The Cecil Whig. [volume] (Elkton, Md.) 1841-current, 1885-10-03

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coursing largely upon the probable issues
of the trial. The prisoner was brought
into court at Q. 30. His face and manner
were expressive of perfect mental clea-
rness, and close observer could have
seen that he understood things as we'll
at the moment he faced the worthy tri-
| bunal i'll whose hands was held his life
as he did Oh the morning of the 3Oth of
last May. The prisoner was arraigned
on both the indictments found against
him, and they were tried together. His
counsel elected to have the case tried by
the court. Judges Robinson, Wicks
and Stump were on the bench. James
Toulson, the first witness, is the father
in-law of Barnes, and also of Brown.
they having married sisters. Toulson
testified that on the morning of the kill
ing Brown was taking him to the depot.
lie was going to his home in Whining
ton, where Barnes's wife was staying,
she having been compelled to leave him
owing to his bad treatment. He had
been to see Barnes the day before, and
he had promised to give him check to
take home to his wife. AS they drove
up to Barnes's house he was in the yard.
They stopped the team. Barnes came
out of the yard with gun in his hands.
Brown got out. Barnes said he wanted
satisfaction, and put the gun up to his
shoulder, took it down again, walked
few steps away, and then turned around
and was putting the gun up to his
shoulder when Brown said: Charley.
you pointed that gun at me, but I'm not
afraid you will shoot" Barnes then
discharged the gun, the charge taking
effect in Browns left shoulder, killing
him instantly. Barnes said, "She NAV
as well be widow as the other" and
went in the house. The witness went
off to house near by. The time of the
shooting was $50 \. NJ. Barnes's wife
had been away from him for several
weeks, and had two of the children with
her. She had left him before, but re-
turned on his promise to stop drinking.
The testimony of Toulson, and of little
Earnest Barnes, son of the prisoner who
was also shot, constituted the only i'm
portant testimony, with the exception of
the medical opinions offered by Drs.
Ellis, Brown, and Wood,-the state
ments of the many witnesses being
very coroborative. An evening session
of the court was held, at which William
Winchester, Sheriff Smith, DR.. Charles
Nj. Ellis testified for the defense, and ex-
pressed the opinion that the prisoner was
not of sound mind when the killing was
done. The defense here closed. For
the prosecution, DR.. Horatio Wood. pro
fessor of nervous diseases in the Uni
versity of Pennsylvania, stated that he
visited the prisoner in the latter part of |
July; the prisoner affected to have for |
gotten all about his home and family.
This was feigned, as the only kind of in
sanity this could have been an evidence
Of was dementia, and this he was sure
the prisoner had not. This would not
prove, however, that the prisoner was
not insane. He was inclined to think
that though not insane his mind was
affected. The killing of Brown, he
thought, was probably caused by drunk
enness rather than premedtated. Both
sides closed their case. Medical books
were referred to the courts attention by
the defense. The court wanted to recall
a witness who was not present and he
was heard the next morning. The case
was not argued. States Attorney
Daniel Brattou and ex-State's Attorney
Charles G. Crothers appeared for the
and Robert G. Thackery
and Albert Constable for the defense.
On the following day, Wednesday, ow-
ing to the fact that Judge Stump was i'll
and was obliged to go home, the court
did not render decision in the Barnes
murder trial. Jacob Pierson, farmer,
residing near Elkton, was tried for assault
on his bound boy, Benjamin Ross, by
his feet to be badly frostbitten.
The boy has lost all his toes on both
feet. The defense was that the
boy lay in box containing
wheat one cold day last winter, and that
his feet were frozen in that way The case
was tried before a jury and verdict of &C
quittal rendered. The boy was not per-
mitted to testify, as he did not know the
nature of an oath. On Thursday morn
ing Judge Stump, having recovered from
his indisposition, appeared in court
aud took his seat upon the bench. Shortly
before the hour of adjournment, the con-
sideration of the case which had occupied
the attention OF the court was suspended,
and Charles p. Barnes was brought in in
order that the verdict of the court might
be announced. The words of the Judges
which was then delivered, were
touching and eloquent. He threw the
whole blame for the prisoners unfortu-
ate condition upon his inebriate habits.
Barnes was sentenced to seven years i'm
prisonment for the murder of Brown and
the same time for the murder of his son,
James Arthur Barnes, making IA years
in all. After the disposal of this case
Richard J. Conner and Frank Marklee,
who plead guilty on Monday to larceny
of articles from the Union News Com
pany, were sentenced each to Is months
in the House of Correction. Court took
recess until f. 30 o'clock, when the Oliver
will case was concluded, the verdict sus-
tanning the will. George Parker, the one
legged man charged with setting fire to
Elk Neck wharf, was released. no evil
dence being found against him and the
Ericsson Steamboat Company declining
to prosecute. The jury in the Oliver
contested will case rendered verdict
sustaining the will. On Friday the mo-
ton of defendants for new trial in the
case of Mrs. Ringland VS.. P w. & B.
Railroad, which had been argued before
the court on Thurday night was again
called and the court rendered decision
to theeffectthat plaintiffmust accept$1000
damages or the case would be retire d.
Plaintiffs counsel refused the dimin-
shed damages. 1t will be remembered
that on last Friday Mrs. Ringland was
given verdict for $4,000, but the defend
ant argued that this sum was excessive.
and that the inflamatory appeals of the
plaintiffs counsel to the jury were i'm
proper. The case of Anderson of Port
Deposit charged with keeping disor-
derby house, was next put on trial and
is before the court as we go to press.
The judges are making every effort to
clean the docket by tomorrow. but it is
not likely that they will adjourn until
Monday.
New raisips, cranberries, canned salmon,
soused mackeral. Full line staple and
fancy groceries at right prices.
f. p. Price.