The Cecil Whig. [volume] (Elkton, Md.) 1841-current, 1897-03-27
CIRCUIT COURT.
VIM. MONTGOMERY FOUND GUILTY
OF MURDER IN THE
SECOND DEGREE,
The Tyson viii Case Now on Trial-NOn-
Suit Entered in the TOmlinsOn
Railroad Damage Case.

Railroad Damage Case.
After five hours of deliberation the ury in
the murder case of William Montgomery, the
Elkton colored man who shot James Brown,
colored race track follower. in Elkton on
December % last, decided upon verdict of
murder in the second degree The case was
called at two o'clock ON Tuesday afternoon
and the trial began ON Wednesday morning,
and was given to the jury at the evening
session of Court, the jury retiring at ten
O'Clock. At three o'clock verdict was
agreed upon, and which was reported to the
Court upon its convening at nine O'Clock on
Thursday morning. But one juryman stood
for murder in the first degree
The penalty is confinement in the peniter-
tiary from five to eighteen years. Sentence
was not pronounced.
William Montgomery. the prisoner, was
defended by Albert Constable, Jr., who put
forth his best efforts to save his client, a YER
dict OF murder in the first degree being asked
by the State. The case was prosecuted by
States Attorney William S. Evans, assisted
by James +. Evans, Esq.
THE MURDER.
The crime was committed on December ~
last in that section of Elkton known as
Paradise Alley,n inhabited solely by coIored
people. The locality is near the colored
school house. James Brown and several of
his friends were engaged in Il snowballing
frolic in front of the house of Montgomery
and in the play several snowballs struck the
house. Montgomery was sick having been
confined to his home for two weeks with a
severe sore throa, and general cold. He ap-
peared at his door with a gun and which was
exploded the contents striking Brown and
killing him instantly. The wounded man
spoke not word, but fell forward on his and
expired on the snow. Several Of the colored
witnesses testified that they distinctly saw
Montgomery place the gun to his shoulder
and deliberately fire, while Montgomery
claimed that the firing was entirely accidental
His testimony was to the effect that he was
in the act of cleaning the gun when, owing
to his weakness, he fell against the door and
the gun was exploded.
THE TRIAL.
The first witness called by the State was IA
companion of the murdered man cap"
Carter Of Washington, who came to Elkton
Just before the races started last year and was
present when the murder occurred. He knew
William Montgomery and also where he lived.
James Brown came here from Washington
where he knew him. On the morning of the
shooting Carter, Jim Brown and Willie Miller
came out to SNOWFALL with George Smith
Grant Minor, Henry Brown and several other
colored men. They were suowballing in front
Of Montgomery's house. After throwing at
each other the crowd worked around toward
the railroad when Montgomery came to the
door. A couple of snowballs struck the house
and after they had snowballed several mo-
ments longer Montgomery came to the door.
At the time James Brown was STOPPING down
Montgomery pointed the gun toward him and
Brown was raising up when Montgomery
fired. He pitched forward on his face. This
was about 10 o'clock. Brown had been
boarding at Lucy Wilson's house but this time
had only been been back but two or three
days. Brown was civil fellow and Carter
had never known him to bother anyone.
Did not notice any gun in Montgomery's
hand until the time he shot When he shot
he put one foot outside the door and fired.
On cross examination Carter testified: Lucy
Wilson came up and said to us you had better
stop snowballing Montgomery will shoot some
of you. This was six or seven minutes before
the shooting. All the time of the snowballing
and ut the time of the shooting Carter was
in view OF Montgomery's house, and did not
see Montgomery with gun until he came
out with it and shot
Fred r. Haines of Elkton, testified to hay-
ing made a survey and plat of the scene of
the murder From the manner in which
Montgomery's door opens and the direction
from his house Of the place where Brown was
shot, Mr.. Haines did not think that gun
could have exploded in Montgomery's hand
by falling or striking against the door. in such
a position as to shoot Brown by accident.
Drs. j. w. Cooper, John II. lamar and II.
f. Clemson Of Elkton. the physicians making
the autopsy testified as to the cause of death
from the gunshot wounds. Shock and injury
to the base of the brain caused by two shots
which had penetrated the skull entering the
left eye caused death.
The next witness was Henry Brown. a col
ored boy who was one of the crowd snow.
baling. He testified that when Montgomery
first came to the door and looked out, Henry
saw him holding his gun down back of him
Not seeing anyone, for the crowd had run
around the corner, Montgomery went back
into his house. Henry was frightened upon
seeing the gun, and ran in nearby house.
As Montgomery did not come out then with
his gun Henry went out again and snowballed.
A few minutes aterward the shooting took
place. Henry ran down to the Jail and noti-
fled Sheriff Mackey. The boy was in Elkton
being employed around race horses. He with
the other men and boys began snowbaling
about 10 o'clock. The other men, James
Brown in the party, came up and joined in
th.. nnrtl lotn