900. The latter verdict
was regarded AS excessive by the defendants,
and a new trial was ordered, when the case
was removed to this county on motion OF
plaintiff.
CRIMINAL BUSINESS.
Criminal business began in the Circuit Court
on Thursday afternoon of last week, the case
of the State VS.. Daniel Christ, for the destruc-
ton of the clothing ofhis niece, Annie Mittcn,
being on trial ut the close Of our report last
week. The Jury on Friday afternoon render
ed verdict Of guilty. Henning for State;
Pearson for prisoner.
John Wesley, who, with lot Of other
tramps, broke into the store Of Henry $.
Fitch, at Finksburg Station, in July last
plead guilty to theft. IT will be remembered
that Wesley, after getting in the store and
treating his coniederates TO hats, handker
chiefs, liquors, &c, got so drunk in the store
that he fell asleep and was captured and
bound the next morning before he was aware
of his situation. He also accidentally set fire
TO himself with lamp, and burned one of his
arms severely; also set fire 10 the store, but
fortunately for himself and Mr.. Fitch, the
floor did not burn through. Henning for
State; Fink for prisoner.
The next case was that Of Zebedee RAN.
sour, charged with shooting John Snyder, near
Mt. Airy, in September, 1878. The testimo-
my showed that Snyder was in tree at the
time he was shot; that Ramsour was shooting
at pigeons, and that the affair was accidental.
The jury after n few minutes consultation
brought IN verdict of not guilty. Henning
for State; Pearson and Fink for prisoner.
Edward Dorsey, colored, aged about nine
years, was put in the prisoner box to answer
the charge Of larceny. The testimony direct.
" against him was his own confession, and
was raled out, hence verdict Of not guilty
was rendered The boy stole the watch from
Mr.. William Moore. When it was charged
upon him he persistently and consistent ly
denied the charge, but when he was about to
be locked up in Jail for further hearing, he
confessed the larceny aud told where the
watch was, and it was afterwards found at the
place designated by him. Henning for State;
Pearson and Reifsnider for prisoner.
The ease of the State vs.. Frances Green,
colored, removed here from Baltimore, was
TsEuraIa,r t..nrpsnn II ntnuBA
for the State by States Attorney, ID. N. Hen.
ming, and for the defense by j. X. Shott, OF
Baltimore, employed by the Good Samaritan
Society of that city. Col Wm. p. Maulsby
is assisting in the defense and is inking the
leading part.
Frances Green was formerly Of Union
Bridge, in this county. The crime OF which
she is charged that of killing her infant child,
was committed on the first Of April. 1879, at
No. 10 Upton street, locality exclusively
inhabited by eolored people. No. Is is oc.
t,upied by three families, and Frances Green
WAS there but one night, the night Of the nj
legged infanticde, and then as a guest, she
having been previously at service at SO Har'
lem Avenue.
Sally Riley, colorcd, was the first witness.
II was in her room where the child was born,
and where the murder took place, Her evi.
dence went 10 show that Frances Green, be-
ing discharged from service, had gone TO her
room and stayed oil night with her. The
witness left the room early in the morning, to
20 to her own work, and on returning about
O'Clock, found Frances still in bed. Fran.
ees got up, and the witness noticing that ey-
erything was not all right, called some of the
inmates TO the room. In conversation with
them on .be affair, Frances admitted that she
had given birth 10 a live female child, and had
lnl q .-tfl oil IL. a.. H.. IA
from disgrace. This evidence was substan >
italy cOrroborated by Elizabeth Woodland,
Annie Cotman and Eliza Matthew'S, all col.
.ored, and all inmates Of the house where the
murder was committed. Officers McPaEland
and Berry and Captain Earhart, the police
who were summoned TO the scene, all testified
TO the fact that a child was seen at No. l6
Upton street, that Frances Green was its
mother and that she said that she had smoth-
cred it with a skirt 10 shield herself from dis.
grace DR.. Silas Baldwin, of Baltimore, who
examined the prisoner after the occurrence,
was eKamined at length, and his Testimony
was strongly against the idea Of puerpsFaI
mania, defense set up by the prisoner
counsel.
The prosecution closed its case on Thurs.
day. Yesterday morning the deianse put the
accused on the stand. Her testimony in di.
rect examination went 10 prove that her aets
at the time Of the birth and some time afieF.
wards, were done uneonsciously as it were,
and in cross-examination she admitted having
told the police officers that she killed the
child by smothering it, The prisoners sister
Testified that the accused had not been accus.
TONED to the care Of children, &e., and Mrs.
Susan Wilson, Mrs. Susan Penrose and Mrs.
Mary Angel, oil Of Union Bridge neighbor.
hood, testified to the kindly disposition Of
the aecased. Drs. j. II. Billingslea and J..
w. Heriag were examined on puerperal ma.
mia, &c. The testimony was closed at noon
yesterday and the ease vas being argued al
the time ofgoing TO press,
Rev. Isaae L. Nicholson la hisnss Psyist,,
Rev. issac L. Nicholson, recently Of AS.