The aegis & intelligencer. [volume] (Bel Air, Md.) 1864-1923, 1892-02-19
ON TRIAL FOR HIS LIFE.
Alfred Stout, CoIored, on Trial for the MUIR
der of George Dittmar, in Cecil County.
The Evidence CirGumStantial but Strong.
AN IMPORTANT LEGAL POINT RAISED.
A Sick Juryman is Obliged to Separate from
the Other Jurymen and Go to Bed.


from Cecil county. The murder which was
committed on the night of February LIST, 1891 at
the old mans lonely farm house, near Chesa-
peake City, was revolving and shocking in all its
details. The Sfate was represented by Mr.. Aus
tin L. Crothers States Attorney for Cecil coun-
ty Mr.. Walter W. Preston, States Attorney for
Hartford county, and Mr.. w. T. Warburton.-
The prisoners counsel were Messrs. Charles G.
Cro1ners, brother of the Cecil county States At
torney. Robert q. Thackery, of Cecil county,
and George Y. Maynadier. of Bel Air.
An effort was made by Inc defence to have the
case continued. on the ground of absent wit
nesses. but the Sheriff was sent after them and
the case went on.
After the prisoner had been .arrasgned an in
teresting point of Law was raised ON demurrer
by the defence to the indictment. 1t was claim
ed that inasmuch as Dtttmar died in Phiadel-
phia the crime was incomplete within The juris-
diction of this court. and consequently Stout
could not be convicted.
Judge Waters decided that the &C. of I'd Ell
ward VI. passed in l547. making the murder in
dictable in the juris fiction where the blow was
struck, irrespective Of where the death occurred
was in force in Maryland, as part of the COM
mon law, and the demurrer was overruled.
The following jury was sworn: VIM S. Sea If,
w. L. Clark. John G., Robinson. H. Scott GiloYrI,
William J. Kean, John E. Colder, David e.
Michael, Israel A. Scarf. Jonas r. Nonema ker,
James r. Massey. George W. Smith, William c.
Bavington.
Mrs. Dittmar testified that on the nlxht OF the
murder her husband went to bed at O'clock aud
she remained waiting for the fire to burn down.
While taking a in the chair .ne was
awakened by the old man hoering: On
Christine, am getting murdered" Witness
started up stairs with light and got I'D two
steps when the light was knocked out of her
hand and broken and she was also struck over
the eye by some one whose face she did not See.
She then went TO the cellar, where she remained
half an hour. The old man did not boiler any
more. Then she went to neighbours, Charles
Purdy, who sent two men back with her. They
found Mr.. Dittmar on the lounge with his face
knocked in. Witness generally kept $50 or $50
in her bed tick. Alfred Stout, the prisoner, had
with the house. She mad lost some money about
week previous to the murder and also twice
two months before.
DR.. J. v. Wallace testified that he was sum-
moned to attend pittmar, the night of the mur-
der. The old man had received blows which
had broken the nose loose and forced the roof
of the mouth down on the base of the tongue
Both cheek bones were also crushed. These
wounds caused his death. The bod was in con-
fusion. The bureau drawers were rif1ed. The
wall beside the bed was spattered with blood
window down stairs was broken, footprints were
seen in the soft soil outside. DIR. Karsner who
was with him, picked up white porcelain but
ton which correspondent with those on a dark
colored shirt, which was produced and from
rd one T1 fo1r WAS n missing piece Of pine
club. was shown. DR.. Wallace said he had
picked it up at the house and it was sufficient to
have produced such wound.
DIR. W. g. Karsner corroborated the testimo-
ny of DIR. Wallace.
On Wednesday morning Mr.. VIM. S. Evans,
formerly States Attorney of Cecil county. testi-
fled that being informed of the murder he visited
the premises pane of glass had been cut
ITOm u WlHuOW aDOuC b rect from the ground
The keeper of door leading from the same
room into the hall was unscrewed. In the hall
fragments of shattered lamp were strewed on
the floor. Up stairs there were blood marks all
around. and in the bed room occupied by the old
man blotches of blood were scattered over the
bed, and on the wall and floor. The old man was
in q terrible condition, his nose being mashed in.
Mr.. Evans described the arrest OF Stout. whom
he saw in q boat, with Mr.. BlanSfield whom he
was s about to assist in laying out net Calling
I'm not going to run away" He came ashore
and being asked what clothes he wore the night
before he sent into the house and had a suit of
clothes and pair of shoes brought out. These
were found in meal barrel and had lately been
washed. The clothing and shoes were produced
and 1dentihed by Mr.. Evans. At his request DIR.
lamar took them to Philadelphia for examina-
ton.
A piece of handkerchief similar to another
piece found in the hip pocket of the prisoners
pantaloons and pocket knife were also identi-
fed by Mr. Evans as articles which were handed
to him as States Attorney. A STOUT stick and a
long paddle with the handle rounded were also
brought to him as the States officer. In CON
versatiop with Stout the latter said he had pick
ed up the stick in Massey's cid to defend him
self against dog, and the knife he had borrowed
from Billy Moore, on Sunday, the day before the
said he was at McVey's store, Sunday night
and from there went to a negro church. There
was no light in the building and he went 10 Billy
Moore's, arriving there ten minutes before ten
O'Clock. He slept there that night.
