The aegis & intelligencer. [volume] (Bel Air, Md.) 1864-1923, 1889-03-15
The Egis & Intelligencer
Bel Air, Md, March ID, 1883.
COURT PROCEEDINGS.
A BEL AIR CLUB ON TRIAL.
Members Not Compelled 40 Criminate
themselves by Testifying-No Evil
dence for the State-Verdict mot
(uiIty'-Other Cases.

Van Bibber, Maynadier and Cooley.
States Attorney Webster offered the certit-
cate ofincorporation of the club and when he had
read part OF il counsel for the defence objected to
the further introduction of this evidence, be-
cause the charter was that OF the BEL Ar 30
ciaI, Literary, Musical and Dramatic ClHb, of
Bel Air, Hartford county, Nd whereas the
docket entry was against the "Bel Air Social,
Literary, Musical and Dramatic Club" Ihey
argued that The case that the jury were empan-
neled to try was not the case which The states
Attorney was trying.
Judge Waters decided that the docket en-
tries could be corrected TO conform 10 the
language Of the indictment. The docket was
corrected aud the jury re-sworn.
Counsel for the defence objected to the
swearing of the jury in another case without
an opportunity 10 strike the names on the jury
list
The oil lection was over.ruled and the States
Attorney read The. articles Of incorporation.
George L. Coe, OF Marshal's district, was
then sworn. He said 81 am member OF the
club aud claim the privilege" that is, OF not
eliminating himself.
Mr. Harlan, tor the State, argued that the
witness should be compelled to show what
process he has gone through with to become
member, in order that the court might be able
to decide whether his membership would en-
title him to the privilege OF not testlfying.
Mr.. NanBibber for the defence, argued that
If there is no responsibility on the part OF the
members Of the club for its acts, then he
personal responsibility then he ought not be
compelled to criminate himself
Judge Watters.-"I don't see any way OF
proving membership except by verbal testi-
mony, and here we have the oath OF member
who says be ia a member. AS to the question
that the members Of the club are responsible,
you can't send the corporation to the House OF
Correction. IfyOu fine the corporation-or an.
null the charter that is Furnishing the members"
Mr.. Maynadier also argued that the court
could not collateraly try the obligations OF the
witness to the club. The moment the State
places him on the staud and he says he is
member there the matter must rest. He can
not be compelled TO prove his membership
other than by his OATH
Judge Watters.-"1f the witness by his
evidence would eliminate himself and rem
der himself liable 10 prosecution, ho can
not be compelled to testify. II he mere
ly thinks he would be liable TO suffer part
OF the punishment, if tie traverser is convicted,
he might be mistaken and of this the court
must Judge"
The witness Coe being recalled in reply TO
questions by Judge Waters and the States AT.
torney said he Joined the club on the 18th OF
last February by signing paper, and got card
of membership last Thursday, in the club
room, but could not recolect from whom. He
paid nothing for it, He had left the card at
home and could not recollect lis contents. he
was acting on advice of his counsel.
Judge Waters finally decided that the wit
ness could not be compelled to testify, If his
testimony would crimnate himself in this
cuse or In any other case against the same cor
porution.
Mr.. Harlan, however, was not willing to give
il up but argued that the witness could not be
liable under the indictment and could not be
punished.
Judge Waters said ain case Of conviction,
what remedy follows? You can fine the club
and If 1t has any assets you can collect 1t, and
by scirs facias annul the charter OF the club.
1t is impossible to punish corporation ex-
cept by Furnishing its members. When you put
member on the stand YOU are actually making
the traverser witness"
Coe was thus relieved from testfyng
Low Smith, being called, said he was also
member OF the club and asked the privilege OF
not testifyng. lie Joined the club week before
last, when he got his ticket
Judge Waters again decided that the wit
ness could not be compelled to testify. His
view, he said was controlled by the belief that
when the club is on trial it is n trial OF the in
divdual members. lie knew of nothing in the
law which would compel a man to give testi-
mony to criminate himself.
There being no evidence the jury rendered a
verdict of mot Guilty"
States Attorney Webster will take the case
to The Court Of Appeals.
