Democratic messenger. [volume] (Snow Hill, Md.) 1869-1973, 1895-06-29
MARSHALL PRICE.
He Wants u New Trial. The
Court IIcnrs His Attorney.


The case Of Marshall Z. Price. the
murderer of the Caroline County
school girl, Sallie Dean, is still hang.
ing fire although the time fixed for
his hanging is less than week off.
Court was convened in Denton last
"Wednesday to heara motion by Balti-
more Attorneys 10 strike out the Judge
ment of Caroline County Court. In
the argument Mr.. Taylor the new
counsel for Price reflected on his for
mer attorneys, especially Mr.. Russum,
who answering said, il the charges of
unfaithtulne>s made and implied
against him in the motion were true,
he lRussum) was not fit man to
practice i'll any court of Justice; if they
were false, and were thus shown to he,
then the man making them had no
right in this court to-day and ought to
be kicked out. Mr.. Russum's remarks
called forth Il burst of applause, which
the judges promptly suppressed.
gave history Of his work in behalf of
Price, showing that Price had en-
ployed him to take charge of the case,
and that in the arraignment there was
no irregularity and that every posi-
bic effort was made to save the neck
of the condemned man.
Mr.. Taylor then began his argu-
ment, seeking at first to show that for
a felony the attorney for the prisoner
had no right TO plead 10 the indict-
ment, but that the accused must an
swer himself.
One Of the affidavils fled in court
was by Marshall Price. He swears
that he desired removal of the case
to Baltimore city, certainly from Caro-
line county. He says that he thought
such removal was TO be had, until the
trial began. lie says that he never
was consulted and never consented to
he tried by court; that he did not plead
to the indictment, nor authorize any
one else to so plead for him. In At
torney Taylor's affidavit, he says that
when he was employed to assist in the
defense, it was with the distinct UNDER
standing that the case was to he re-
moved.
Dir Dunning, Of Easton, also has
an affidavit in the matter. He says
that he carefully examined Marshall
Price and had an opportunity TO study
the mental characteristics Of the
prisoner Having been Il physician in
the Price family. he says that it is his
opinion, based upon the knowledge
that he has gained, that Price is Il
victim OF homicidal monomania. Price
has displayed pcculiarities He was
struck by lightning when Il child, and,
later, had severe sunstrokc. The
doctor says that these things, together
with the absence II motive, are con
elusive proofs To his mind that Price
is, mt times. not responsible for his
actions.
J. Henry Baker argued at length
on the legality Of the proceedings of
the Price trial, because the records
failed to show that Price was present
in court when the sentence was passed.
Robert +. Leach, Jr., followed him,
taking the ground that conviction was
in conflict with the Constitution Of the
nitcd States, which prcscribes that Il
Jury Of twelve men only can legally
convict in such eases. The judges then
took the matter under adyiscment and
rendered the decision, over ruling the
motion to strike out the judgement of
murder IN the first degree. Counsel
for the defense Immediately filed
petition for writ Of errors, upon which
TO fake the case to the Court of APP
pcals