The Cecil Whig. [volume] (Elkton, Md.) 1841-current, 1896-03-28


aged lhont $50, h" having a pass book which
NJ. Pensel had ut home" When lie stopped
he owed Mr.. Pcnsel 537O6. Truss was sent
bill and said he could not pay it then but
could pay it later. In the latter part of
month, October 20lh. Truss said he had not
been paid altogether by Mr.. pribcrt Mr
Pens"I found this 10 he untrue, and in De
ccmher, about the Tents. he sent another
''duH, and told him that part Of his goods
had been gotten undcr false irntrnscs. The
bill is still unpli
cross EEANIINAIIuN.
lie said by Truss, falls" prrtonrcs. he
meant the statement that Mr.. Deibert had not
paid him. which he understood to be untre
~ Mt, Deihert always paid hi- men. For the
last on e-haIf year Truss had uvrraGcd about
so worth of goods a month. The last time
that Truss paid him money was in Septem-
Der. In tn" matter oi the average purchases
Mr. Pensel was Il little confused. upon cross
examination. The books were examined and
the average monthly purchases were exam
ined and found to he Truss wrote IA
aote in reply to dun which Mr. Pensal h2d
lost, his daughter destroying them. He
Oct. y had no conversation CORES
pondence, he receiving two notes from Truss.
Penscl when he made the statement about false
pretenses did not know personally whether
Mr. Deibert had paid the men, and Truss. or
not. Truss said he would pay Pense interest
on the bill if he would wait on him.
On redirect testimony PenscI said that in
the past six months Truss hnl gotten goods
to the amount Of S125G9.
Irwin Debert. the owner of tho dry dock
at Chesapeake City, where Truss was EN-.
ployed and the scene Of the murder, gave IL
plan of the SrcuHds. as showa hy Il plat pro-
duced by the state. He stated that Truss was
employed at the engine house. The engine
house had Il window Of wood. like the
Notwithstanding.
In the engine house WAS Il jar o! coal oil
Oh shelf to the rear of the engine house.
which person unfamiliar with the building
would he unable to nnd in the dark
In passing from the boat o. Cartaia
Camp at the end OF tho dry dork onr
would pass tea or twelve feet from toe front
o, the engine house The engine is 10 feet
from the end Of the dock. The engine house
is 40 feet from tle work she'd
The engine house door locked with hasp
staple The window was fastened inside
with hasp and II plug. On the outside you
could see the hasp. there are cracks between
the boards OF the window TuIss was in my
employ, but not on pay the day OF the
murder, nor the day before. / saw the
Captain on Wednesday, | had one man at
work that day Wednesday. Saw Truss there
and had Il conversation that day with Captain
Camp around the corner of the office Truss
was inside--thc door was open | didn't
know what he was doing inside. When in
the house it was possible for him to hear the
conversation there wcro places in the build
ing where he could not have heard the cor
versation When the conversation was over
Truss came out. Truss's duty was to lock up
the engine house. He had keys. Was not
ordered to make fire in the engine house on
Thursday evening.
On Wednesday, Jan. :, WAS in Elkton. On
Thursday day Of murder was away was
away part OF the day on Jan. / and 2. During
the time Truss had worked for me cou!dn' I
tell without his record book what had paid
him.
Tn" State had Instructed the witness to
bring the record book which he failed to do.
They wanted the witscss's testimony sus-
lnJ I b,N ,,.
Constable objected.
llr. Evans stated that the witness
gave them to understand that he had the
book and that he had been allowed to go on
on the stand under those conditions as they
thought.
Ex-States attorney A. l.. Crothers stated
that the witness had informed him before going
upon the stand that he had the book as he
had been instructed TO get it. 1T appears to
me that such ruling would put the power
in the hands of IL witness to defeat the ends
Of JUSTICE The state took every precaution
Judge Wickes said the witness should have
been examined more closely and that the
prosecution should have been more positive
on this point of law. lie ruled that the exami-
nation OF witness go on, and that the admis-
sibiity of the book would be determined
when it was produced in court the next day
Mr.. Deibert then said that on Dec, Both. he
had paid Truss either S17 or Els. Paid him
money Jan. 2nd, either 417 or 51S. Paid
him $135 u day. Never paid him go at any
time. Never owed him more than one month
at any pay day. Never let men wait longer
than one or two or three days. Truss came
to me or 7 weeks before the murder, to get
me to endorse note. First asked me to give
him about 575. | said hadn't the money to
spare. This conversation took place in the
evening. Then he said that Mr. Brady would
give him the money, IL / endorsed the note
He then came back next evening. with $50
note signed He said he wanted to buy 4
little house for $50, and it would require s25
to repair. On the second evening he said
that he had given up the idea Of getting tho
house, and that out OF the $50 note he wanted
to pay Mr.. Pensel, the merchant about 435
Mr.. Deibeit did not endorse the note
never told Truss not to go to the engine house