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

L. Buckingham, Robert Z. Mckinney, john
Smith, OliverP Buckingham, Jesse Lemon,
Simon ShaiIer.
TRIAL OF JOHN W. MARI.
The case of John W. Mari, indicted for
manslaughter, was called Saturday morning.
The accused was neatly attired, and was at
tended by his wife, daughter Of Mr.. Nieho.
las Hutehins, of Woodbine, Howard county,
who has represented his county several terms
in the Maryland Legislature. The crime OF
which Mari was charged was committed near
Mt. Airy, near the Frederick county line, on
the 9th day of Angus, last.
ID. n. Henning, Esq. represented the State,
and the accused was defended by Hon Chas.
u. Roberts and Hon. John T.. Smith. The
jury was obtained without much difficulty,
eight being taken from the regular panel and
four from talismen selected in the court room.
1t was composed as follows:-Thomas Il.
Cover, John Buckingham, Davis Myers,
Samuel Gist, Samuel Warehime, Edwin J.
Crnmrine, VIM. Struth Andrew N. Stephan,
Jacob Kerlinger, James A. Shaeffer, Sylves.
ter Matthias, Samuel A. Tubman. Mr.. Hen.
ming opened the case for the prosecution and
Mr.. Roberts for the defense.
THE TESTIMONY.
John Elgin testified that he was lnagis.
trate living five miles from Mt Airy. lie
issued q peace warrant for the arrest of Henry
Evans, in January, 1879, on the oath OF Gus.
tayus Owens, directed 10 constable Thomas
koontz. Was present in the shop of Philip
Deitrick at Mt. Airy on August 9TH when the
arrest OF Evans was attempted by koontz- He
was present only as spectator. There were
TO be tried, among other cases before Justice
Brown, an issue between Basil Hood aud
Henry Evans and his alleged wife, Isabelle
Condor, and he expected Evans to be there.
koontz came in and sat there awhile, and rot
up aud walked toward Evans and told him
that he had warrant for his arrest to give Sc.
eurity 10 keep the peace toward Mr.. Ovens
Thought that koonlz produced the warrant,
but was not certain. koontz took hold of
Evans and Evans told koontz to keep his
hands of and stand back. Mrs. Isabelle Con.
don, Evans alleged wife, seized Koontz, and
Evans got away and jumped out the window.
koontz ran to the window and made n grab at
Evans. Kooniz called for revolver and ran
out. He came back in few minutes, and
shortly after Mari came in the shop Mari
said it he was deputzed he wouldn't be afraid
to take Evans. koontz said to Mr. Mari, IL
deputize you in the name of the State of Ma
ryland to take Henry Evans" Mari got up
TO 60 out and KoOntz told him that he would
give him two or two dollars and half il he
arrested Evans. Next saw Mari in the woods
after he had shot Evans. Evans was lying on
the ground, with his head in his wife 5 lap.
Evans was conscious.
Joab Brown said he was a Justice of the
peace, aud was holding Magistrates Court at
Mt. Airy on August 9, 1879, at Philip Deit.
riek's shoe store. There was case between
Basil Hood and Mrs. A. X, Condor. Con.
stable koontz was to my left and Evans at my
back. koontz advanced toward Evans and
said he had warrant for his arrest. Evans
told Koontz not to put his hands on him.
koontz went to the door as If to lock it. Mrs.
Condor seized koontz and Evans escaped
through the window. There we're about n
eoZen people present Koontz sat down aud
Mari came in a few minutes after. Koontz
said to Mari, 81 deputize you in the name of
the State of Maryland to arrest Henry
Evans" AS Mari went out koontz said he
would give any man 81. so If he would bring
Evans back. koontz went out some time after,
About twenty minutes after Mari left heard
two pistol shots. Constable Deitrick after.
wards told him Evans was shot. Then went
up IN the woods where Evans was. Evans
was in Carroll county.
Philip Deitrick said he was a shoemaker
and constable. 1t was in his shop where Mr..
Brown was holding court and where the at.
tempt was made TO arrest Evans. On the 9th
day Of last August Elgn and Kooniz came to
Mt Airy and asked him il Evans had come.
They came to his shop. Evans came in
shortly after. He was outside when be heard
scuife in the shop and then went in. Heard
koontz say to Evans, holding him by both
arms, II arrest you" Mrs. Condor seized
kOontz, and Koontz asked him to help him.
de made for Evans, when he, Evans, jumped
u saax l.ss l. E.ll
distance, but finding Evans could out.run
him, went back TO the shop. Koontz followed
Evans, but soon came back, when there was
right smart Of banteriug done. Mari came
in and said Evans was over in the woods.
Justice Elgn said Evans must be taken.
koontz depuIized Mari in the name of the
State OF Maryland to arrest Evans, Koontz
saying AS Mari went out, IN give you $3.50
II you arrest him. lie told koonlz that he,
kOontz, ought TO 60 with Mari. Elgin said il
was not necessary for Koontz to be with him,
Some minutes after two shots we're fired, and
he, the witness, went in the direction of the
sound, and found Evans lying under a large
tree. lie asked Evans il he was hurt, and
Evans said, "Water, watcr.n Sent for wa
ter and then saw Dir. Waters, and he, Waters,
went TO see Evans. He went after DR.. Brum.
mel and another physician, bat neither would
go. IL was nearly six clock when he went
back, and he proposed to take Evans TO his
shop -Four men carried him there on cot
furnished by Mari. Mari stayed at the shop
until 0 o'clock, and returned IL I2k o'clock
and remained until morning. Witness then
resumed his attentions until Evans died.
Mari surrendered TO him half an hour after
Evans died. Mari gave him his revolver,
saying he had better take charge Of IT, 1.-THE
revolver was here produced aud the witness
identified it. II was hye-shooter Smith 4
Wesson police revolver, 3S caiibe Mari
told him on Sunday IL it 1.-THE shootingl could
be undone he would give anything in the
world. Mari showed him the place in the
woods where Evans was standing at fence,
when he, Mari, demanded his, Evans, sur.
render in the name Of the State Of Maryland.
Mari said Evans drew knife and said
Stand back, you s-of-a.h.h, y and he, Mari,
fired his pistol over Evans head to frighten
him, when Evans ran. Mari followed, aud
about forty yards farther on Mari fired again.
Cr0ss-examined. There was nothing said
about removing Evans to Mars house. Ii
was Ito yards from where Mari fred the SC.
eond shot to where Evans was found. Mari
showed him the places in the woods the day
AFTER the shooting, Mari said he did mol see
Evans when he fired the SECOND time, and al.
ter firing ran across the woods TO intercept
him; that be only cred TO frighten Evans and
not TO hit him.
Redirect. Mari told him on Sunday that
be, MARI, didn't know whether he had shot
Evans or not, and ran across to intercept him.
Mari was under arrestthen.
cross-examined. --Marrsaid be heard Evans
running after lhe second shot was fred
John b. Rnnklos testified that he was not
at DeltFick : shop antil after Evans left. Ask
ed where Evans was, and koonlz pointed in
the direction Of Rvans. Kooniz said Il was
no use to 40 after him, as he, Evans, could