The Democratic advocate. [volume] (Westminster, Md.) 1865-1972, 1882-06-10
CIRcIIr C0IrRT.
Conviction OF Andrew Pfautseh-MOtiOn
for New Trial. &c. Overruled-Death
Sentence-ApDeRI to Court of Appeals.


Sentence-AppeRI to Court of Appeals.
Circuit Court closed on Saturday last, the
petit jury being discharged with the thanks
of the Court. Below will be found the pro-
ceedings not heretofore published: State VS..
Addison Stonesifer, charged with assault with
intent to ravish. The jury after being out all
night failed to agree, and were discharged.
The State afterward agreed to confession of
simple assault, and Stonesifer was sentenced
to ten days in Jail.
Charles f. Smith and William Watts,
charged with stealing brass, &C., from the
Baltimore 4 Ohio railroad, were convicted
and sentenced year each to the House of
Correction.
George Black, colored, was convicted of
larceny, and sentenced to eighteen months in
the Penitentiary. Thomas Summers, colOred,
convicted of larceny in two cases, was SEN
fenced to the Penitentiary for two years.
George Lampert, for larceny of fifteen dol
lars, was sentenced to one year in the House
of Correction.
Thomas Bixler, colored, charged with as
saut with intent to ravish, was convicted of
simple assault, and sentenced to ten days in
Jail.
On Friday night at l1.45 o'clock the jury
in the Pfautsch- Lockner murder case an
nounced to the sheriff that they had agreed
upon a verdict and deputies were sent to IN
form the court, Judge Hayden, clerk of the
court, counsel for the prisoner, and the State
attorney. The prisoner few minutes before
had started for the almshouse in charge of
the guards, and messenger was dispatched
for him. At 1855 all being present the YER
diet of murder in the first degree was taken
and recorded. About eleven O'Clock the
Judge, clerk, counsel and spectators retired
! from the courtroom, believing that no verdict
would be announced that night
On the opening of court Saturday morning
the jury for the term was discharged, after
which Mr.. Fink, one Of the counsel for
Pfautsch, asked leave to move for arrest Of
Judgment and for a new trial, which was
! granted, and a recess was taken until z. NJ,
when he filed motion in arrest OF Judgment,
assigning the following reasons:
lst Because the record does not show that
the Jury was polled
"a. Because the record does not show that
the verdict was read TO the jury sitter having
been recorded by the court.
Sd. Because the verdict appearing ON the
record is not the verdict that was read 20 the
Jury by the clerk, IN this: That the verdict
/ appearing upon the record IS :. erdiei, guilty
I OF murder in the FIRST degree" and the yer
( dict as read to the Jury by the clerk was as
! follows: "Gentlemen Of the jury, hearken TO
/ your verdict as the court hath recorded It !;
| Your foreman SAYS. and so ron all say, that
I the prisoner at the bar is guilty Of the matter
( whereof he stands indicted, and 50 You all
say.
!. 4th. Because of other errors, ineonsisien-
{ cies. defects and irregularities NANTES, by
Z the record and to be assigned at the hearing.
/ Chief Judge Miller. who sat IN the case.
I being absent, Associate Judge Hayden desig-
mated Thursday las; A. the time for bearing
~. .r.A al
Z until that day.
( Court assembled at 10 o clock on Thursday,
I Judges Miller aud Hayden presiding, The
I following additional reasons were assigned IN
I support Of motions in arrest OF Judgment and
I Cor new trial.
LIST. That the Jury, who we're empanelled 10
+ trv said case. and found q verdict therein, did
I not find Of what degree 0f murder, they found
Z the prisoner guilty. but their verdict as read
TO the jury BY che deputy Clerk, Geo. A. Nil.
Ter, as the recorded verdict of the Court aud
BY them affirmed was that the prisoner was
+ asguiliy Of the matter whereof he stands IN
dieted.
"a. Because the record Of the Court does
not show that the prisoner was tired By alnFy
Of twelve men.
