Daily Republican., 1889-09-21
FIPYH EDITION.
Gone 70 tho juicy.


murder OF the fret degree. lie spoke for
nearly an hour, aud mado one OF the
most eloquent and convincing arguments
that he has ever presented 10 Jury,
When Mr.. Biggs closed. tho Jury wero
charged by the Chief Justice, who. after
reviewing tho evidence, said that while
In some respects there wss q conflict Of
testimony, II was evident that a firht had
takcn place, and Il would be for tie Jury
TO decide who waa tho aggressor. and In
this they must be governed by the pre-
ponderance OF proof.
II has been contended by the defense
that tho deceased was q much larger
man. and physically superior TO The
prisoner, aud that therefore he vss
Obliged To use a weapon TO defend him.
self. This is contradictsd by the State,
and the contention made that the prIson.
or was not acting on the defensive, but
on tho contrary was pushing his oppon.
ent.
Tho Chief Justice thcu proceedoa IN
explain the different degrees Of homicide.
and said that as justiIabIe homicide dId
not enter into this case, he would mot
take up their time to exl lain II. This
dispoees OF the plea OF self defense ad-
vaneed by MIR. Harrington. In regard
TO the theory advanced by the defense
that the deceased had received the fatal
wound by falling upon the pick, he did
not think any evidence had been nd.
vanced 10 sustain It, and even II this was
60, II caunot avail the prisoner. unlvss he
was acting 10 self.defense.
lie concluded by instructinR The iurv
In regard TO the reasonable doubt, and At
10. 10 O'Clock. they retired In charge Of
Bailir Rsiney.
William Faulkner, colored. pleaded
guilty 70 IN indictment charging him
With the larceny OF two shirts, The pro-
perty OF Andrew MandAn, on May "a.
William Benton, colored, plead guilty
TO charge OF larceny OF Jap blanket,
the property OF Hugh Lynch.
Thomas Lukens, colored, was iaiicted
Tor the larceny OF two gold rings and q
watch chain on May q. and pleaded
guilty.
James e. Grcoms, colored. plead guilty
to an Indictment charging him with Tie
larceny oil As cents, the property of Mar.
tin Keogh, on July 25
Henry Hirams, colorcd, pleaded guilty
to charge Of the larceny of one pair Of
shoes, from tho r., w. & b. Railroad
Company. on June LIST.
Harvey Holsenbeechem, colored.
pleaded guilty to an Indictment cbarq.
ing him with the larceny OF three pairs
OF shoes from the p, w. g. b. Railroad
Company, on j une I.
The Chief Justice said that IN cousid.
GRAFTON Of their pleading guilty, ho would
make their punishment very light. He
then sentenced them each to pay the
costs OF prosecution, restitution money
for the articles stolen, be imprisoned one
month, and on Saturday next be whipped
with lsshes each.
George Ashley and Edward johnson,
colored, pleaded guilty to driving oil 4
horte without the owners permission,
aud were sentenced TO pay the costs, q
hne OF goo and be Imprisoned three
months.
William Bailey and James sheroueb.
good, colored, pleaded guilty to charges
OF carrying concealed deadly weapons.
and were sentenced to 10 days imprison-
ment.
A jury was drawn to try the case Of
Howard Maharty, charged with the lar
ceny OF horse, wagon and set oil har.
ness.
The State was represented by Deputy
Attorney General Davis, aud the defense
by Walter II. Hayes, Esq.
Mrf. Mary Rogers testified that on Oc-
tober IL she left her team on King street.
and that when she came to look for II 1t
was gone.
Other witnesses testified that on the
same night the prisoner appeared in Elk
ton, Md, with the team, tying TO sell It.
The State closed with these Witnesses.
and Mr.. Hayes called Edward Heald,
benjamin Q. Wells, VIM. Mushenock,
James Barkley and the Rev. William r,
Schwartz, pastor OF Central Presbyterian
Church, all of whom testified to the good
character OF the accused.
James Maharty, the prisoners father.
testified that he Is between Is and IL
years OF age.
Tho State called Officers Broomall and
Emmons, and Chief of Police Swiggett in
rebuttal, who testified that the prisoner
has borne bad character for some time.
Alter argument by counsel the case
was submitted to the jury at l2 O'Clock.
AS soon as this Jury retired, another
was drawn to try the case OF Andrew
Simms, colored, indicted for the larceny
OF pair oi shoes from Mary Robinson,
The State was represented by Deputy
Attorney General Davis.
Mary Robinson testified that the &C.
cused came In her store, on Fourth street
below King, and said he wanted to get a
pair oil shoes for q lady. He went out
without purchasing and came back
again.
After he went out the second time she
missed the shoee, and he was after ards
arrested.
Dolly Bolton testified that sImms came
into the store on June IL, and after look
ing at some shoes went out, saving that
he wanted to get some more money. He
returned in little time, and after he
went out again she missed the shoes.
Officer Alexander Burleigh testified
that he arrested the accused on June IL
and took him TO the City Hall.
This was the last witness called by the
State, and the prisoner made statement
to the jury, after which the case was SUBJ
mitted. The jury, without leaving tho
box, consulted for some time, and finally
the foreman, Frank Pordham, rose and
said: 1--WE all believe the prisoner took
the Shoes, but there has not been any evil
dence to show it," The clerk Informed
the jury that they must render verdict
OF guilty or rot guilty, when they retired
to consider the matter.
The jury In the case of Harvey Mahar-
ty came in at 25 O'Clock, and rendered
verdict Of guilty, with a rscomnenda-
Ton to the mercy of the Court. The
Chiei Justice said that In consideration
OF the recommendation he would remit
the post and pillory, and sentenced him
70 pay the costs OF prosecution, fine of
SoUO, b30O restitution money and be i'm
prisoned six months.
The jury In the case Of Andrew Sim ms
came In with verdict Of guilty, after be.
Ing out about ten minutes.
Another furv xvos a ra an =, - 49,, A.. ..,.