Saint Mary's beacon. [volume] (Leonard Town, Md.) 1867-1983, 1886-11-25

who would not sail with Dixon again be-
cause Dixon was q swearing nazn and
Shuck Vas u member Of church. Captain
Dixon's boat left in the morning and wit
ness boat len the night Of the same day.
They stopped q short time at Alexandria
Looked closely at prisoner but could no;
positively identify him as the man who
spoke 90 him at Briscoe's store.
SAml +. West testified that he is wheels
man on the steamer W w. Corcoran. The
steamer, going up the river, passed Dixon's
vessel going down, and he saw two men on
board besides the man at the whrel- He
did not know the name Of the vessel, hat
he had seen the sloop two or three times
before and his description corresronded in
some respects, in color, size, and In being
an old sloop with the Mary j. On cross
examination he said he would not swear
point blank that there was third man ON
the boat: he is positive there were two men
on deck, and 90 the best OF his knowledge
there were three, but il is mostly ike
dream 10 him that there was third man.
Harry Graves testified that he was az the
Leonardtown jail the day after the arrest
Of Biscoe. He heard Mr.. Morgan tell him
he wanted fuller account than Biscoe had
given in the morning. Morgan told Biscoe
he understood the clothes were divided be-
tween Biscoe and the other man, and as il
stood then, il was pretty bad on him that
he wanted the truth and il would be better
for him 10 tell the truth. Biscoe always
denied killing the man when witness was
present Biscoe was in u great state of ire
pidation from rumors of lynching that
reached him. One morning when there
had been a great firing Of pistols around
the Jail the night before, Biscoc said he
thought the lynchers had come after him
James Gordon, colored, testified that he
was at the Jail, and Biscoe's statements
We're generally in answer TO questions.
Evidence was taken in rebuttal. Ii was
settled that each side should have two
menced the argument for the Stale and was
followed by Messrs. Camalier, Edelin, and
Magruder for the defence, Mr.. /. \. vii.
mer closing for the State.
The case was given To the Jury at D.
m, and at $40 they had agreed. Judge
Crane, the nearest Judge, was sent for, and
ex-Judge Magruder, counsel for Biscoe,
States Attorneys Hammett, Of ST. Nary's,
and Wilmer. Of Charles. Sheriff Simpson
placed the prisoner In the dock, and Judge
Crane ordered the jury To be summoned
into court They looked very serious
There were about 75 persons present, many
being colored.
The prisoner sat unmoved, in a crouch
ing position and looked but once at the
jury. He was nervous and wiped his face
often with handkerchief. The clerk, J.
Samuel Turner, and his deputy, John I.
Davis, were in their places and, in polling
the jury, as il turned out, had an impor-
tan; part 10 perform. The Courts first or
der was for cali Of the jury. Al having
answered 10 their names and said their fore
man should speak for them, that gentleman,
Leigh NJ Switzerland, an ex-sheriff of the
county. said: Guilty of murder in the
first degree" Ex-Iudge Magruder quickly
said, Poll the jury" that is, Ior the
clerk 10 ask each one separately what his
verdict was, recording the questions and
answers. After the foreman said Murder
in the first degree" each Of the other jurors
was asked. "llave you heard your fore
mans yerdict:" They answered, Ives,
sir, or YES" The next question was, lis
your foreman's verdict your verdict ;"
Some responded "Yes" and Others 1T is"
When each had answered Judge Crane
said ''dentlemen Of the Jury, YOU have
not given an unanimous verdict. You
MUST return To your chamber and agree
upon your verdict You must each res
pond in the Same words II you are agreed
to the first question Il have :" to the
second question at is" They soon return
ell and answered as instructed Ex-Judge
Magruder will contend this was erroneous
and that each juror should have said,
guilty OF murder Ia the frat degree" In
answer to the second question which should
have been, What is Sour verdict"
After these questions and answers had
been recorded the jury we're told 20 "hpar-
ken 10 Your verdict as the court hath recor-
cd t.. The record Is as follows: "Sou,
and each Of you, rind John Il. Biscoe guilty
OF the matter whereof he stands indicted"
Judge Magruder will also contend that
this was an error, and should be guilty of
murder in the first degree" instead of the
words guilty OF the matter whereof he
stands indicted"
motion in arrest Of judgment for these
errors as the defence regards them. will be
made, and if Overruled the case will be taken
IL the Court Of Appeals An exception
was taken during the trial To the admission
OF the last confession Of Biscoe because Mr..
Morgan said "Biscoe, YOU had better tell
the truth and have no more trouble about
It. This will also BE- taken before the
Court of Appeals. The sentence will be
suspended until the Court of Appeals de-
cldeS these points of law. Ii that Court
overruleS the lower court, Biscoe will yet a
new trial or be discharged from custody. as
having been tried once. Ii the exceptions
are not sustained, he will be sentenced 10
be hanged.
The jury, when they first retired, stood
one 1.-THE ioremanl for murder in the first
degree, eight for second degree, and three
for manslaughter