The Republican. [volume] (Oakland, Md.) 1877-current, 1892-11-17
THE SWAUGER MURDER CASE
The Arguments Heard and the Pris-
oner Sentenced.


oner Sentenced.
The Swauger murder case was re-
sumed in the Circuit Court for
Allegany county on last Thursday,
at which time the arguments pro
and con were to be heard by the
court.
The argument was begun by
States Attorney Sloan. of Allegany
county. After reading the law in
the case he stated that he did not
feel justified in asking the court to
find the prisoner guilty of murder
in the first degree by reason of the
failure of the witnesses to show pre-
meditation upon the part of the
traverser, but that the State would
not abandon the court charging
murder in the first degree, but allow
it with the charge of murder in the
second degree and the charge of
manslaughter all to go to the court
for its disposition.
Mr.. Sloan's argument occupied
one-half an hour. He was followed
by Mr.. Williams who made most
mastery appeal of an hour aud five
minutes duration, for the acqultal
of Swauger, the prisoner. During
Mr.. Williams argument the prise.
ner was seen to weep, showing that
his confinement in jail and the sus-
pense attending the trial had
brought him to realization of his
awful charge. Ills attention to the
attorneys connected in the case was
respectful and attentive.
At the conclusion of Mr.. Williams
remarks the court took airecess Of
ten minutes. After reces; Mr.. Gill
more S. Hamill, States Attorney
for Garrett county, tlosed the
States case. Mr.. Hauill's argu-
ment was "A powerful ore and was
principally a defense of the wit
nesses upon the part Of the State
who were numerically excoriated
by Mr.. Williams in lis argument.
The court took tne case and
stated that the gravity of the case
necessitated a matlle deliberation,
and that its decision would be
rendered later.
SWAUGER SENTENCED.
The last days session of the Octo-
Der term of the Circuit Court for
Allegany county convened at 0
O'Clock Saturday morning with
Judges Hoffman and Stake on the
bench.
1t was a little late when the
judges emerged from the Courts
private room where they had been
in consultation regarding The SEN
fences to be imposed upon those
found guilty of violating the laws
of the land.
After sentencing number Of
prisoners the case of Samuel Swau-
Whom Ciis ouso was called tbf'
death like stiffness that pervaded the
court room during the sentencing
of Swauger evidenced the special
interest taken by the people of
Cumberland and Allegany county.
Judge Stake rendered the deci-
sion and announced the sentence.
He reviewed the testimony of the
State and that of Swauger, the
only material witness in the case
FOR the defense, and concluded that
the case had now dwindled down to
two stages, viz: the facts and the
law.
Regarding the law the court said,
after making a careful examination
of all the cases cited by Mr.. Will
liams, counsel for the prisoner, and
States Attorneys lIamill and Sloan.
that the law was very clear and ex-
plicit.
Regarding the facts, the testi-
m0ny OF the witnesses for the State
was contradictory to that of the
prisoner, and the circumstances
surrounding the death of Swauger's
wife upheld the testimony as given
by the State.
The court, however, refused to
lind him guilty of murder in the
first degree or any other degree ex-
cept manslaughter, and that that
would be the finding of the court
and that in view of such finding the
court would impose a sentence of
four years in the Maryland peniten-
tiary.
After passing sentence upon him
Swauger arose and in a pleasant,
dignified manner thanked the court
for imposing such light sentence
upon him.