The aegis & intelligencer. [volume] (Bel Air, Md.) 1864-1923, 1888-03-23

Grace, indicted for violating the local option
law. plead guilty, through his counsel. Col. othC
s. Lee. Judge Waters fined him $50 and costs
Augustus Z. Proctor and John G. Mccoy. ju-
rors. were excused from further attendance at
this torn Of court.
The case OF the State VS.. VIM. Webster. for
shooting Jason Smithson. began on Monday
Messrs. VIM. Young and Stevenson Archer,
counsel for the defence, elected to try the case
before the court The State was represented by
ex-Siate's Attorney Maynadier, who was assign
cd to that duty by Judge Waters, States Attor-
ney Webster being related to the accused.
Jason Smithsons testimony, in brief was that
he was shot by VIM. Webster, in the right cheek,
on the 10th of February, the shooting having
taken place In the spring house on the farm of
Mrs. Webster, the mother OF the rayerser, which
is situated near the public road leading from
Sandy Hook to Dublin. Witness lives about a
quarter of a mile from the Webster place
In the afternoon of the day on which the school
lug occurred after parting with his wife in the
road, near Sandy Hook, he walked towards
his home while she went on towards her
uncles. George Elicit, where she was staying
Putting away hammer which he had in his
hand he took circuitous route through the fields
and followed her. Not seeing her on the public
rood, when he emerged into IL. he followed some
footsteps he believed to be his wifc's which led
him towards the door Of the spring-house. After
unsuccessfully trying to see who was inside he
pushed the double doors open and went in. He
IL,
ana turning around next saw webster win
pistol aimed at his head. Before he could say
Jack Robinson Webster fired, the PAL striking
ami applied snow to stop the bleeding. Dan.
Dun came out and witness told him he was not
hunting Webster, that his wife was in the spring
house. Witness asked Dun to go for n doctor and
feared he would bleed to death. Dur said, 70
you're not shot bad" He won't out into the
road, where he saw Mr.. Lamar McCann in bug
gy Mr.. Mccain took him to Dublin where DR..
Poole did all he could for him and he went home
.INrI HNalF hat oh Ina had F.fNT1
when he went to the spring house. The spring
house is built on the side of n hill. The lower
floor 10 the spring-houso proper. Above this is
u room, where the shooting took place which
is entered by door from the hill Over this room
is n loft with stairway or step-adder leading
to II through trap door.
Webster is mis- first cousin. He was not on
friendly terms with him and had made some
threats against him. but never had any idea of
killing him, although he had said he would shoot
him. Once he approached Webster, who was out
cunning, and told him to put his gun down and
he would give him square fight Webster told
him II he came foot nearer he would kill him and
being unarmed he did not approach. He told
Webster he intended TO catch him and beat him.
There was no difference between his wife and
himself. He had not made threats against Web
ster within two years from last December, but
had been told that Webster had threatened to
take his life. III he had had any intention of
shooting Webster he had had many opportuni-
Mrs. Smithson, wife of Jason Smlthson. testified
that her cousin, Daniel Duff. told her Mr.. Web
ster would like to see her and asked her IL she
him and Mr.. Webster 10 be there and | would
sec him." After leaving her husband witness
walked on towards her uncle's, and meeting Dan.
Duff went with him to the spring house. A few
minutes afterwards Webster came. He closed
the door but 1t was not locked Ten minutes after
wards her cousin told her he saw her husband
coming, and not wishing him to see her she went
up the steps into the loft above. Mr.. Webster
was Standing on the steps WI, when her husband bnt
supposed her husband had been shot, She told
Webster her husband had nothing TO hurt him
Witness then went to her uncle Henry Duifif's
house. on the Webster place. and afterwards TO
her uncle, Elletts. Mr.. Webster did not tell
witness why he wanted to see, her. She had
not seen him before for nearly two years.
Had ney 'r heard of any threats made by Webster
against her husband. There was only stove in
the room and no furniture in the loft above.
DR.. J. s. Poole testified that he saw Smithson
at Marklands store, in Dublin. The ball entered
mouth and the angle of the lower jaw, and going
around lodged under the carotid artery. The
either the carotid artery or the jugular vein.
