The Republican. [volume] (Oakland, Md.) 1877-current, 1883-09-29
Court Proceedings.

principally given to criminal trials.
Previous to adjournment sentences
were passed as follows:
John Cook, charged with the lar
ceny of money from James T. Brady,
tried Monday and found guilty, was
sentenced to a term of four years in
the Penitentiary.
Marks Lancenberg, tried last week
on two indictments for larceny of
money and goods, was sentenced for
term of ten years.
In the case of Geo. Kissner, charg-
ed with the larceny of horse from
Col. John E. Wood, tried last
week and found guilty, the verdict
was set aside Monday by the Court
and new trial granted bond in the
sum Of $500 for his appearance at May
term.
The case of John Smith, charged
with the murder of Josiah Harden,
was given to the jury Friday even
ing. After an absence of thirty min
utes the jury returned and rendered
a verdict of guilty. We give the fol-
lowing brief summary of the trial:
The evidence was that Smith was
IN Elkins on May 18th. drinking and
carousing and making threats against
various persons, telling Jackson Shil-
lingburg that he was going to leave
the next day, but before going he
would do something that would make
the people of Elkins remember that
day forever, and that in one of the
saloons there, he approached and
looked very closely at Benz. Miller,
then said: "You are not the s. of a
b-h l am looking for, it's Harden"
He left Elkins about six o'clock in
the evening, going towards Harden's
home, about one and a-half miles
away, when short distance from
town he stopped and fred off his re-
volver FIVE times, then reloaded and
proceeded on his way. That, as tes-
titled to by Harriet E. Harden, wild
ow, and Robert Harden, son of the
deceased, and Alfred Lee, he went to
Harden's house between 6 and 7
O'Clock and remained there until s
O'Clock, holding conversation with
various members of the family. He
paid Harden FIVE cents for mending
his boots and while the latter was out
said to Robert, Mrs Harden during
this time being up-stairs). "your
father don't like me very WE'LL" and
also told them that he had present
for every one Of the family, and was
going away, but would be back in a
half an hour and give 1t to them. He
then inquired whether a grown son.
Jim, or son-in-law,S Sam Lewis, would
be at home that night and when told
no, said that he"had d nice instrument
in his pocket which made nice mus
ic. but he would not have as much fun
as he expected as Sam and Jim were
away and no one at home but the old
man" He wanted Harden to take
a drink of whiskey, but Harden re-
fused and said, John, it Is bedtime,
and l want to go to bed so as to get
up early in the morning to do some
work 1 have contracted for" Smith
said Ego to bed,' but Harden replied
''no, it wont be right to go to bed and
leave you here" Smith then said
''good evening" and left, and just
afterward he was seen by Robert
standing on a cross. tie few feet from
the house looking back into the
After that the family com
10 prepare for bed. Little
Alice, nine-year-old daughter, was
asleep in bed in the corner of the
room. Harden was sitting with his
back toward the window his coat boots
and socks off, his feet resting on the
stove, his wife and two children beside
him. When about half an hour after
Smith left a shot was fred through
the window, the glass fyingall over
the floor, followed all almost immedi-
stely by another shot and more bro
ken glass. Harden jumped up, shook
his hand. felt his shoulder and said
''don't do that Smith, don't do that
any more, that's enough of that" He
told his family to- run upstairs and
toward the door. Some one
breaking open the door met him
there, and sufffe took place, during
which three more shots were fred.
Little Alice testified that she was
awakened by the noise, and at the
foot of her bed, between 1t and the
door she saw Smith, and identified
him as the prisoner at the bar, with
a revolver in one hand. holding her
father by the throat with the other,
and shooting him in the neck. She
then ran upstairs, and as she did so
she saw her father fall. After this the
noise of chairs, dishes, &C., being
thrown around in the room below