The Republican. [volume] (Oakland, Md.) 1877-current, 1890-09-05
MURDERS IN ALLEGANY COUNTY
Some Interesting "reminiscences
From the Pen of Member of
the Bar.


From the Pen of Member of
the Bar.
Cumberland News.
ED. NEWS: / have read with refresh
ing interest the copied article lately
published in your enterprising jour
nal in reference to the celebrated Swan
trial, beginning in Allegany and end
ing in Washington county in 1858.
The publication referred to appears
to have been inspired by the death { t
Henry Lands, the last survivor of
the jury which tried the case. Indeed
the survivors who in any way par
ticipated in this exciting case or even
saw or heard it, are now but few.
The tragedy occurred in this city in
1852 Judge Thomas Perry on the
bench, Horace Resley clerk, George
M. BIOcher sheriff, and j. II. Cor
don, Esq, States Attorney. The
Judge being slightly connected with
the accused by way of affinity, con.
sidered himself disqualified from pre-
siding in the case, WherpuDon Hon.
Joseph j. Merck, of Washington
county bar, was appointed to hear
the case, and did so while it remained
IN this court. where it progressed
so far as to obtain the second juror,
John Hoy of w. We do not now re-
call just how Judge Merck was re.
lieved of the case, but it was removed
to Washington county. and tried be-
fore John S. Tyson, of Ellirott City,
special Judge, in August, 1858, just at
the close of our great cholera scOur-
age. 1t appears all the officials in
Washington county concerned are
dead except Tom Harbine." States
Attorney. He has for many years
been a prominent lawyer and citizen
of st. Joseph. Mo. Death has not
been quite so unsparing with the
AlIeganv officials. There remains
two at least yet in full vigor, maE-
hood and usefulness, at any rate,
mentally so-HOrace Res!ey was
clerk of the court at the time, and for
20 years thereafter, now three score
and ten, with a fraction over, but
erect in body and clear in mind with
a powerful memory. Any one wish
ing to know more of this trial or any
other moment within his. 20 years of
clerkship can be conveniently graft
fed from his immense store of recol-
lectlons. Mr.. j. j, McHenry was
then deputy clerk, buv for MANY
years since has been member Of our
bar, and now one Of its worthy SEN
iOrs, and justly respected as such.
But we are gliding into Celebrations
almost insensiDIy, and must de5ist.
The death of Juror Lands has sug-
geSted recollections of another mUr-
der trial ten years earlier, October
1S43-that of VIM. Crise. The crime
Was a dark and foul one. but did not
create mucn popular excitement as
the parties were comparatively UNI
known. The two Buchanans and
ShriVer were upon the bench,
Sheriff Richard Beall practically !;
his son John, clerk, and Hanson
BriscOe Pigman, States attorney
Not survivor of the legal machi. =
cry OF that day is left save two jurors,
VIM. HobletZell, for many years ii
resident of Baltimore, and owen
McEItish, of Murley Branch, bright
and active at 70. He was "barely"
eligable in age as a juror when sun
moned, % years Being the minimum.
And he has his version of the reason
of his. being juror when SO young.
The year before he and "A number Of
neighbors made up their minds not
to vote for their own candidate for
sheriff and voted for Bruce. the Wing
candidate, who was elected by IA small
majority, just about the size of the
McEl6sh contingent. Recognition
and gratitude followed. The sheriff
then summoned all jurors upon his
own unrestrained motion. The other
ten jurors were Jacob Reel. Charles
Norris, Moses Porter. T. ID. Dawson,
Martin Rlzer, Henry Hammill,
James Twigg, Rubin Hurley ana o.
S. Champion.
Another.intensely interesting trial
to the people of Allegany and WASH
ington counties and better remem-
bered historically than any other was
that of George SWearengen, for wife
murder 1928. and tried the next year
and executed 2nd October, 1929. The
last surviving juror in this case was
Winter and his immediate pre-
decessOrs in death was VIM. Conrad,
both died since the war. The first
murder committed in Allegheny
county was by the three CottrelIs,
father and two sons, EngliShmen.
Their cases were removed to Wash
iDgton county tried separately and all
,.onyictod and huntr hU tho sauOp Hrnn