The Democratic advocate. [volume] (Westminster, Md.) 1865-1972, 1897-07-03
eve YEARS IN zee pENITENTIAkY.
That is the Sentence Judge Burke Gave
John w. Dudderar on Thursday.


In the Circuit Court Of Baltimore county on
Thursday Judge Burke overruled the motion
for a new trial in the case of John w. Dud-
derar. of Carroll county, convicted of feloni
GUS assault upon Miss Mary E. Stimmell. also
Of Carroll county, and sentenced Dudderar to
confinement in the Maryland penitentiary for
FIVE years.
The motion for new trial was argued by
ex-Judge James A. C. Bond, of Carroll conn
iv. and Messrs W. Frank Mitchell and Frank
/. Duncan, in favor of the motion, and by
States Attorney John s. Ensor against it.
1t was contended by counsel for Dudderar
that the offense was only one OF seduction and
not of the higher crime of which Dudderar
had been convicted. They presented to the
court the sworn statement of DIR. Abraham
Cronk that he had gone to see Miss Stimmel
at the request of Dudderar and had told her
that Dudderar was willing to marry her at any
time and that Miss Stimmel had refused TO
marry him.
petition was also presented to the court
signed by nine of the jurymen who had con-
victed Dudderar, asking the Judge to impose
upon him the lowest penalty allowed by law.
Mr.. Ensor contended that in the argument
in favor of the motion nothing new had been
submitted to the court. 1t was testified by
the GIRL he said, that she had not given her
consent, and the prisoner had been eloquently
aud wisely defended. As TO the offer of mar
riage, Mr.. Ensor said that, although the girl
was the daughter of a poor mother, he thanked
God that she had refused TO sell her honor.
The State of MARYLAND he argued, would not
accept marriage in settlement for such a crime.
In refusing to grant the motion Judge
Burke said that he had paid close attention to
the trial of the case and to the argument of
the motion for new trial. There had been
two cardinal points for the jury to consider
did the girl give consent and did the traverser
use force. The jury, the judge said, had done
Justly in finding the verdict which it did, and
the motion for a new trial was overruled.
Dudderar, who had been sitting with his
brother in corner of the courtroom during
the argument Of the motion for new trial,
was then placed in the dock. Judge Burke
told Eudderar that he was about to sentence
him and asked him if he had anything to say.
ssNo, SIR Dudderar family replied.
The Judge then said that the court had no
disposition to say anything that would add to
the prisoners humiliation or disgrace The
Jury had recommended the court to be merci-
full in passing sentence, and this the court was
disposed to do, though not to the extent asked
by the petition submitted by the jury. Judge
Burke then sentenced Dutterar to confinement
in the penitentiary for five years.
Dudderar, who had stood up while being
sentenced, sank into his seat and began to
weep. He was soon taken to the lookup IN
the courtroom, and when the commitment had
been made out by County Clerk Bacon he was
taken to the penitentiary by Deputy Sheriff
Burke.
The saddest scene Of all was witnessed
when the aged mother and two sisters of bud.
derar, who had been waiting at the Hotel
Hamnton TO hear the result of the motion for
a new trial, saw him passing the hotel in a car
on his way to the States prison. They had
visited Dudderar in prison in the morning and
had spent some time with him. After leaving
the county Jail they went to the hotel.
One of the sisters rushed down from the
porch of the hotel as the car passed and fell
to the ground in swoon. She was picked up
and taken into the hotel. There the gray
haired mother and the two sisters spent about
an hour weeping and moaning. Their cries
could be heard for nearly square. Finally
DR.. J. w. Hawkins was sent for and admins
tered some medicine which quoted the ex-
cited women. and they left for home.