ANOTHER CASE AGAINST MAJOR BURRILL.
u. K. Burrill was then put on trial for vio-
lRiiDg the local option law of 1883.
The Jury selected WAS as follows:
Andrew Torbert, Matthew Cain, George N.Y.
ers, William b. Hopkins, Ed. II. d. Pue, Samuel
Deets, Patrick Boyd, Winfield Is. Harris, Il.
Granville Hughes, William Scarf, Luther g.
Henderson, and william Durham.
Levi Smith, being sworn, said Burrill keeps
boarding house in Bel Air. On the 18th of
February he bought whisky In the club room in
Burrilps house, paying ten cents drink for it,
Did not know the man he got it from, nor did
he know any one In the room except Mr. Coe
with whom be went there Had no CONVERSE
ton with Burrll; bought nothing from Burri!l
and paid him nothing.
Geo. X. Coe testified that he and Smith went
into Burrill's together Saw Burril and ask
ed him If he could get anything to drink. He
said mo, unless you belong to the club" and
he showed witness back room into which they
went. Here they Joined the club. Saw Smith
take drink but did not see him pay for it,
Got nothing from Burril. Witness is a mem
Der Of the club.
VIM. l.. Cooley, member Of the bar, testf.
cd Tor the defence that he heard the verbal
agreement by which three rooms in Burrilrs
house were rented to the club for $l2 month,
being counsel for parties interested. Knows
that the rooms have since been occupied by the
club whose charter was read this morning.
Counsel for defence offered the charter of the
club to which the State objected because it
was not properly executed. The defence with
drew their objection. The case argued by
States Attorney Webster and Mr.. Harlan for
the State, and by Messrs. Van Bisber aud
Young for the defense. Mcssrs. Maynadier and
Before the jury retired Mr.. Webster suggest
ed TO the court that he had heard that one of
the jurymen had been approached, during re-
cess, by the trayerscr The jury rendered
verdict Of mot guilty"
Upon the rendition Of the verdict Judge
Walters said:
"Mr. Foreman, it was said during recess that
Major Burril approached you and spoke with
reference to this case. What did he say"
Mr.. Andrew Torbert, the foreman, replied :
IA auOthpr
many more" He replied, Il don't know and
don't care There was no conversation about
this case.h
Mr. Maynadier, one of Major Burrlll's coun-
Bel-"If your Honor will permit me, 1 can
make a statement which will exonerate Major
Burriil. He says he made to one OF the jury
men only tho general remark that If the jury
would try the case according to the facts and
acquit him when the facts were against him he
did not want any of them to come into his
house again"
Judge Waters remarked that he was glad to
think that the trayerser hal not 'conversed with
the jury about the case. If he had done SO he
would have punished him severely.
lie then discharged the panel, having pre-.
viousy discharged the other jurymen The
per diem and mileage of the iurymen were as
follows:
John l.. Cook, s5s 80 Andrew Torbert,
$3.50; Charles II. STREET., $500 George
Myers, S53 30; Jesse Burbank, $45 co. Winfield
L. Baker, S4s 10, William b. Hopkins, <47 10
Rufus X. Wells, s50S so; John E. McGaw
$3.50; william Dalton, $40 60; Ed. II: D; Pue
S45 samuel Deets, $40 .S0 Patrick Boyd, $685. SO
Winfield d. Harris, $50. 10; Robert Seneca
$3.50, z. Granville Hughes, $40 30; William
Scarf. S45 80; j. W. Rotlecker, S47l0; Luther
q. Henderson, $3.50; Robert II. Smith, $40 so
Geo. A. Crevensten. $50 10, William Durham
az 40; Robert ID. Orr, Si3.
On Wednesday Judge Waters heard mo
tion for new trial in the appeal case OF j. q
Emmord We. Z. Aultman II Co, in which thu
verdict was In favor of the firm New tria
granted. John Young for Emmord, Robin
son for Aultman u Co.
In the appeal case of John w. Coale VS..
Preston Gilbert, in which the verdict was 70
Mr. Gilbert, Judge Waters over-ruled the mo
ton for new trial. VIM. Young for appel
liant, Gilbert for appellee.
Like n Hartford farmer.
m.