DR.. K. S. lamar testified that he took the cloth
ing to Dr. H. +. Formath, of Philadelphia, Tor
examination for blood stains.
Dr.. Formath, who is a native of Russia, was
called. but before being sworn was asked py the
defence whether or not he believed in God and
in future state of rewards and punishments, to
which he answered that he did. He was then
answer beipw Seyer e , opinlon ms
stated that he is President of the Pathological
Society of Philadelphia and had testified As times
in court as expert in blood stains besides hav-
ing made many examinations. He had visited
Dttmar several times at the Hospital before the
clothing was brought to him and thought he
10 notn nd fhAl0 .,l-.,.
examinations for traces of blood. The garments
brought to him. which he identified in court had
had water applied to them. but examination
clearly revealed that there had been sprays of
blood Oh them. On the vest and right sleeve of
the shirt blood corpuscles were distinctly seen
but he was unable TO say whether the blood was
that or human being or wild animal. 1t was
not the blood of domestic animal. The cor
puscles correspondent IN appearance with those
found in human blood The paddle was also ex-
amined by him aud found to contain blood COR
puscles
DR.. Formath was subjected to rigid cross ex-
animation by Mr.. Tbackery, with reference to
the method pursued by him in making the ex-
animation of the clio hing and also with regard
to testimony given by him in another murder
case.
Constable Van Buskrk testified that he observed
tracks at Mr.. Dittmar's house. near where tie
window was broken and followed them across
the fields to Billy Moore's door, thence to Nc
Vey's store and on to place called the Dyke,
where the prisoner lived. The constable found
In the cabin pair of shoes, which being COM
pared with the tracks leading from Dttmar's
house to the place where the shoes were found.
fitted the tracks perfectly.
warrant was then obtained and Mr., VanBus-
kirk went back to arrest Stout. The lat
ter was in boat with Mr.. Blansfield. Upon
coming ashore Stout was arrested. He acknow-
edged that the shoes were his and that he had
worn them the day before. Some clothes were
found In the same cabin, and Stout also acknow-
lodged he had worn them the day previous. The
shoes and clothing in court were identified by
the Constable as the same which he got at the
cabin. On the way to Chesapeake City Stout
a q mob ha
were dropping something out. The next morn
ing Constable VanBuskirk found the blood-stain-
piece or board to which it fitted exactly and a
gum club.
meet again at 730 o'clock. At that time only
eleven jurors appeared in the jury box. the
twelfth, Mr.. James K. Massey, having been
taken severely ill, The trial. therefore, did not
proceed,
On Thursday morning. when the case was
about TO be resumed, sensation was caused by
motion made by the prisoners counsel that the
jury be discharged from any further considera-
ton of the case.
1t appeared that when Mr.. Massey was taken
sick he was taken to room in the Eagle Hotel,
and LIT in charge Of Deputy Sheriff DeSwan,
and a physician was summoned to attend him
He was however. in his place Thursday morning.
The motion to stay proceedings being formally
put in writing Judge Waters over-ruled 1t and
asked the prisoners counsel to prepare bill of
exceptions.
The law declares that the jury in a murder
taial shall not be separated. Sheriff Calder,
nlo 10 klShtlt WOTEl6u over ln6 malJ6r, says ne
believed and still believes that in acting in
accordance with the dictates of humanity he
was within the law, as the juryman was all the
time in his custody.
The examination of witnesses again went on.
, William ii. Plrdy saw Stout OH the afternoon of
the murder at his store at Town Point. He started
up the road toward Chesapeake City. and had
either cane or switch in his hand. He also saw
MN on Monday morning, about O'Clock. coming
up the road, He had gone down the afternoon
previous.
John Brown. a marine engineer. testified that he
was with MIR. Van BuSkirk Tuesday following
the murder and tried the shoe in the tracks across
the cornield, and it fitted them exactly The track
showed frayed points at the toe, which compared
exactly with the prisoners SHOE He also testified
to finding the board in the barn from which the
paddle. had been split Off. Lying near it was a
gum cane which he identified when shown to him
in court.
Ella Long. cnlored. testified she saw Stout COM
ing through their yard early Monday morning,
after the murder.
George Rhoades testified he was with Mr.. Brown
when he compared the shoe with the track and
corroborated Browns testimony.
William Pnmer testified he was at McVey's
store on the Sunday OF the murder. and saw Stout
coming down the road, He had a cane in his hand
which witness Identified as the one found in Dit
mars barn, His attention was called to il by
some boys telling another negro that Stout was
going to beat him with it, and when Stout came up
he examined it carefully
Constable Geo. X. Carpenter also followed the !
footprints from Dittmar's house. and cOrroborated
Mr.. Van BuSkrk's evidence. Near Billy Moore's |
he found receipt from Mr.. Brady acknowledging |
the payment of money by Mr.. Dttmar.
Henry Blansfield testified that Stout helped him |
TO fish on the I'd of February. 1891. He went to |
5touJ'S house about daybreak, but Stout was not
there, lie met the prisoner near his home. Stout |
went in and changed his clothes. Witness identi-
lied the Clothing in court as that worn by Stout |
Noticed "A hand He g. ba had