II. Lamar Mccain testified to- taking smithson
to Dublin. but was not allowed to tell what
Miss Eta Dun. sister of Mrs. Smithson. said
she had heard Webster say II Jason ever offered
SmithsOn of this about week ago. The threat
was made two years ago. at MIR. Websters barn,
Leila Duff and colored person named John
Benjamin Wilson saw the affair at Sandy Hook,
when Webster had the gun drawn on JASON
w illness told Jason nc nhd better come away
Never knew Jason to carry any weapon and
never heard him make threats against Web
ster.
David Carman testified that he remembered
the same occurrence. Snithson was helping TO
remove his goods from Sandy Hook. Smithson
told Webster to lay down his gun. Webster
told him II no came another step he would kill
him. Jason was standing with his hands open.-
Never knew Jason to carry weapon but once.
when witness lent him a revolver the time he
went to Foutz's, in Pennsylvania. Jason return
ed 1t in about ten days. Never heard him make
any threats against Webster.
David Michael saw Smithson the day of tho
shooting. He was not under the influence Of
liquor.
heard Of any threats made by Webster towards
SmithsOn.
This closed the evidence for the State. except
The first witness for the defence was Daniel
Duff, aged 10. who lived with his father on Mrs
was at George Eetts and saw Mrs smithson"
Webster sent no message by him to Mrs. Smith
son. She sent word by him to Webster that she
wanted to see him, and for witness and Webster
to come to the spring house. He saw her
when she came from Sandy Hook and went to
the spring house with her. When they went in
witness closed the door, and closed 1t again after
Webster came In, turning the knob and the key
too. There was bolt at the top and bottom, the
the house before and went up to the loft above
out OF curiosnJ. From small window there he
saw Jason smithson coming up the road and told
w Webster. Mrs SmithsOn then went up STAIRS
Heard SmithsOn try the door and then put his
weight against IL and IL came open. He did not
know that Smithson put his weight against the
one door came open, the one on the left hand :
Smithson made no sound on the outside. He
saw the shot fired, and went out after Jason, who
said he wasn't after Mr. Webster. He said for
Gods sake somebody come out" Smithson ask
wiz Webs@r d n n se a NJ san ~ IL was
NAMED with Smithson about four minutes and
left him standing near the bars at the road
Watched him get over the fence and getin bug
When Webster came into the spring house he
asked Smlthsons wife how she was and what
she wanted with him. She said she wanted TO
see about letters He told her she had better 20
home and she was starting when | told her
man was coming up the road. She said she
would wait until he got by. Witness was up
Jas. Dunnigan, Of John, testified that two
years ago Smitbson told him he had grudge
against Webster, and that he had watched his
wife and saw her go to the spring house that he
Witness told Webster what Smithson had said,
about a week ago.
John T. Lee had heard smithson, in 1884, mako
threats that he would kill or shoot Webster, and
told Willie or Eddie Webster of the threats
After the shooting, Mrs. Smithson told witness
sae han gome 10 sne sprne mouse wh no oad IN
to Webster when he was In Philadelphia.
Mrs. smithson, being recalled, said she did not
tell Mr.. Lee she had gone to the spring house to
get letters she had written to Webster.
Add Dun Is a cousin of Mrs. Smithson.-
lizard h smthsS ss say last August year TIA,
Webster OF it. Agar ago he saw smthson, one
evening about I or o'clock, sitting on fence
above the garden, on Mrs Websters place. with
lantern In his hand. Witness and Smithson are
not on speaking terms.
Minerva Harris colored. said that she lived
with Mrs. Webster, until three years ago. Jason
Smthson came there one evening, nobody being
IT home but herself, and upset the slop-barrel,
stock and TOOK the gates e on He i looked ok dI ike
he had been drinking but was not very hot then"
Dallas Forwood had heard Smithson say Web
ster had better stay away. II he came back he
would kill him.
Henry Duff had seen Smithsou cunning on the
Webster place and had told William Webster.-
Never heard either make any threats against the
other,
Edwin Fl. Webster, brother of the accused,
testified that his father died in 1872 and that he
has managed the place since 1882. In September
1885, he met Smithson at Sandy Hook and re-
preached him for destroying things at his moth
er's, as the colored woman testified Smithson
spoke In terms of hatred of the whole family and
said he would shoot or kill viii. He forbid
Smithson from coming on the place. He had
s en- him on the place only once since.
William Webster, the traverser, being sworn
testified that he will be % years old this March
home The n