The Cecil Whig. [volume] (Elkton, Md.) 1841-current, 1884-09-27
Circuit Court Proceedings.


Saturday, resulting in verdict of guilty.
The court imposed fine of $500 aud
costs iii each of the two eases.
The ease Of State VS.. Edward Viii
liams, indicted for assault upon John
Henry Young, was next tried before the
court. Verdict guilty, fined 81 and costs.
In case of State VS.. VI. Louisa Miller,
the jury rendered verdict of guilty.
This was the second case against this
lady. She gave bond to appear Oh Mon.
day.
On Monday the ease Of john +. Uur-
ford VS.. Hanson f. and Job Haines ex-
ecutors of Eli lIurford, deceased, was
called, and "a verdict by consent taken in
favor OF the executors, sustaining the
will of the deceased. This was com
promise between the parties. Our read
ers will remember that this case was
tried about year ago and the jury failed
to agree. The basis of the compromise
is that Mr.. Hurford is to receive the sum
Of IS, coo from the estate.
Another local option case followed
that of State VS.. Clara Rutter. tried be-
fore the court, with tie agreement that
the same verdict given i'll this case be
entered in another one on the docket
against her. The prosecuting witness
swore that he got liquor from Mrs. Rut-
ter, but could not remember whether he
paid her for it or not. The court there
upon ordered verdict of not guilty to
be entered in the two cases, and gave the
witness a sharp reprimand for swearing
one way before the grand jury and
another before the court, directing tie
clerk to allow him no atteniauce in the
eases.
Mrs. NJ, Louisa Miller was then called
to the bar, and the court imposed f lie
of 800 in each of the two cases against
her.
A. noon on Monday the case Of Walter
7. Jackson :: Co. VS.. Etwlrd Sutphiu,
garnishee, Of James Hogan {, Co., Was
put on trial before jury.
This case occupied the court until
Tuesday morning when a verdict for
S259.40 in favor Of jackson was rendered.
The case of State VS.. Capt. James 5.
Mitchell indicted for killing George W.
Oldham last May was then begun.
Counsel for the defendant demurred to
the Indictment, but the court overruled
the demurrer. Capt. Mitchell boarded
with Geo. W. Oldham, tenant, living
on the farm belonging to the estate of
the late Francis Cruikshank. The par
ties had quarreled and came to blows,
and Oldham, who had lived on the farm
about two years, died from the effects
thereof. Both parties are very highly
respected and connected in Cecil county
The case was tried before the court.
Mrs. Mary L. Oldham, widow of the
deceased, testified that she was sitting
on the side-porch OF the dwelling. Her
husband said he was going out to attend
to his sheep. AS he went out he passed
the Toulouse, when Mitchell called to
him, asking what he had done with
hoe which he had taken QUO. Oldham
said he had put it back in its place, and
when the lie was passed Mitchell went
down the steps and the fight began. Mrs.
Oldham added This was on May 16,
AMI Oh May 2G my husband died. When
saw them first Mitchell was striking
him over the head with a club. When
ran out to my husband he was unccu-
scious and very bloody. and was never
conscious up to the time Of his DEATH
Miss Annie Oldham, daughter of tie
ceased, testified Il was sitting in .he
dining room when heard Mitchell call
father liar. | ran out and found Mitch
ell beating father over the head, and al
forwards catch him by the throat, aud
they fell, Mitchell on top, and beating
my father with his fist. | called to him
and begged him to stop. | was running
toward them at the time. When Mitch
ell got Off father he was unconscious and
very bloody. | thought he was dead,
and told Mitchell he had killed my
father. When | first saw them Ray
father had a stick in his hand, and
struck at MITCHELL
Dr. IIardcastle said that DR.. Ellis, OF
Elkton, had charge Of the autopsy. Dir.
VIII and | assisted. think death le-
suited from concuSsion of the brain
caused by blows. | think tie clo.ted
would produce death" The testimony
for the State closed and court ;.ajDurueG
until Wedncs lay, when Mitchell testified
in his own behal'. He said | am bG
years old. lived on the farm rented bv
Oldham, aud occupied and used the tool
house where | was when the quarrel oc-
cured. OLDHAM came by the tool house
aud asked him where my hoe was. lie
said lie had returned the hie, and Whcu
| told him nc had not he called me i liar.
oldham met me at the foot of the steps
tnl struck me with an axe helye as soon
as [ reached him. | then turned in to
defend myself, and struck him twice vita
my stick. Oldham hit me several times.
and njured me severely. After Oldham
fell | struck him twice with my fist, but
| was never off my feet during the fight.
| acted entirely III selt-defence. y
number of witnesses testified to the good
character and generally peaceful DISPOSE.
ton of Mitchell.
the intense provocltion, sentenced him
to pay fine of 81 and costs, and to be
imprisoned in the county Jail for eight
months.
The case of johnson VS.. the p. ". Il
B. railroad followed. This was a salt for
| damages. The plaintiff, the holder of an
excursion ticket between Elkton and
Philadelphia, boarded Wilmington ac-
commodation at Philadelphia. The con
ductor demanded fare. Johnson claimed
he had right to go as far as the train
went on his ticket aud refused to pay,
when the conductor put him off. For
this he claimed damages. The case was
tried at former term of court, when
the jury failed to agree. This time the
court ruled that the plaintiff by his
| pleadings showed no case, and threw it
| out without letting it reach the jury.
James f. Rathenburg, native of Eng
|