The Democratic advocate. [volume] (Westminster, Md.) 1865-1972, 1883-12-15

FULL REPORT OF THE TRIAL OF JOHN sNIDEI
A.-f4TTrp

FULL. REPORT OF THE TRIAL OF JOHN SNlDb''1
ron MASsLAUGITER.
State VS.. Jeremiah Albaugh, assault and
battery; tried before jury; verdict not guilty.
Henning for the State; Seabrook for the tray-
erser.
State VS.. Thomas Bixler, colored, perjury;
demurrer to the Indictment; demurrer sus-
tanned. Henning for the State; Reifsmder
Fink for traverser
State VS.. William Stewart, colored, larceny;
tried before the Court; verdict guilty; sentence
deferred. Henning for the State; Bond for
the traverser.
State VS.. James Rennals, from G. W. Crap
ster, j. p. arrest under the Tramp Act; mo-
ton to quash all proceedings; proceedings
quashed and prisoner discharged. Henning
! for the State; Seabrook for the traverser.
The trial of John Snider, indicted for man
slaughter. began on Monday last, before
Jury. States Attorney Henning represented
! the state, and Messrs. Seabrook and Pearson
the accused. In selecting the jury the State
challenged two and the traYerser sixteen.
Francis H. Zahn testified: 81 have known snider
on the night Of Friday. July 2ist went to Dungan's
hotel about $50 o'clock; was in the parlor TN
til 10 O'Clock; Snder was not there during the even
| ing; Null was there's he was little lively-aoout
| half tght-about o'clock; at 10 o'clock went out
of the hotel with my brother John; sat down on
| bench and my brother on chair; do not know
| what kind of night it was; there was no lamp IN
| front There was window and door in the sitting
and down the pavement; did not see Null till he
stood opposite me on the pavement dld not SPEAK.
My brother said, Here comes NoeI1ne don s dlhe
Good evening, Mr.. Noel. Null said My name is
not Noel. snider said, ! did not know what your
name was, Null then struck Snider in the neck
hard enough to turn him round; Snider turned and
| struck at him. and 1 them move toward the
pump: Null was not very drunk-only half tight.
Sull was noisy quarrelsome fellow; don't know
whether Snider struck him; my brother and then
ran away; we went as far as the washington road
and then went back Null had been carried into the
hotel when we got there, and Mr.. DUNCAN ana otn-
ers were washing ms be Scared Frank that WON'T
amount to anything 1 had advised him to give
himself up" 49,.
two weeks before the night of the fight saw Null
in Dungans bar about 10 or 10 o'clock; Snder was
not there stayed till about IL o'clock never saw
Snider and Null together; my brother Frank and
came out of the hotel together; we sat down, ana
Snider was walking up and down the pavement
Null came up from the direction of Mackleys.
said Here comes Nh. Null, he does not IKE 10 De
called NSe SPOKE 0 70 nM b efH he
Mr. Snider spoke to him. but the organ IN tne mouse
prevented my hearing what he said Nun men sara
his name was Samuel Null. Snider said, 1 did not
know YOUR name except what the others call you
Null cursed and swore that he could back every On
thing he said Snider asked twice what ne meant ana
Nuli repeated that he meant what he said, and
could back every d-n thing he saldi Nul! Ineh
struck snider and staggered MN PACE a a s sd
Null cursed and made motions TO strike again. Wnen
Snider struck him and staggered MN toward tne
Dump: | saw them close together at the pump; my
brother and | then ran as far as the washington
road; we went back and saw Null lying in the hotel
on his back unconscious. At my shop next Gay
Snider asked if l had heard from Null and said,
Don't be scared, he's not hurt it's only whlsKey
'i Mrs Mary smith testified 81 live opposite Dun
cams hotel; knew Null; do not know Snider except
BY sight. On the night in question went 70 PED
early for it was very warm; got up and sat at the
window; l saw three men at the pump lighting Pc
tween II and II o'clock, sat there good while,
and saw Sakng and be tWo EaRns run away it
very still, and did not hear word except You
led the other out into the middle of the street and
threw him down hard he fell like log; ne dld
not strike kick him, but just dropped MN IKE
log it was light as day; was not excited; an the
blows were struck after they got into the street, ne
did not fall at all except in the street"
Sonhia Iightner testified II was on my way
home and heard the racket, loud talking, and
second after saw Null run into the street ana the
other man following Close on heard What t sounded
like blow, and Null fell and then snlder came TO-
g : Dnngsn testified: ST have kept the Eastern
Hotel since the md of last April; know the pris
oner, he boarded with me for ten days before lhe
dificulty; | knew Null he and the prisoner never
met Mt nv house; about o'clock went out TO close
M: saw something in the street that thought was
was a man; he was lying his face near the mid
die of the turnpike there were no loose Stones eN
9mned ne spot w4 fSn bo9ter ncked him up ana
took him in the hotel; Or. Klink was sent ior ana
examined him, and said he should pc taken honie'
that he was not hurt much. took him home
Cross-examined, the witness said Ihere Is a
covered porch in front of the hotel, supported Dy
and inches high, with corners projecting. There
is a bench along the house twelve feet long, win
end pieces covered with hoop-iron; There IS
pump on line with the posts about five feet from
the end post In front of the pump IS hollow
filled with large stones WITH Rr0eci n6 RU ron n
project from to inches above the stone IL 'front.'