"a. Because the jury who tried the said
case. and who found a verdict therein did not
all. when they we're pollcd, answer ''gnilsy Of
murder ia the firss degree, bat some answer.
ed ouly s.railty' until pressed and prompted
by their fellows, and cue Of the jury, io.Sit /;
Joseph Arnold. when polled, answered .'guil.
w. and the Court said 10 him guilty Of
WHAT 10 which the said Arnold responded
LOT murder in the first degree.
4th. Thar the record of-the Court DOES not
shew that issue vas Joined en- the pica.
sth. That the record % the CosE4 does not
shavr that The pris0ner elscsssi how be would
BE- tired.
9Th. That the record shows that upon hrs
Arrangement she prisoner pleaded mot gull.
I tv' and that afterwards the plea Of not gail.
ty'' vas witkdnsszn and then &Hosser plea Of
mot guilty entered
9TH. Because the verdict ~ the JuFy, anti
it i recorded and affirmed by them Is recurd'
ed, Is no verdict, aud the.vcrincs affirmed by
them - the recorded Fegdics, i guilty Of the
matter whereof he stands indicted and -
the indictment does not specifically charge
murder IN the FIRST degres, bat facts that con
sfitute murder ~ Common Las, and IS the
iury b. their above ver3ict fail 10 hud the de-
rrec IL the crime, the cDur, IN aefeFence p
; he prSneiple az cansiraesioa '.iH mSsSnre
sensar oaghs 10 hold the faaing 20 he mas.
slaughter.
ssh. Because the record does nos sh0~ that
the plea Of mot guilty SAs withdrawn before
moffon 70 qaaSh and utuiurref EcFe niea ~
acted upon BY the Court
ath. BecaHsr one Of the Jurors eapanelled
on aid CASE. To- uit.--Johuxee L. Baaman,
was nos directed by the depaty Clerk, Geo.
A. Miller. who sworc the said jury, 70 look
upon the prisoner NJ the bar, Sseer the Court
had determined him 20 BE- eompeteut laroI
and afser the State and prisoner had seeepseS:
him and before he was sworn - juror,
Afidavits Of JohnJ. bAamgartnet, Charles
L. Fink aad Charles I. ReifsnideT we're hied
as 10 the fheis alleged in The foregoing reasons
The motion in arrest Of Judgment was then
fully argued BY Messrs Reifsa,der Flax Ton
the prisoner and Mr.. Henniug for the State:
The motion for new trial was then argued
BIZ the same counsel.
Affer q few moments deliberssion Judge
Miller. delivering the opinion o. the Court.
said The Court sees no reason why i shall
NOT 81 once decide the motions There arr
numerous reasons assigned in ssppori u both
motions. and they have been as veil aud ably
presented and argued as any prisoner could
desire Of his counsel. We have listened care.
faIlv, and II there were any doubs in our mind
on any point, We would take a longer tims 10
consider the IAatteF, bat every point = 50
clear that We must override both ulnilnRs,
The Court then asked the prisoner Have
veu ANYTHING to say A. to why the sentence OF
the Law should not now be pronounced upon
YOU
The prisoner rose from the dock, and took
\ step forward and said:
II did not do cents worth wrong. lneTei
had It in my mind, never was willins, the
boy done the harm, he called his father, he
done all the harm. ! was wilkins 70 shoot 4
rabbits, vas wilkins make basket, do no
harm; so sure Is | and every body goes to
heaven, do not a cents worth wrong.
During the utterAnce Of these broken words,
the prisoners eyes filed with tears and he was
Welt nigh overcome by his feelings. bat he
recovered himself Immediately and walked
back to the dock, where he afterwards sat, the
most unmoved person in the Court room.
THE SENTENCE
Judge Miller then said; You have had rs
fair a trial as n man ever had in any State.
Thejury selected BY You and your counsel, vas
an excellent one and gave unusually careful
attention to the evidence, seeking only 10 dc
their duty. Every point in the case where
there might have been possibility of doubt
Of the law or the admissibility of evidence,
was decided in your favor. The sentence
about TO be pronounced upon you IS not the
sentence Of the judges, il is the sentence OF
the laws Of which the judges are bat the min
listers. We can only advise You 10 devote the
remaining portion Of time between this ane
your execution, in preparing for that world 70
which you must go. The sentence of the law
is that Won. Andrew Piautseh, be taken 10 the