The Democratic advocate. [volume] (Westminster, Md.) 1865-1972, 1880-11-27
CIRCUIT COURT

The Circuit Court opened Monday morn.
ing, with Judges Miller, Hammond nd Hay.
den on the bench. After disposing Of an
assault and battery case, NJ. G. Webster VS..
Joseph Erb, in which the verdict was 81 dam
ages in favor Of the plaintiff on account of an
assault from the defendant, that Of the State
vs.. Luther G. Pickett, for the killing of his
cousin, Milton Pickett, near Winfield, in this
county, on October 18th last, was called. The
irayerser elected to be tried before the Court,
d, N. Henning representing the State, aud
Col. VIM. L. Maulsby appearing for the Ac-
cused. Luther G.. Pickett is a cousin of
Martha A. Pickett, and she charges him with
being the father OF her illegitimate child.
This fact was not brought out on trial, but il
is necessary to state it, 10 order that the tes
timony may be understood.
Martha A. Pickett, being sworn, testified
that she resided near Winfield, Carroll CO.,
and was the daughter of the late Milton Pick.
EFT. On October II she and her father left
home together and went to Luther Pieketlis.
Luther was seeding wheat in his field, and
was on one Of three horses hitched to drill
at the end Of row. Father said TO Luther,
i've came down to see if you would come up'
to the house, or 1--WE have come down to see
YOU and Luther said he would not 20,
pulled out pistol and fred. When he fred
commenced firing after | shot all | had we
ran Luther then had gotten off his horse; |
was in advance Of father when running; I.u.
ther came after us; | looked around to see IL
he was coming Luther had pistol in his
hand pointed at US. Just as father was get.
ting over the fence heard pistol crack, and
father said "Oh, Martha, I am shot ~ |
was then over the fence. took hold offather
and led him to Mr.. Davis. opened his
shirt and saw where he had been shot father
saying that the ball had passed through him.
Mr.. Davis took father home in wagon.
Father did not say or do anything to Luther
except what | said before. THAT noted
above. Father had pistol and took il
along with him to the field where Luther was;
1t had two loads ont before he started, for |
out when exhibited. Father was taken
home and Dir. Aldrdge sent for. Before he
ran, Miletus Pickett, brother of Luther, said,
"Shoot, shootv' This was on the 18th OF
last October, and father died on the l4th of
October. DIR. Aldridge told father that he
was in bad way, and il be had any worldly
matters to attend to he had better do IT,
Father said to me, 'Ain't it terrible he shot
meY' At another time he said to me, "Ain't
il pity that have got to die, trying to see
you righted ~
A cross examination Of the witness failed
to change the testimony Of witness or to elicit
any new fact. On redirect examination wit.
ness said her father did not draw his pistol
Mrs. Rachel Pickett wife of Milton Pickett,
deceased, testified, after being shown her late
husband plstol, mat II was IN the same con
dltion now that it was before the shooting
to3k place.
~ Lewis a; AldHdge testified that he at
Tended Million Pickett after he was shot. He
described the wound, his treatment, &c. He
also held post mortem examination, and
judged from the character Of the wound that
Milton Pickett died from the results Of the
wound.
The State closed with the exception Of one
witness, and Nimrod WEIGH, boy who was
in the field whca the shooting took place, was
put on the stand for the defense.
NimrOd Welch testified: Am II years old,
and was present at the shooting. Milton
Pickett said to Luther Pickett, "Are you
ready 10 go2' Luther said, "Non Milton
Pickett said to Martha Pickett. "Shoot,n and
she fired. Luther Pickett was on a horse
Milton Pickett had pistol in his hand Lu.
Their fired as soon as Martha fired. Martha
aud her father got behind a corn shock and
hired at Luther. Aiter the second shot I.u.
stepped from behind the shock and fired.
Luther fired at them after they left the shock.
Nliletus Pickett, o brother Of the accused,
testified We were in the field Luther was
seeding and Nimrod WEIGH was assisting.
Whilst talking TO Luther saw Milton and Mar.
tina Pickett coming Milton said GOOD
morning. The salutation was returned.
Milton said to Luther, "We have come for
you, and you have got TO GO Luther said
mo. Milton and Martha both drew reyol
Vers. Milton said, Here are the instru-
mehis, and we will use them" | said, Go
away from here, Milton said to Martha,
shoot shoot Milton pointed his revolt
yer at Luther, and, think, shot. Luther re.
turned Martha fire. Milton and Martha then
went behind a corn shock and shot at Luther,
and Luther shot at them. Luther got down
oil his horse and Milton and Martha then
started for the fence and fired but Luther
did not return II. Milton when about twenty
steps oil hired Luther returned it.
a eross'examination Of these witnesses
Jailed to contradict their testimony.
The case was continued Tuesday morning
Luther y flekett, the accused, was placed
IN the witness box ana testified as follows
! and brother went into the field early in the
morning had three horses hitehed to a
-, "'u A'"iiVa ,"vlSH was iuloNlns tne
drill. About o clock | told brother to go to
the house and get horse. Whilst witness
and his brother were talking, about some
work, Milton and Martha Pickett came up.
Milton and Martha Pickett came up and said
good morning to all. said good morning.
Milton SAID Luther we have come for you,
ahd you must so. said wouldn't. Mil
Ton then drew his revolver and his daughter
drew hers. lie said here are the instruments
and we VIII use them. He then told his
daughter to shoot. She fired, and think he
hred' linen hired. had q handkerchief
around my revolver and threw it of when
drew 1t out. They then moved behind corn
shock. She pointed around the shock and
fired at me, whilst was on the horse. fred
at the top of the shock. then got off the
horse and they both pointed at me again.
She fired and fired. They moved of in the
field. She turned and fired. Then Milton
fred at me and fred at him. They went
on to the fence and out OF the field. Martha
fired four shots OF me and fired four shots
at them. After Martha fred at me the first
time, my brother tMiletus, said "lIuther,
shoot. Witness explained having the re.
volyer in his possession at the time by saving
he had been to Frederick some DAYS previous.
and when he came home he changed The