of the pump. There was no lamp nor light IN front
of the hotel that night there was light IN the sit
room; it was very dark night; there is always
water in the hollow in front of the pump; there was
not recognize him because of the mud on his face;
the most of the mud was made by water, though
oft was made by blood Tn There was no water
DIR. Frederick Klink testified: When called TO
see the deceased at Dungans hotel found MN
living on his back in an unconscious condition; his
face had been washed; there was a bruise and q
small cut near the left eye, not made with sharp
instrument; his breath smelled strongly OF liquor,
and n mint flask taken from his pocket was nearly
empty, and thought at that time he was drunk;
next morning was sent for again and went to ms
house where 1 found him still unconscious; made
careful examination at that time, ana found tnaL
he was suffering from compression or conclusion of
the brain or fracture; the affray occurred on the
DIST and he died on the 2Sth of July; never saw
him in conscious condition at tne postnort5eRf ea
ture of the left temporal bone; eliot OF blood had
formed, but the membrane Of the brain were not
iniured: his death was caused by this injury. Inc
bones which were taken from the skull OF the de-
ceased were produced and shown to the jury, and
VI A-~
Cross-examined, the witness said THE dura
mater which is the covering of the BRAIN was not
injured the bones simply pressed upon the mem
brane: visited the scene of the ARRAY, Inc VIII
ness then described the surroundings OF me scene
hollow the ends of the bench or the posts might
have produced such an injury as that sustained by
ground in front of the pump would be more apt to
cause such an injury than any other OF the OBJECTS
named If the cut had been made by a stone it
would have been lacerated and this was not the
case The witness then said: i attended Snlder IN
ia for heart disease it was in the latter part of Sep
tember he has an old chronic of heart disease
he is not sound man. and could not pass an ex-
animation for the army or navy; ne Knew OF ms
heart disease to make man timid and fearful OF
death; thought from seeing Null in bed that he
was q great deal larger man than Snlder;
John w Holmes testified: Samuel Null was feet
inches high and weighed 135 or lao POUNDS after
was nor. on n WenedaT Afterwards he was
hurt on Friday; he appeared TO be conscious TO a
certain extent he reused up ana opened ms eyes yes
NEUTRALITY-SUSPICIOUS. his wife then asked II ne
meant John Stitcher, and he said yes; could not
say that he was fully conscious he relapsed almost
Immediately into stupor
The State here closed
The first witness called for the defence was
brother of the prieopera, merchant from Baltimore
who testified, ''Dr Reltz attended my brother for
Heart disease some fourteen years ago. his mother is
living with me: she also has heart disease; knows
nothing of the difficulty having been kept in igno-
rance Of it on account of her physical condition"
Office & on the Main street. sit with my door open;
Null was in the habit of passing on frequent oeca-
sions and nearly always stopped-always, When
under the influence of liquor; he was exceedingly
disagreeable great pertnacity was one OF ms pecu
liarities: he was very foul-mouthed, and would
swear in a vicious and violent manner; ne ire
ouently caught hold of me and held me; l never
Thought he was vicious or that he would harm me,
but if l had been a stranger would have thougnt
50. his manner and appearance were violent, ana IL
I had not known him as did (having sort of pity
for him. l would have thought so; he had mao
manner a look of violence from his face and eyes,
and he talked and acted in such way as to make
an ordinarily reasonable man think ne was VICIOUS
and would do what he said.
f. E. Cootes Frank K Herr and A. n. stephan tes-
tilted as to the character of the prisoner DESCENDING
him as a well behaved, peaceable, quiet and harm
less man. and spoke of Null as Judge Maulsby had
previously done. The defense prepared to offer
a large number of other witnesses as to the charac-
ter of both Null and the prisoner but the STATE
agreed to admit the facts as testified by the wit
nesses already called, and thereupon the defense
On Monday afternoon the opening argument for
the State was made by Mr.. Henning, and for the
accused by Mr. Seabrook.
On Tuesday morning the argument was closed by
Mr.. Pearson for the prisoner, and Mr. Hennlng Ter
the State. The prisoners counsel insisted on the
theory that Snider acted in sefdefense; and that
Null when struck fell to the ground and by striking
his head against one of the pegs in 'front.' OF the
pump received the injury that resulted in his death
The case was given to the jury at noon, ana at
o'clock they announced that they hau agreea thab
the prisoner Is mot guilty.
Mary E. Griffee VS.. George NJ. Pearce, ex-
ecutor of Thomas c. Brown, deceased, was
begun on Tuesday and continued on Wednes-
H., Tbprcdov ond vastardav The suit was