The citizen. (Frederick City, Md.) 1895-1923, 1897-03-05

Near Buckeystown, this County
in August Last-Verdlct, Man.
slaughter.
The Circuit Court convened yester-
day, March 3rd, at the usual hour. At
tendance almost as large as yesterday.
The first case called was the State VS..
Benjamin Butler, charged with shoot
ing and killing colored man named
Thomas Carter. The shooting occur
red at point near Buckeystown, this
county, where number of colored
people were holding festival, cake
walk and fair. Nelson was shot.
Butler, who did the shooting. was
knocked down. He then shot Carter,
who died during the course of the
night. Butler was arrested at Mr..
Lee Simmons house, where he had
been employed, brought to Frederick
and Jailed.
The jury was chosen with but little
, trouble and are as follows: Daniel b.
Routzahn, Chas. B. Shope, jeremiah
Martin, Scott Leatherman, Martin L.
Kaufman, John r. Hendrickson, Jo-
slab Gross, Hiram Keefer, Samuel
Hafer, NJ. e. Getzendanner and Dan
iel HI. Routzahn.
The defence's plea is self defence;
that the crowd to whom he was prac-
tically a stranger, intended to beat and
kill him.
State, said he sat on the fence with
Butler, and Butler showed him three
bullets in his pistol, which was breech
pattern. Kicked Abner Krebbs' hat,
tn at had fallen on the platform. Then
Thomas Carter called me into the pike
where we had some words.
Then Ben Butler called me to him
and asked how l could take all that
from one aud told to shoot me
him. | refused. On cross-examina-
ton admitted drinking together with
Butler and Carter. Was on the plat
form when Nelson followed Butler,
with pistol in hand, threatening to
shoot Nelson. Nelson had nothing
in his hand, but was in the crowd
when the pistol was discharged. Did
not see the shooting, as the lights were
out; that is the torches used to light
the platform.
Heard Butler tell Nelson to keep
back or he would shoot. Carter had
been drinking Heard no one save
Butler shoot Saw no clubs. Saw
Carter lying in the road. Started to
raise him up and Carter said, Don't
move me, let me die at ease" So l
left him, etc.
VIM. Whiting said that from the
fence on the roadside to the platform
wan about four feet and the platform
was about as long as the Jury box hut
wider. The table was on the end oppo-
site or furtherest from the road. Two
boards on chairs served as a bench.
Fair or festival going on, and cakes,
candy, lemonade and ice cream were
for sale. Tom Lee and Carter were
fussing in the road; pushed Lee and
Carter. Butler told Lee to take the
pistol and shoot. Lee refused. Butler
said he would. Butler went towards
the platform saying | will snOot the
--. Nelson was standing at the
entrance gate and heard him and ask
ed the girl he was talking to, "Who
does he he mean? You" Butler snap
ped his pistol three times, backing
and Nelson following. Heard no
words; backed to the table
Butler turned his head for an in
slant, when Nelson struck him. But
10 Ill OF
light roof Then Butler shot Nelson
His pistol was drawn from the time he
reached the platform. Butler went
across the platform after shooting Mel.
son and aimed ut Carter. hit him
and then pulled him down. One hand
was ON his breast and the other on But
ler's wrist. was hit on the arm and
lost my grip. Butler then sat up and
shot at Carter when he was about II
feet away.
1 reached the place at IL O'Clock.
Saw no one with pistol but Butler;
heard no threat or words against But
Ter. Nelson did not knock Butler
down. Butler backed off the platform
waving his pistol, saying, "Any more
of you - come on, I'll shoot
YOU ALL" Carter did not strike But
Ter; he was not near enough; did not
threaten. He led Nelson home, and
telephoned for the doctor. Saw Carter
at his home
On cross-examination he testified
that he saw Carter and Lee about to
fight. Saw no knife in Carriers hand,
out saw him hit at Lee. The platform
was lighted by two or three torches.
Pushed Carter towards Lime Kiln;
Lee towards BuckeysIown. Heard
Butler further down the road call to
Lee; stopped to hear. He said, "Kill
the black --.n | was the nearest
person TO them. Saw John Hill after
the shooting. Nelson and "a woman
was standingat the gate. Butler backed
and Nelson followed. Nelson struck
with his fist; no club. Saw no cut on
Butler Heard no one say Kill the
- -" More Than a dozen were
on the platform. Carter was standing
still when shot; had no club. Butler
was stranger. There was no gen.
eraI rush against Butler Carter was
in front of Butler; almost at his side.
Butler aimed straight at Carter.
had one hand on Buffers breast; other
arm was numb from the hit; could not
have prevented the shooting. Was in
Frederick with Joe Weeden and Car
ter-drove in-had case of beer which
left at the festival until | went
home; drank in town, but not whis.
key; did not touch the beer in the case
Carter was not drunk nor was |.
DIR. Thomas z. Johnson was with
him during the night. The wOunC
l..