The aegis & intelligencer. [volume] (Bel Air, Md.) 1864-1923, 1896-12-18
THE BOWLING TRIAL ENDED
A VERDICT OF MURDER IN THE
SECOND DEGREE


SECOND DEGREE.
General Approval of the Verdiet-A
Full Report.
The trial WAS resumed on Friday before 8
large and deeply interested audience. The
interest was undated.
DIR. Frank P smithson vas called to the
stand and resumed his evidence. He said,
"There was no examination made Of the
wound upon the left eide. Judging from the
scattered shot, Mr.. Whitaker must have been
in STOPPING position. The right side show
ed where the shot must have entered in a
body. The other load was scattered. When
first saw Whitaker he was under the apple
tree"
william T. Billingslea testified to his pres
encs and witnessing the dying deposition.
The paper was offered In evidence and OBJ
jected to- The objection was overruled and
the paper admitted, an exception being taken
by the defence.
wHITAKBRs' ASTR-NoRTRH STATEMENT.
81, Charles Whitaker, of Hartford county,
Nd, being, SIS l believe to be, mortally
wounded and beyond hope of recovery, and
having full realization OF my desperate con-
dition, do make this day my dying declaration
as to the injury and wound have received.
This morning. heard of some one knocking
fruit OF my trees at the Bowling property,
now owned by me. | went over there about 9
= L No. lin
who still lives in the house on the place, when
l could obtain possession. James Murphy
and my son Harry went with me. Downing
said he thought he could go out this week. l
told him | had been bearing that kind Of
promises ever since had bought the place.
He said he thought he might have yesr to
stay under the law. 1 told him II he talked
that way would have TO try the law to get
him out. He started to say something as
threat, and then running into the house, said,
al will kill you," and came out with gun,
and after he came out he threatened several
was going to kill me and made at me. went
back as far rs could get until got TO tree
and begged him not to shoot me. He then
shot NE twice With the gun through the plum
tree, which tried to hide behind, but which
Was too small 10 shield me. l was unarmed
and bad no notion OF creating any disturbance.
He had not the least provocation 10 shoot me,
sHd think he has killed me. He drew pis-
toll after he had shot me and said he would
kill me. then ran down to the old orchard
q little way and laid down and was brought
home frsm there. l begged Bowling not to
shoot ne aad said thai there was no use for
him 10 get mad. James Murphy, my son
Harry and myself were the only ones present.
This occurred In Hartford county the I'd day
of August, in the year 1893. am MORALLY
wounded ana cannot recover. This statement
vss reed over lss me and 10 correct"
In testimony whereof here to set my hand
and seal this 81 day Of August, 1sB.
CnAnLEs x WHITAKER. [sesl.
James A. Lyle,
J. P. Wilson,
Charles z. CresWsli,
VIM. T. Billingslea,
?. P. Snithson,
Walter w. Preston.
State Of Maryland, Hartford Css'aty, TO srh:
On this second day Of August in the year
eighteen hundred and ninety-six, before me,
the subscriber, a Justice of the Peace of the
State of Maryland, In and for Hartford county
aforesaid, personally appeared Charles Whit
aker, who in my presence made the aforegoing
statement and made oath on the Holy Rvange-
ly of Almighty God, that the allegations in
the aforegoing dying declaration are true and
bona fde as therein stated at the same time
the said Charles Whitaker stated in my pres
ence that he considered himself MORALLY
wounded and had no recovery. l hereby also
certify that the sforegoing declaration was
taken down as stated by the said Charles
Whitaker, read over to him, stated by him to
he correct and signed by him in my presence.
JAMES A. LYLE, j. p.
DR.. ". b. AUSNIKBUIsES.
81 wa. called to see Mr.. Whitaker on Sun
day afternoon, August I'd, between four and
Ave O'Clock. DR.. William 8. Archer accom-
panied me. DR.. smithson was there. Whit
aker was lying on the porch, suffering from
gun-shot wound. He was shot on both the
right and left sides. There were no other
wounds that VIC saw. On the right side the
wounds were more scattered. On the left side
they were closer together. Iprognosed fatal
ity. | assisted at the post-mortem. Either
wound would have been fatal by itself. l
took the shot out OF the wounds. Death was
caused by internal hemorrhage. The intes-
tines aud spleen were perforated. Mr.. Whit
aker had the appearance Of being healthy
man, and there was no other apparent cause
for death" On cross examination witness
said, doctors Smithson, Archer and myself
were present at the post-mortem examination.
Both wounds were examined. The wound on
the left side was higher than the one on the
right. Tho shot was found below the lungs.
We took very few shot out Of the wounds.
Either one OF the wounds would have caused
death.
DE- WILLIAM s. ARCHER-
~ was called to see Mr.. Whitaker on August
"a. l was sent for BY DR.. Nunnikhuyson.
found the patient In dying condition. There
we're two qua shot wounds On him, one on the
right side and one on the left. There were q
few shot in each thigh. We pEobsd each
wound inwards towards the centre. The
wound on the left was siAilar 60 that on the
right, bat was higher mp. The shot passed
through the ineessinss In probably twenty
2laRss- We performed an autopsy. The alb
dominal cavity vas full OF blood. We remov-
Cd two or three shot. Either wound would
have caused death. Pho death was eaused by
kemerrhaxs. The wounds we're on the right
aad LETT y the belly"
ME-. ENABLES wErTAKF1
al am the widow ct Charles whitaker, the
deceased. Iuas at church on Sunday, August
%. / do not remember of ever hearing any
generation between ny husband s1d BOWL
ing, bat havs eonverssd with Dowling himself
He said that Mr.. whitaker lad always been
very kind to him. He told me that Mr.. Whit
Aker had told him he could stay upon the
place, and remarked, ~ am going next week. !"
Bowling had held some conversation with me
about the fruit upon the place. He (Dowlingj
was at our house very seldom before the time
of tho sale He said that Mr.. Whitaker had
been very lenient with him. On that day,
Sunday, August I'd, l asked Mr.. Murphy to
10 and get Some plums, but did not ask my
husband to 50. wanted him TO stay at homo
/ wanted to talk to him. did not SEQ him
GO" On cross examination, witness continu-
cd, my daughter Mary went to church with
me that day. We came home past Dowling'i
and reached home about quarter past one.
tek hal hDieh.
ed. saw boy shaking plums OF OF tree