The Democratic advocate. [volume] (Westminster, Md.) 1865-1972, 1880-12-04
CIRCUIT COURT

for traverser
James Robertson aud others, Us. Caroline
Roberlson-aciion of ejectment. IN 1915,
lanes Smith, the grandfather of the plaintiffs,
conveyed by deed to his daughter, Ann Rob
ertson (mother Of the plaintiffs and wife Of
jeremiah Robertson, the father Of the plain
tiHs,) and her heirs, large tract of land near
Westminster. She and her husband occupied
il until her death, in 1862 and from that tune
to 1879, when he died, her husband occupied
and cultivated it MS life tenant. On his
death, the defendant, his second wife, refus.
ed to deliver possession to the plaintiffs, the
heirs.at.law oil Ann Robertson, deceased.
Suit was brought for the recovery Of the pre-.
misses and damages for the detention by the
defendant Tried before jury Verdict for
plaintiffs for 5000 Smith 4 Mckellip and
Pearson for PLAINTIFF.
Trial OF Hartman sehman.
Judges Miller and Hammond having gone
to their homes, Court opened Monday morn.
ing with Judge Hayden alone presiding. The
case ofthe State VS.. Hartman Sehman, charged
with putting cross.tie on the track Of the
Baltimore and Ohio railroad near Henryton,
in this county, on July 81 last, was taken up.
ID. n. Henning, assisted by Charles l.. Fink,
appeared for the State, and George NJ. Pearce
and James A.. C.. Bond for the trayerser.
Opening statements were made for the State
by Mr.. Fink and for the defense by Mr.. Bond.
Jeremiah Morningstar was the first witness
called. lie testified that he was in the EN-
ploy Of the Baltimore aud Ohio Railroad, and
rau a freight engine. On the night Of July
81 last, between s and o'clock, he was com.
ing east with train of twenty. eight loaded
cars and that just above (west of Marrio,ts
vile tunnel he discovered that something was
al L..
out saw fire flying He stepped out on the
bumper aud noticed cross.ie under the en-.
gine; went back, blew whistle for down brakes,
and reversed the engine. The train ran from
one fourth to a half mile before it stopped.
He got out aud examined the engine, and
found cross.tie wedged in under the pilot,
and stated that had 1t been little further
under il must have thrown the engine from
the track. The tie had been used but was
sound one.
Daniel Moller, fireman on the train, and
Patrick Boiler brakeman, testified to the
fact that the train, on the night of July 81,
near lenryton, had run upon u cross tie, and
cOrrOborated in the main points the engineer
testimony.
Michael j. Corcoran testified that he was
detective in the employ Of the Baltimore a
Ohio railroad, aud knew the prisoner. He
continued-"A report came to the depart
ment that a tie had been placed on the track
and was sent to work up the case, and was
two weeks at it. On the nth Of August, dis
guised as a tramp, | boarded train in Balti.
more which was due ut MarriOttsyille at quar-
ter OF o clock p. N. | left the train before
il reached Marriotsville and walked to that
place | remained in Marrottsyile about
20 minutes or half an hour, then went up the
track to Henryton. There | saw train 20.
ing east, and a man and boy on the platform.
| saw the man shake his list nj the cars, and
say ''you sons OF BIS will give you some.
thing harder than man TO hit | asked
them for n chew OF tobacco When first stepped
up to the platform aud the boy handed me
some as the man was shaking his first at the
passing train. | told them had been put of
the cars and that had come from Wheeling
The man said 81 will get you on train.
He said to the boy fisherman, 60 home,
and the boy left. pulled out bottle Of
whisky aud asked the man to take drink
He said you drink first. | said | could not
drink without water. lie then took me to
spring behind u store, and we then drank
We went back TO the platform and sat down.
] told the man that wanted to 90 home, that
| lived in New York. He asked me il | was
put Oft the cars, and said yes. He said II
ktt YOU bll NEMlNs Ahhth Hlul now Ilt
said put tie in front Of them. said did
you ever do that aud he replied yes. asked
when, aud he said the last Saturday in July.
asked what for, and he said they struck
friend Of his Billy BOxalll and he would be
reyeuged on the sob. 1 asked him what
his name was, and he said Hartman Sehman.
| told him my name was Boyle. proposed
we should take drink and we drank We
talked u little more and took another drink.
He proposed ! should go home with him that
night lie said my name is not Hartman
Sehman, my name is Charley Sehman; there
goes Hartman Sehmau on the other side Of
the track said that was all right and we
started up the track. When we had gone
some distance | saw him remove his pistol
iroa his hip to his side pocket. ! pretended
to be afraid and sald-''you would not kill u
poor tramp, would your | will give you all
| have, twenty cents and the whiskey."
asked him to let me see his pistol and he
pulled II out. grabbed it, and covering him
with his aud my own pistol | said-"Open
your mouth aud will blow your head of" |
turned him around and, making him walk in
front, took him down the track TO watch box
near the tunnel. | asked Sellman, the watch
man, who the man was, and Sellman said il
was Hartman Sehman. said Hartman you
road official. | stopped the first train, took
the prisoner to Elhcott city, aud had him com.
mited for the action OF the Carroll county
authorities. A cross.examination did not al.
feet the above testimony or elicit anything
new ofimportance.
Sherman Evans stated that he was on the
platform ut Henryton with Sehman whea
Corchran, he thought he was a tramp them
came up. CorcOran asked for some tobacco
and he gave him chew. Sehman, whilst he
turned 10 give Corcoran some tobacco, raised
his hand to the passing cars and muttered
something, he could not tell what, for he was
not paying any attention. After the train
passed Sehman went up to him and shook
hands and said that he (Shermanj had better
go home. Witness then left
Hampton Evans live near Henryton and
know the prisoner recollect the accident
on July 81. saw the prisoner walking alone
on the railroad near Marriousyile tunnel on
that night, between and o'clock, and spoke
to him. Sehman grunted in recognition. The
State here stated that the indictment charged
intent, &C., and that it was competent to
show previous acts OF similar character,
aud that they would prove that Sehman and
another party about year ago had placed
cross-ties on the b. 4 q. railroad. The de.
Tense objected and the Court was considering
the point when the hour OF djournment rolled
around.
Tuesdays session.
Owing to physical disability, consequent
upon TALL on Friday last, of Jas. A. c. Bond,
one of the counsel tor defense, Col. WIN. p.
Maulsby appeared in the case to-day for the
defense. The Court upon assembling over
ruled the motion TO introduce testimony as to
similar acts OF the accused one year previous
TO the allegation in the indictment, delivering
a long opinion thereon. The State then an'
nounced that il was through the witness, and
Hampton Evans was called for cross. exami.
nation.
lie said he was on the platform, at Henry.
ton when he saw the accused walking along
the track, aud it was between aud 0o'clock
at night Did not know where the prisoner
was going. Sehman was not going toward
his home. He was about twelve or fourteen
feet from Sehman, aud he said chow are you,
sir, and Sehman grunled. Was once in the
employ of the b. a o. railroad, but has not
been seeking employment again. GAiter corn
planting time ia May or June last, ON the
railroad track, from Marriottsyile to the tun
mel, did not say to Jim johnson that the rail.
road track should be torn up TO Wheeling.
L.. 49, =.