The Democratic advocate. [volume] (Westminster, Md.) 1865-1972, 1879-12-20

IL Kooniz would give him $3.50 he would get
him. koontz then deputized MARI to arrest
him and told him he would give him $3.50.
Mari got up and started for the door, and as
he wert out remarked that he either had or
would get a revolver. The witness told Mari
not to take a revolver. Koontz and the wit
ness then went out together. Saw Mari go up
to the woods until he was within biteen feet
from Evans, on the Carroll side. Saw Evans
get of the fence and run, and MARI followed.
Saw Mari raise his arm and heard the report
Of n pistol. Both men disappeared from
sight. Heard another pistol report in about
aminute. Heard Mari call to Koontz TO come
on, aud Koontz and others went up to where
MARI was. He, the witness, went up about
five minutes after Evans was lying on his
side, and he asked him if he was much hurt,
aud Evans replied "oh, OH Turned Evans
over and found he was badly hurt, the bail
having passed through, and tod Mari he,
Mari, had made bad job Of it. MARI said
he was about fifty yards off when he shot
Evans. Saw a knife near Evans pocket. II
was pocket knife and was closed.
Cross. examined. -When first went into
Deitrick's shop, Justice Brown was remon-
strating with Mrs. Condor about resisting an
officer. II was in the presence Of Justices
Elgin and Brown and Constable Deitrick that
MARI told Koontz that he would arrest Evans
for 81. so, and koontz told Mari that he would
give him $3.50, and deputzed him to take
Evans. Told Mari to take shot gun instead
of pistol, as he could Brighten Evans easier
With gun than pistol. Heard the report
of pistol; didn't SEQ the flash, but thought he
saw the smoke. Didn't hear either Mari or
Evans speak. Mars back was turned to-
ward him when he heard the first report.
Never had anything but respect for Mari.
Did not say to Deitrick that Mari, d--n him,
had gone into the butchering business and
knocked him out Did say that il Mari had
been in business it the shoOtlngl would
not have happened; that he intended going
into the butchering business, but Mari had
done so in the spring. Did not testify at the
eoroners inquest; was not ut home at the
time.
Dr. S. X. Waters testified to having attend.
ed Evans before he died, and was at the post
mortem examination, and gave description
Of the wound. The ball passed through
Evans from the left side to the groin, near
the medium line, and the Doctor described
the parts injured by the ball in its passage
He regarded the wound as serious one from
the first.
Basil Hood said he knew Evans, who was
a large man, about so years old, and weighed
about 200 pounds.
The State closed here. .FIrr#
TESTIMONY FOR THE DEFESsE.
Constable Koontz, who deputized Mari to
arrest Evans, found it conyenient not to he
at the trial, and left the county. What would
probably be his testimony (he testified before
Judge Hayden when Mari was first under ar.
rest) were he present was agreed to by coun.
sci for both prosecution and defense. It did
| not differ materially from that Of John Mars,
which follows, and related to the manner in
which Mari was deputized and as to the en-
counter Mari had with Evans at the fence.
John W. Mari, the accused, was put on the
stand, III am the party indicted. On the
9th day Of last August returned home in the
afternoon, and noticed quite commotion
among the people. went into the shop Of
Philip Deitrick and found Mr.. Brown, Mr..
Eigin, Mr. Hood and Mr.. Koontz. The last
three were strangers to me. They were talk.
ing about the escape of Evans. Mr.. Brown
remarked to Mrs. Condor that she had done
enough for him to commit her TO Jail, because
she helped to keep Mr.. Koontz from arrest
ing Evans. They said that Mr.. Evans had
made his escape, aud said if | was an officer
| would take him. Koontz then deputized
me in the name OF the State of Maryland to
arrest Evans. As | went 10 the door to go
out, koontz said he would give me $3.50 if
would arrest him. Mr.. Runkles told me TO
| get double.barrel shot gun. | went up to
the woods; followed the fence some distance
and then went into the woods, and saw Evans
| leaning against the fence. | tried to get up
TO him, aud walked as lightly as could to.
ward Evans Evans saw me when got close
TO him. | told Evans | arrest him in the
name OF the State of Maryland, and he said,
stand back, you s-ofa.bh, /" and repeated it,
advancing toward me with akniie. | retreat
ed, and when Evans got within fifteen feet of
me fired the pistol in the air. Then Evans
ran and followed him. When got within
hity yards of him he turned in the woods, and
did not see him any more until / saw him
alter he was wounded. ! shot again to in
tlmidatc him, and did not see him when /
shot, and | was running at the time. When
got up close TO him be had knife in his
hand. lie said | had shot him, and told
| him TO turn around and let me see | then
went up to him and he asked for water
koontz came up and said Henry Evans, |
you have no one to blame for this but your.
self, aud Henry said 'No, il is my fault. -
| When Evans was removed got cot to put
him on and he was carried down to Philip
Deiirick's shop. | stayed with Evans until
nine o'clock and returned at twelve and
stayed until about seven next morning.
was alone with him after three o'clock, and
had to lit him up occasionally to let him
vomit Other questions did not elicit much
ofimportance.
Cross.examined-I said to Evans ~ am
authorized in the name Of the State Of Mary.
land to arrest you;n did not say what for-I
didn't know. When he first saw me he said.
after | told him was deputized to arrest him,
stand back you s-of a.bh,n and adyanc.
ed on me. lie then started to run at me with
knife, and got within fifteen feet of me
when elevated my pistol and fired to intim.
idate him. He then turned and ran about
seventy.hye yards, IN an underground. He
turned his course and ran across to inter.
| cept him and fired. Did not hear him going
through the bushes until after fred. Did
not aim at anything. / then went up the
pig-path. Saw Evans about thirty yards off
before got up to him. He was standing,
until was convinced that he was shot, when
approached him and laid him down. He after
wards got up and changed his place. then
went after water. Did not say hit him Just
where aimed. Did not shoot in the direction
last saw Evans" witness then explained
TO the States Attorney on diagram the posi-.
ron OF himself and Evans, and the direction
each pursued, but the prosecution could not
understand how the witness expected 10 In
tereept Evans by going in an opposite diree-
ton. t H.Ill
On Monday several of the witnesses not
being present at the onening Of court, owing
to the long distance they had to travel, Mr..
Roberts for the defense stated that they would
close the case and submit il without argument.
Mr. Henning, for the State, objected and the
argument was begun.
THE ARGUMENT.
The prosecution, after defining the various
kinds of manslaughter, instructed the Jury as
to the penalties Of each He argued that no
constable had right to deputize a man to do
anything Of a lagal character, but that in a
case Of riot or fight in which be was unable
to do efficient duty, he could call men to his
assistance They were simply TO assist him
and were not cOHstdbies Evans was not
guilty Of any crime, but a warrant for his ar
rest was issued for fear that he might do Gus.
tayus Ovens some bodily harm or ipjure his
property. His ohense was less than a INSIDE.
meanor, aud had Koontz, himself, shot him
in an attempt 10 arrest him, he, Koonz
would have been guilty Of manslaughier. No
man isjusnfied in taking the lie Of another,
except in extreme cases, and only then when
heis charged With murder, rape, arson, and ike
ohenses, which are more than misaemeauors
q