Evening journal., 1895-06-27
MARSHALL PRICE AGAIN In COURT

MhhhhhLu Al0h huhlN IN IuUh j
Exciting scenes In the Denton Court Room
Yesterday Dufing which Price Sat I'm
meved and Unconcerned- Motion Tor .
New Trial oYerrnied.
DENTON. Nd, June ~. The Circuit
Court convened yesterday at noon ans
In anticipation OF seeing Marshall Pric,
again before his execution aud OF hear.
ing OF argument by Prices new attorney
upon motion TO have the Judgment il
the case stricken out, the town hail
where court was held was filled IN,
prisoner was ia court during the argn
ment He has grown much stouter since
the tIial.
The affidavit OF Price aud his new
counsel ia support Of the motion to eel
the judgment aside made serious charge.
against Mr. Rusaum and Mr. Lewis
Prices counsel, alleging neglect Of duty
and allure TO adduce evidence In behalf
OF the prisoner which was ia their pos
session. These charges were Indignantly
repelied by Rusaum and Lewis and THE
scene became ,itiHg. Messrs. Russum
and Lewis, who were the ATTORNEYS
designated by the court to defend Price
aud who bad the case IN charge through
out the trial we're sworn and the items
Of the affidavit we're taken up serlatim
aud answered by Mr. Russum He pro
nounced the document an aggregation
Of false statements from beginning to
end. he said Il visited Price while he
was confined in Baltimore city Jail twice
and at these times / discussed with him
the best plan to adopt TO try bis case /
told him that it was impossible to have
the case removed to Bsltimore and to have
II removed to any other county on the
Eastern Shore | vas sure he could not
obtain an impartial trial at the hands OF
q jury IN any of those counties. one 81
which would bsseiected IL the case
Was removed / advised him to be tried
before the court. because / believed II
wss Ia the best interests OF the prisoner
and Price agreed me- AS to the state
ment that there was important evidences
Ia behalf of the prisoner which | failed
to adducs and tho charge that SUB
pressed important evidence ia Prlce'r
favor. / want to say it ID false ia everv
particular l want to say further that
II | am guilty Of such charge az
represented by this counsel, Er TAYLOR.
l am unfit to be a member OF this bar and
ought TO be dlsbarred On the other
hand, X the charge Ia malicious
talsehood then the party who preferred
It is unworthy Of the same privilege and
ought to be kicked out
At this point the spectators applaudsd
loudly, and it was nee sssary for Judge
Wickss TO reprimsnd them Me Russum
further said that opportunity was given
for moving for a new trial, but he
thought it unnecessary.
Mr. Lewis also made a statement.
which he reduced to an affidavit which
supported Mr. Russums atasement and
which contredicted the afii iavib asking
for the setting aside Of the Judgment.
DR.. Dunning testified that no WIS in
Denton In attendance upon the court
when Price was tried and was prepared
TO testify that he had examined Price
professionally and was convinced that be
was q victim Of hcmicidal monomauia.
that he attended the mother OF Price Ia a
recent illness and was informed BY her
that Marshall was struck by lightninQ
when child and when about IA years Of
age suffered sunstroke ana has been
subject to unaccOuntsble moods ever
since and Ofttimes could do nothing
intelligently. From these circum-
stances, the witness continued, Lam
convinced that from absence OF motive
as was proven by the states witnesses,
with no evidence Of felouious assault as
disclosed by examinations at the time OF
the homicide, if committed by him. he
was Of uns0und mind and q victim OF
homicidal mania ;. Dr. Dunning's tesii-
money added TO the interest OF the case
and Ia much discussed
Judge Wickes rendered the decision d.
the court last evening overrning the
motion to strike out the Judgment
Counsel for defense imms diately fled
their petition for writ OF errors upon
which to taks the case to the Court Of
Appeals During the delivery OF the
opinion, which frequently was very
eloquent and at All times forcible, Price
sat unmoved and apparently as little
concerned as any one u ths courtroom.