The aegis & intelligencer. [volume] (Bel Air, Md.) 1864-1923, 1896-12-11


demurrer was then filed to the Indictment and
to each count thereof, and the plea of Not
Guilty, entered.
After the prisoner had plead to the indict-
ment, the counsel for defense asked for re-
cess until Thursday morning for the purpose
of interviewing newly discovered and highly
important witnesses. The request was grant
ed.
Ga Thursday morning the prisoner eXercis-
e his right of election and chose to be tried lie
fore the Court instead of jury. The attend =
ance was unusually large and the interest
manifested IN the case seemed undated. The
prisoner was accompanied by mis- brother. who
took seat by his side. BY request of the at
toneys. the witnesses for both the prosecution
and defense were excluded from the court
| room.
THE EVIDENCE.
Fred. K. Williams the first witness, recog-
nized certain drawings as having been made
by him in Oct, 1896. They represented the eX-
| terror and interior of tine house occupied by
| Dowingat the time of the shooting and also the
ground surrounding the house, and the inter
yeuing land between the residences of bowl
ing and Whitaker. The plat and drawings
were examined by and explained to the Court.
The witness testified that the line of the or
chard runs southeast and that person could
see almost to Whitakers line from Dowling's
| house. The trees vary in distance, being
! from seventeen to about twenty feet apart.
1t is about 333 feet from the door of Dowling's
house to the fence, and point about l4O feet
of was pointed out to witness as the point at
which the shooting took place. The plum
| trees had a diameter of about ten feet across
| the branches, and were not more than ten feet
in height. The diameter of the trunks
was not over eight inches
HARRY WHITAKER.
81 am a son of Charles Whitaker. He died
on August 2d, 1896 Ny mother had been to
church on that day and when she came home,
while we were seated at the dinner table, she
told us that some strange boys were shaking
the plums of at Dowling's place, and said
that Murphy and myself should 90 up and get
the plums had been up to Dowling's early
in the summer, and he had spoken ome about
the plums. On that afternoon ! spoke to
father about accompanying us. He at first
declined, but as we We're about starting, he
| agreed to accompany Us. We walked over to
the place, crossing our own orchard into that
of bowling. We walked up toward his house,
and saw bowling carrying load Of wood into
the house We were over one hundred feet
from his house when We first saw him. We
were then from fifty to seventy yards from the
public road. We did not follow any path, but
went across pasture. He looked towards us
as we approached, and We could plainly see
him We stopped at the plum tree and pick
ed up few plums. Bowling stayed in the
house for a few minutes, and, think, got
bucket Of water. Murphy and myself walked
about the grounds, and my father walked up
to the house aud commenced talking with
Bowling | walked out towards the road and
back, and stood by the well as they talked.
Bowling was on the doorstep, and father and
ne spoke pleasantly about the weather and
other topics. Father asked him when he
would vacate the premises. He replied ''neNt
week Father said, ''you have made several
promises and l can't put much dependence in
YOU" Bowling showed father key of Il
house belonging to Mr.. Glenn, which he had
rented from him. He said he had not moved
because lie had had no one to help him. At
forwards he said that h would not have to
leave for Il year. Father replied, "lf you have
such ideas as that in your head, will have to
resort to legal process" Downing responded,
"Mr. Whitaker, you need not 20 to any
trouble. it may cost you some money"
ave started to 20 home, and had gone Il few
have any right in my front yard gathering
plums Get out of here" We had started to
90. Father said, Il guess We will be going
BOYS" Bowling cried, Damn you, I'll shoot
you.n He reached out with his right hand
and got double barrelled shot gun and start
| ed after US | saw HIM get the gun, but father
didn't lie father WAS about twenty yards
| from Bowling when he rot the gun. bowling
said. "By God, IN shoot you" | called out,
sMy God, pap, run - Father said, Put the
| gun down - Downing repeated, IN shoot
YOU" Father tried to pacify him He said,
"Why Billy what did 1 ever do to you ~
| Bowling replied, "I'il shoot you" Father
lodged behind small plum tree and tried to
shield himself. They were about the length
| of two gun barrels Of The shooting took
place about fifty yards from the house. He
first shot father in the right side of the body.
| He fired twice. After the first shot, father
said, "Harry, he has ruined me-" Bowling
| took aim and fired the second time. There
was not more than four or five seconds be-
| tween the two shots He drew revolver and
threatened to kill father and me also. Dowl-
ing walked towards the house and Murphy
and myself assisted father over the fence and
about sixty yards through the field, when he
said. 81 can't 90 any further" and sank upon
the ground sent Murphy after Mr.. VIM. E.
Hanway. We made stretcher and took him
home he died at II minutes to twelve
o'clock that night. Father was very quiet
during the talk between him and Bowling.
He made no threats and used no profane Ian
puage We were all unarmed. My father
had made some improvements upon Bowling IS
place | was going towards home when
bowling came out with the gun. "a watch
md knife were here shown the witness,
which he recognized as being in the possession
of Mr. Charles Whitaker at the time of the
shooting) ! left because | was afraid that
bowling would shoot me. After Bowling
drew his pistol on me, he turned and went to-
ward the house. | said to father, "Iou may
not be hurt as bad as you Think "No,''
said be, Il am killed" My father laid upon
the porch until dark, when he was taken into
the parior, where he died. Doctors Smithson,
. Munnikhuysen and Archer were there, and
think Dr. Archer made the post-mortem ex-
9 animation
On cross-eXamination, witness said
'Father may have had a walking stick, but
| don't think that he had. He was at about the
third plum tree from the house when he was
shot.
JAMES MURPHY.
live on Mr.. Charles Whitaker's place ant
, lived there at the time Of the shooting, which
!. occurred on August ID. 1t was Sunday. Mrs
n Whitaker went to.church. After dinner Mrs
= Whitaker asked me to 90 over to the Dowlin!
3: place and gather plums. Mr.. Whitaker
q: Harry and myself started and went acros
= the old orchard to Dowiing's place. Their
/ was no path and we walked through the field
We crossed the fence with MIR. Whitak e