Port Tobacco times, and Charles County advertiser. (Port Tobacco, Md.) 1845-1898, 1886-11-26

applicable to the case and the evidence therein.
3rd. Because there was no evidence Rgaiiy
S. tficient to Justify the verdict as rendered
4,h Because there was no proof that the
alleged ofense was committed within the juris-
dctiou of the Circuit Court for St. Mary s
county, as charged in the indictment.
r H. EDELEN,
B. H. CAVALIER.
| ID. r. MAGRCDER.
Attys. for defense.
Argument on the motion was then begun
and occupied the entire session Of Court, being
argued for the motion hy Magruder and Edslen
aud against i, by Hamm-tt and Wilmer. The
point chiefly dwelt upon BY counsel was that
Of jurisdiction and upon this point the argn
ment on both sides was exhaustive and
thorough Senator Edelen also commended IN
forcibly manner that the evidence tended to
show tina, the killing was done 10 self defense.
At the conclusion of the argument the Court
held the m utter SUB cu:io, aud Court adjourned
until Tuesday.
Tuesday-Court called this merning at the
usual hour with full bench in attendance. As
Stone in an elaborate and comprehensive opin-
ion gave his reason for everything the motion
for a new trial in the case Of State vs.. John b.
Biscoe The Judge fully and completely re-
viewed the evidence 10 the case showing the
strong probability of the guilt Of the prisoner,
and said tina: if in the opinion Of the Court there
had been one link in the chain OF evidence
wanting or any extenuating circumstance faver-
able to the prisoner had been shown The Court
would have granted the motion and allowed
ne trial but from the aspect the case presented
the Court was forced TO refuse new trial.
Cou usel for defense then made a motion for ar.
rest of judgment on the ground OF an insuifl-
Gent verdict; but this also vas ovsrruled by
the Court. Judge M.gruder then gave notice
tina, be would file bis exceptions and carry the
case to the Court of Appeals.
The case Of State vs.. tt o.. F. Nicholson was
then called. In this case Nicholson, late
collector of taxes for the 4th district. was in-
dicted as a defaulter Counsel for defense de.
INJURED to the indictment and the whole session
Of Court was consumed 10 arguing on the de-
murrer. M4gruder AMI Edelen argued for the
demurrer and Wilmer aud Mitchell against.
The chief point raised by the defense was the
uuconstitutionality Of the statute under which
the indictment was drawn. This point was
argued at length by counsel in forcible man
ner. After the Court bad deliberated on the
matter for some time Judge Stone g n,lly an
nounced that there was divided opinion
among the Court on the issue raised and said
that they would not decide the question but
made the proposition to counsel tina, the ques-
tion as to the ,lidity OF the statute he carried
to the Court of Appeals 90 n pro form decree
for adjudication. This was agreed to and the
question will be argued in the appellate court
at lis January session. Court then adjourned.
Wednesday Court opened at the usual hour.
The case of Bowling W. Chappeear was 6r<t
called. The morning session was occupied 10
disputes between opposing counsel and in En-
paneling jury in the case Little testimony
was taken in afternoon and at 8 'clsck court
adj jour ned until Friday morning at 10 o'clock,
ba wing adjourned over yesterday, being Thanks
giving day. The case on trial is novel and
interesting one. Ii seems ths, Mr.. B. F. Bow
ling sold tract Of land at Hughesville, to Mr..
". c. Hergeroader with the proviso in the
deed that the spot vas not to be used for store
or any place Of merchandising or Of black
,mitbing. The 6rst purchaser built on the
property 4 large warehouse and engaged in
trading in leaf tobacco. 10 1880 the property
y as put up and sold for taxes by a collector
and WAS bought by Mrs. Mary c. Hergeroeder,
wife OF the 6rst owner. The property was az
forwards sold TO Geo. I. Chappelear, and as
soon a. be obtained posses. Ion be opened
store in the old warehouse. This. Mr. Bowling !
claims was in violation of the terms of the
deed, while the defense claims that the tax sale
Inflated the original sale of the land. Senator
Edelen, Magrudsr and Mudd are couasel for
and Mitchell and Wilmer for CT ppe- .
lear.
Almost . Csnnagraiioa.
The residence OF Mr.. Wm. H. Mitchell
narrowly escaped destruc ton by FIRE on Thur
" Of last week. Early On that morning dense
J uoke was discovered in one of the bed rooms,
but no hrs was Visible, but, upon ex mihahcn,
il Was found that the rsfters between the floor
and ceiling OF the room below we're smolder-
ing and ready 10 burst into Games. No one
but the ladies of the family we're 10 the house
At the time, and, after sending word TO Mr..
Mitchell, they started enerGe,icaliy to work TO
tear up the door and exiting 1ished the FIRE
With such energy and willingness did this us-
usual IRE corps work tina, by the time Mr..
Mitchell AMI the farm hands arrived the ere
was pretty well extis- uishsi. But for the
GOODNESS and preseace of q in OF the ladies and
their instant activity when the danger was dis.
covered, the loss Of the dwelling would have
be-. sure to follow, as it is Mr.. Mitchell es'i |
mates the damage at about $50.