The aegis & intelligencer. [volume] (Bel Air, Md.) 1864-1923, 1882-12-01


thrown. Smith did not move after he fell
Ida Butler, another of the party, testified
that fuss commenced, Broadway got out
and tried to pull Smith out. He then drew
back to throw u stone into the stage when
Mrs. Smith told him not to throw among the
ladies. Broadway got back into the stage
and the party went along merry and singing
as before Did not see Smith struck and got
out of the stage when his body was put into
it
Jane Bradford's testimony elected no new
points.
Maria Smith, widow of the man who was
killed, was the next witness. She testified
that she accompanied the others from her
fathers on the Mountain, to her sisters,
where there was to be a party. Quarrelling
began at Friendship, but could not hear what
was said. Broadway got out of the stage,
tried TO pull her husband out, attempted to
throw a stone into the stage, but desisted at
her request, was pacilied and got back into
the stage saying he was done with it. The
men got out to walk up HILL Some one
said that her husband was killed. She got
out and hurryng forward found him lying
on his face. Did not see him move The
body was put into the stage and taken to her
sisters Did not see her husband draw pis-
tol or knife at any time that night.
Georgeanna Stevens and Amelia Bradford,
coI0red, also testified that they were of
the party and related the same story told by
the other women who were in the stage.
Samuel Dorsey colored, heard Smith cay
to Presbury to take his feet out of the way or
he would crown him. Broadway took up
the quarrel and ju nped out and tried to pull
Smith out Dorsey saw the cut over Broad
ways eye and on his finger.
a. =. &
Smith, at whose house the party was held,
testified that he helped to take Smiths body
out of the stage and carry it into the house.
The body was carefully carried in
Humphrey Wilson, the justice IF the peace
who held the inquest, testified that he found
II pistol on Smiths body. but no other wea-
pom. The ground where Smith fell was sandy
and the dislocation of the neck could not
have occurred there by the fall.
The State rested their Gaze at this point and
the examination of witnesses for the defence
began. The first witness was
Charles Stokes, colorcd, who testified that
while at work in Mr. McComas's canning
house with Broadway, Smith came there, Il
day or two bef,re the party, cursing and
swearing. Broadway said he was cursing
him. Broadway's general reputation is good
Don't know who Smith was cursing. Heard
him make no threats towards Broadway.
Joseph Broadway, the accused, was then
sworn. He testified that he was born in Bal
timore city, and raised by Benjamin F. and
Peter +. Carroll Worked last summer and
this fall in Mr. McComas's canning house -
A party was gotten up to go to Gibbs. When
the stage was ready to start witness declined
to 20 because Smith was going, and offered
to give his place to Jacob Bradford and pay
for it. Was persuaded to go. The party
stopped at Lynch's and the men got out and
took several drinks. After passing through
Faston Smith began cursng Presbury, who
was cursng back Witness said :"Will, stop
that Nubo y is going to hurt you here -
Smith then began Cursing witness and threat
ened to use his pis oil and knife. Witness
then got out of the stage and getting on the
step WAS talking to Presbury, when Smith cut
him with Il knife and falling to the ground
the stage ran over his foot. Some one fell ON
him. He got stone, about as large as
len's egg and said he would knock Smith out
of the stage whit. Bradford asked him moi
To throw into the stage, on account of the
children. Did not throw, but got into the
stage. A, Sandy Bottom Mr.. Standiford
asked us get out and walk up the hill,
which we did. Witness was talking witt,
Bradford, ms they walked along, when Smith
from him. Witness said, Don't say that"
Smith replied, II have been taking care of
myself since was twelve years old and hay,
my knife and pistol" He made an advance
towards me and | defended myself When
picked up the stone at Friendship put it
in my pocket. That WAS the stone threw.
Witness thought his life was in danger when
he threw the stone. Had been threatened
before by Smith After throwing the stone
witness: There he is won't lay my hands
ON him" Witness then went up the road
about one hundred yards, and getting over
fence came back to where Smith lay, to
listen TO what was said. After the party
went on to Gibbs with Smiths body, the
witness followed, and getting his hat out OF
the stage, started for the Mountain. Wenl
To- Mr. john b. Price, the constable, and told
him what had occurred. He told witness to
go to work, if his hand would let him, and il
he was wanted lie (Price)would call for him.
Went back to Mr.. Prices again. When
SIN tn was cursing in the canning house he
did not speak TO witness, but would curse
Sam Dorsey, and say, dorsey, | don't mean
YOU
On the cross examination by Mr. Magma.
dier, the witness said Smith had turned and
was facing him when he threw the stone
Messrs. Peter f. Carroll, VIM. Creswell,
VIM. II. Stagmer, Geo. w. McComas, VIM
Holmes, John Price. John A Cunningham,
Z. l.. Sawyer, Benjamin Standiford, Elijah
Kirk and Peter Bishop, Jacob Bishop, VIM.
Washington, George Bradford and Others ties.
tilted to the good reputation of the prisoner
ms peaceable, quiet, orderly, well disposed,
law abiding man.
John b. Price, constable. also testified to
Broadway's good reputation, and said that
on the morning after the occurrence Broad
way came TO his house, sht rtly after sunrise.
and told him what had occurred. Witness told
him to go to work, if his hand would let him,
and he We uld call for him if he was wanted
When news came that Smith was dead, he
arrested Broadway. The latter had come to
him, before the occurrence, in regard to
threats made by Smith.
Jacob III. Dozen, Henry Scarf, Samuel
Dorsey, colored, Scott Stamford, Jacob Brit.
ten, c0ored, Charles Stokes, colored, Isaac
Butler, colored, Jacob Bradford. colored, all
testified to the good character of the accused,
The examination of witnesses closed at the
at the night session on Friday.
On Saturday the case was argued by States
Attorney Maynader and Thomas Ii. Robin,
son for the State, and Messrs. Stump and
VIM. Young for the prisoner.
| The case was given to the jury at o'clock
and after remaining out all night they
| brought in a verdict of "manslaughier." The
punishment for this grade of offence is con-
| fnempnt not more than ten gears in the peil-
| ilentiary; or in Jail not exceeding two years,
| or fine not exceeding $500. or Imprisonment
in Jail and fine in the discretion of the court.