The Cecil Whig. [volume] (Elkton, Md.) 1841-current, 1893-12-23

The case of Cutslorth vs.. p. W. Il 3
railroad, was postponed until Tuesda,
morning owing to the sickness of juro
George E. Mckenney.
The criminal docket was then take,
up plea of guilty being entered in the
case of State VS. Alexander Wartield aui
David Glass. The prisoners were indicted
for burg larizing the store of Robert l.
Stebbins of Port Deposit. States At
torney A. L. Crothers for State, Thack.
cry and McCay for prisoners.
TIE larceny case of State VS.. Rudulpi
Bennett was taken up aud tried before a
jury, r c. Thackery appearing for the
| prisoner and A. L Crothers for the
State. Indictment tor the larceny of a
gold watch from Henry E. Gallaher, of
Childs. The jury returned verdict of
not guilty.
James r. Webster native of Scot
land, vas granted naturalization papers
by the court.
The petition of Clinton J. White, in
| the contested election case of White VS..
Boyd, praying that copies DE made Of
the ballots cast at the recent election,
and that the ballots be produced before
Examiner Hess, was submitted to the
court. The court deferred action in the
matter ordering that evidence be sub
mitted showing the identity of the bal
lots. (The evidence OF the return judges
OF Election taken before Examiner He's
has not been submitted to the court 8
there is some testimony yet to be taken.
In the examination OF the judges Of
Election the identity OF the ballots was
proven and on Monday afternoon Cle.L
OF the Court James L. Graham testified
before the examiner that tbs ballot boxes
were in the same condition as when
delivered into his custody on TIE ninth
of Novem Dor. The deputy clerks of tho
office ale yet to be examined when the
entire evidence will be submitted to the
court as reguired.)
TUESDAY.
The case of Cutsiorth VS.. p w. & B.
railroad was resumed the arguments OF
the counsel being made. Tae case closed
at $50 o'clock when the jury retired.
WEDNESDAY,
State vs.. H. E. Krause; indicted for
assault with intent to Kill l.. Frank
Bryson was put on trial before a jury.
The prisoners counsel were Messrs. Con
stable and Thackery, the prosecution
being conducted by State Attorney Croth
ers and B. F. Founders. The assault
occurred at the home of Bryson's father
near Elkton on the night of Tuesday,
Sept. 26 last the assaiant firing through
the window, the bullet penetrating
Bryson's neck. The other occupant of
the room Mrs. Krause wife of the
accused, who it is stated was employed
there as housekeeper was then cred
upon but escaped injury.
The case was on trial throughout the
day aud continued on
THURSDAY.
the Jury retiring at half past three
o'clock.
At noon the Jury in the oise of Cuts
forth VS. P. w. and B. railroad company
returned verdict of $1100 in favor of
Cutstorth.
A special session of court was held
at which the jury in the case Of State VS.
Krause returned verdict of mot
guilty." at 4.27 D m.
FRlDAT.
The burglary cases of State VS.. Arthur
Wallace and state VS.. Walter BO9d were
tried jointly before the Court, Thaakery
and McCay appearing for prisoners and
Sta ties Attorney A. L. Crothers for STATE.
The prisoners were indicted for bnrglariz
ing the store of r. L. S.ebbing 10 Port
Deposit. Verdict guilty, sentence being
reserved.
Case, State VS.. Michael James put on
trial. Presentment for forgery III that
inc prisoner uttered a check fer fifty
dollars purporting to be sigued b. Sam
Scotch dated on or about May /, 1898
Tried before court the prisoner being
found guilty of having passed the forged
check, but not guilty of having com
mitted the forgery. Reserved sentence.
THE CONTESTED ELECTION CASE
of White VS.. Boyd was taken up. The
testimony of the return judges taken
before Examiner Hess was submitted to
the court and also the testimony of Clerk
of the Court James T. Graham and the
deputy clerks proving the identity of the
ballots. The informal arguments of the
counsel on both sides were heard, and
the counsel of Mr.. Boyd submitted
motion to dismiss petition which will b.
overrued by the Court Tle Cart SUD
mitted to the counsel forms of an order
directing the recount of bAlloss and the
recount will probably proceed shortly
after the reconvening of court on Jan
nary 10, the court saying the reason of
the postponement was because it did
not wish to compel the Clerk aud
| others engaged in the cass to under
take the work during the holidays.
The following agreement of the counsel
in the case was filed;
vs.. for
John Albert BOYD Cecil County.
IL is agreed in this case thai legal notice
was given by the sheriff of the election held
| in Cecil county on the 1th day of Novem Der,
| 1898
| Also that the election officers at said
election were duly appointed by the Board
of Election Supervisors and thai said Board
| OF Election Supervisors performed all the
duties imposed upon them by law, in con
formity with the provisions of law.
Also that 4 commission has been issued
to John Albert Boyd as sheriff OF Cecil
county, by the Governor Of the State, sinct
the institution of this suit, and that the
official returns made To the Governor
show ed upon their face that said Boyd was
elected sheriff OF Cecil county by a plurali:y
of eight votes over said White
| Also that the poll books of sad election
| eighteen in number with the certificates
therein now in the custody OF the Clerk OF
this Court, are admitted i'll evidence aut
may be used by the court, at any hcarin.
of the case.
JOHN S. WIET,
g. MCCULLOUGH,
Atturrfeys for j \ Boyd
Il c. THACKERY,
, II. NJ MCCTLLOTGH,
Attorneys for G. j w hi.
THE MOTION TO DIsMI 5 PETITION
filed by Mr.. Boyd's counsel is as follows