The aegis & intelligencer. [volume] (Bel Air, Md.) 1864-1923, 1884-12-05
A BOY TRIED FOR MURDER
James Mackin for Shooting Mich
ael BacSiszta.
Plea of Insanity and SeIEDefence
Probable.

James Mackin, the boy charged with the MUIR
der of Michael Bacsizsta, a Hungarian laborer,
at Havre de Grace, on the 22d of May, 1884, by
shooting him with pistol, was brought into
court for trial, Tuesday morning The prsonGr
was represented by Hon. Henry W. Archer
Messrs VIM. Young and VIM. l.. Cooley asked
to have their names entered as counsel for
Mackn. Judge Waters said he had assigned
Mr. Archer to defend the prisoner, because he
had stated that he was unable to employ coun-
sci, but he seemed to have multitude of coun-
sell The court and jury, said Judge WATERS
can only recognize Mr.. Archer as counsel in the
case
Mackin, the prisoner, is a stoutly built, rudy
youth of eighteen, and Is the son of Joseph
Mackin, of Havre de Grace. He was well dress
ed and as he sat in the prisoners dock he mani
tested outwardly no more concern than the spec
tators around him. His father sat near him dur
ing the trial.
Only five jurymen of the regular panel were
sworn.
VIM. Henderson and Daniel p. Thomas, being
opposed to capital punishment, were disquali-
fled. Geo. Harrison, James Fletcher, Jos H.
Carver, Joseph Roussey, Henry Ady, Chas. H.
James, Newton McCourtuey and Cornelius
Cole, were also disqualified from having formed
or expressed an opinion in the case. Mr.. Cole
said his opinion was based on newspaper re-
ports, and in reply to questions by Judge Wat
tiers, he said he had no knowledge of the truth
of the reports and could give an impartial ver-
by the defence, and an exception taken.
George Rogers, Sir, Hanson Q. Cole, y. Trail
nor Archer, John E. Hardesty, Charles f. Cres-
well and j. Harvey Ball were also challenged by
the defence, and G.. z. &. Cook by the State.
Thos. A. Denbow, a constable, was excused by
consent. Dr. Thos. H. Roberts was also ex-
cused,
The regular panel being exhausted Judge
Waters ordered the sheriff to summon 20 tales
men.
Five jurors were obtained from the regular
panel, and from among the talesmen summon
ed the remaining seven were selected. OF the
| taesmen Henry z. johnson, j. NJ. Herman
Thos Poole, X. w. Holland Ira r. George, d.
E. Michael and John H. Fisher were challenged
by the defence, and Thos. A. Shannahan and
ID. H. Hanson, John Armstrong, Isaac Mechem,
VIM. A. Hope and W. F. Morgan were disquali-
fed, having formed or expressed an opinion.
The jury, was finally constituted, as follows /:
John Mccain, c. r. Jordan, Oliver N. Cole,
James F. Beatty and Charles g. Budd, of the
regular panel; A. o. Forwood, VIM. B. Jarrett,
| James Amos, Charles s. Richardson, Jas. r.
Lilly, John T. Flowers and II. A. Bateman,
taesmen.
States Attorney Maynadier, in opening for the
prosecution, said the State expected to prove
that James Mackin, on the 22d of last May, at
Havre de Grace came in contact, at John H.
Serricks' place, with Hungarian laborer,
Michael Bacsszta; that a difficulty arose in
which Mackn approached and made use of op-
probrious language and threats against Bacsisz-
Ia. For a time being things were quiet, beyo
certain approaches made by the prisoner towards
Bacsiszta and his companions; that they left,
| and Mackin went hone, armed himself, II not
| already armed, came back q short distance to
the depot, where the Hungarians were waiting
on the platform. Mackin advanced towards
Bacsiszta, drew pistol and fired three shots at
Bacsszta, the third of which alone took effect
Bacssz,a was at the time advancing towards
Mackin, but not in threatening manner, The
ball penetrated the mans heart. He staggered
to lamp post clasped his arms around 1t and
expired in few minutes. Mackin then went
to his fathers house. and told his stepmother
what he had doue and why he had done it.
"My son, did you shoot that mang''
eyes, shot him."
ooh, you did not shoot him ~
eyes l did. He called me - and shot
him, and I'll hang for IT."
The statement for the defeuce, as made by
Mr.. Young. was that Mackin's plea would be
selfdefence that his mother died when he was
ten years old; that his father was involved in
some liquor scrapes that when 12 years of age
he was bitten on the lip by dog that for some
years afterwards he would bark like dog. He
had read of the class of people, who had had
sheriff and deputy sheriff of Hartford county,
with rope around their necks.
The State objected to this statement of the
defence as tending to prejudice the jury against
the nationality of the deceased
The Judge said if plea of insanity was TO be
set up the statement of Mr.. Young might be ad-
missable. The latter said he expected to follow
il up with proof of the boys constitutional
timidty from the bite of the dog and his insanl-
ty from reading accounts of these people. He
had, from his standpoint, right to do what he
did.
Thursday morning the examination of wit
nesses began.
David III. Legates, keeper of the crossing at
the railroad depot, was first sworn. He testified
that on the 22d Of May, 1884, be heard some one
exclaim: "You, G-d-you !" Turning in the
direction he saw the prisoner, James Mackin,
with revolver In his hand. Mackin immedi-
atey fired at group of five Hungarian laborers,
who were huddled together on the passenger
platform One of the HungariaDs then advanc-
ed towards Mackin, walking on the track, with
hauds uplifted but open, aud MOI in threaten
ing attitude. Mackin continued firing. AT the
third shot the man dropped his hands, walked
to lamp-pos by the platform. clasped his arms
around 1t, and few moments afterwards sank
to the ground. His companions picked him up
and laid him on the platform. Dr. Smith was
sent for. The 1889 train was due when the fir
ing occurred. and as soon as 1t passed witness
went to the man and found him dead Upon
cross-examination by Mr.. Archer It was dis
covered that the witness was color-blnd and
that several cars stood on the side track, be-
tween him and the HuDgarians, but they did
not obstruct his view, he said. I-u