The midland journal. (Rising Sun, Md.) 1885-1947, 1892-07-15
Preliminary Hearing Of rCocky"
Fenner.

The latest chapter of the Richards
tragedy has been the preliminary
hearing of the burglar Fenner, which
began on Friday last in Elkton, be-
fore Justice A. j. Scott. The hearing
was had in the Court House which was
filed with curious spectators. There
were a large number of witnesses
summoned in the case.
He was defended by Thomas G.
Hayes of Baltimore. The first wit.
ness call was J. Granville Richards
whose examination consumed Friday
and part of Saturday. The examina-
tlon of states witnesses was conclud-
ed on Saturday.
The hearing of the witnesses in
the case was concluded on Monday.
Fenner's counsel had lot of witness.
es present from Altoona, Pa, and
other places to prove an alibi.
The first witness for the defense
sworn was Mrs. Rose A. Louder, of
Altoona, who testified that Fenner
was at her fathers honse ON the
afternoon of the 18th of April, 1891.
She further testified that Fenner re.
ceived a letter at her house addressed
to FL. P. Allen, one of his assumed
names. Miss Lou Amermon, who
resides in Altoona, testified that she
saw Fenner in that place at Thomas
OConner's house on Sunday, April
II, 1891. George W. Louder, OF the
same place, testified that he also saw
Fenner in that place on that date.
Mrs. Fenner, wife of the prisoner,
who is a rather large and progresses.
ing looking woman of about thirty.
six years of age, testified that she
arrived in Altoona, with some medi-
cine for her husband, on the 18th of
April, at his request. He complain.
ed by letter of being unwell. In
company with him she stopped at q
hotel and left vita him the following
day for Pittsburg. which place she
left in the evening for Philadelphia,
her home, leaving her husband at
Pittsburg. Samuel P Fenner, the
prisoner, testified in his own behalf
and said he was thirty-six years of
age and lives in Philadelphia. He
gave an account of his movements
from the latter part of March until
May, 1891. He said he joined his
wife in Altoona on April ~, 1891,
and left that afternoon on the 3
O'Clock train for Pittsburg, reaching
there at 8:55 that night. He then
went to Allegheny City. came back
to Pittsburg, registered at the ST..
James Hotel as Harry Allar and
wife, of Norfolk. Va. He said he
never saw Asbury Kirkland, the old
colored man who testified he m ct
Fenner the night of the murder near
the Richards house, ON the road,
except in Philadelphia, where Kirk
land identified Fenner by his voice
and movements.
At 3:45 the hearing was adjourned
to O'Clock. the testimony being all
in. At the evening session it was
suggested by State Attorney Austin
l.. Crothers, and agreed to by the
counsel for the accused and by
Justice of the Peace Andrew J. Scott,
that the decision in the case be with.
held for several days. In the mean
time it is proposed that the prisoner
be held and that Sheriff George E.
Mckinney visit the homes of the
different parties who have testified
for Fenner and inquire into their
characters and standing.
The only point worthy of note
about the evidence of these witnesses
is, that Fenner was all the time on
the go, lodging in and out under
assumed names, and IS q logical
sequence, the people he associates
with are all of his stripe. He is a
notorious burglar and thief whose
oath is not worth a moments consid.
GRAFTON, and every one of these alibi
witnesses, we doubt not, would swe ar
to anything. But our theory of
justic is pitched to the key that it is
better that SO guilty should escape
than one innocent should be convict.
ed, and the criminals have reduced
their business to system that con-
forms to this maxim. Ninety-nine
of them do escape for every one
found guilty. The evidence of the
associates of this arch criminal will
be accepted and the positive testi.
mony of the colored man turned
down. The former haye every
motive for swearing falsely. The
colored man has no motive for de-
parting from the truth. The modesty
of our judicial system is such that