The midland journal. (Rising Sun, Md.) 1885-1947, 1897-03-26
Circuit Court.
ASKS A REMOVAL.

Smith, of Elkton, who has suit
for civil damages against the P. w,
q B. Railroad Company for eject
ment from one of its trains at the
Elkton station filed the following
affidavit, asking that the case be
removed to some other court:
In the Circuit Court for Cecil
county.
William J. Smith, VS.. the Phila-
delphia, Wilmington and Baltimore
Railroad Company.
To the Honorable the Judges OF
said Court:
The plaintiff in the above entitled
case respectfully suggests to the
court here that he cannot have a
fair and impartial trial of said case
in this court and asks that the
record in the same may be trans
mitted to some other court for trial.
ALBERT CONSTABLE,
Plaintiffs Atty.
On this 18th day of March, 1897,
in open court personally appeared
William J. Smith, the plaintiff in
the above entitled case and made
oath in due form of law that the
matters and things stated in the
aforegoing suggestion are true to
the best of his knowledge and belief.
JOHN G. WILLIAMS, Clerk.
Mr.. Smith shouldn't fear receiv
ing justice done him among his own
people. May be he wasn't.
FRIDAY.
Suit of Clarence Brickley VS..
James G. Egan and George B.
Brickley. Egan attached an in
heritance of George B. Brickley,
which the latter assigned to his son
Clarence Brickley, who therefore
entered suit as claimant.
The point at law was whether
the assignment was executed prior
to the attachment, and was made
in consideration of proper exchange.
The jury rendered a verdict in
favor of defendants, sustaining the
attach ment.
SATURDAY.
Argument on demurrer in case of Allen
vs. Moses was continued by c. c. Crotl1-
ers and Mr.. Van Bibber for Allen and
concluded by Albert Constable, IT., for
Moses.
The case of Tomlinson VS.. P. w. & B.
Railroad Company was then taken up for
trial. The case involved an accident
which happened to Mrs. Tomlinson, a
resident of Delaware, at FELTON,, DEL on
the 25th of August, 1896, in being thrown
from the cars in alighting from the train
Jury drawn and witnesses for plaintiff
examined.
MONDAY.
Case of Tomlinson VS.. P. w. & B. Rail |
road Company continued. At 3 o'clock
court took recess until 7 80 O'Clock TO
hear argument of counsel upon the
offered upon the case.
TUESDAY.
Counsel in Tomlinson VS.. P. w. & B.
Railroad Company concluded argument
and case was given to the jury at I.3o. |
Albert Constable and Albert Constable, |
Jr., for plaintiff; c. c. Crothers and L.
M Haines for defendant
In case of Allen VS.. Moses, which oc-
cupied the court Friday night and Satur-
day morning, Judge Russum gave his
opinion everything the demurrer.
The criminal docket was then taken
up and the first case called was that of
State vs. William Montgomery, indicted
by the grand jury for numbering James
Brown on the 23d of December last
Montgomery was arraigned and plead not
guilty and elected to be tried by jury.
Sheriff Mackey and his deputy were
busy for twenty-four hours summoning
talismen and as consequence the Court
House was full of representative citizens
of North East, Perryville and surrounding
country. After numerous challenges by
both the State and counsel for defense the
following gentlemen were selected to
serve as jurors: Thos. H. Smith, VIM,
H. Carson, Geo. N. Bennett, Reuben j.
England, John Dunlap, Edward T. B.
Day, +. R. Dean, John Davidson, Richard
Howard, Henry Watson, VIM. w. Holden
Mr.. Holden was not sworn as a Juror, thus
enabling the jurors to go to their homes
Tuesday night and not have to suffer the
inconvenience of being locked up to-
gether.
The swearing in of the jury was COM
pleted on Wednesday morning and the
trial commenced.
Albert Constable, Jr., appeared as coun-
sci for the prisoner. States Attorney
William S. Evans asked for a verdict of
murder in the first degree, The testimony
of the witnesses. all colored, showed that
on December 90 last Brown and several
others were engaged in snow balling
contest near the house occupied by Mont
gomery, who came out of his house, and,
taking aim, fired at Brown, the shot strik-
mo him in the hea1 cauSino instant