The Democratic advocate. [volume] (Westminster, Md.) 1865-1972, 1898-12-24
CIRCUIT COURT PROCEEDINGS.
Bert Nelson Acquitted of the Murder OF
Reaver--The MandamuS CaSe--COurl
AdjOurnS.

AuJOuIHS.
The circuit court for Carroll reconvened on
Monday, after recess of a week. The hrst
case taken up was the mandamus case, to re-
| quire Judge Roberts to issue an order direct
ing the clerk of the court to issue license to
Walter McCrea, of Gambler, who applied Tor
a hotel license. Objection was made to
granting the application, and Judge Roberts
set time for hearing. After the hearing.
| the court decided not to direct the issuance OF
the license. In so deciding the court did not
assign any reasons McCrea, then, through
his attorneys, Bond & Parke, petitioned
Judges Jones and Revell to issue writ OF
mandamus directed 10 Judge Roberts to COM
pei him to order the clerk Of the court to
issue a license to McCrea. The petition
stated that, as the applicant, McCrea, had
filed an application in conformity with the
law and proved all the facts necessary to OBJ
tain license, and, as the DIRECTORS had not
shown at the hearing single reason why tAe
license should not be granted, the action OF
Judge Roberts was an arbitrary exercise OF
his discretion and in violation of the provis-
ions of the act of 1894. To this petition
Judge Roberts replied that as he had heard
the case and decided it his action could not
be reviewed by mandamus.
The counsel for the petitioner then moved
to quash Judge Roberts answer for the FOL
lowing reasOns-lst, because in deciding the
Question as 10 whether license should i@Sue
or not Judge Roberts was exercising non
iudicial and unconstitutional function. ID. be-
cause the answer should have shown Judge
Roberts reason for refusing to grant the IL
cense to McCrea.
The argument of counsel for McCrea en-
deavored to show that the act OF 1884, IN
casting upon Judge of the circuit court the
duty Of hearing and deciding whether liquor
licenses should issue or not, imposed IL non
judicial duty upon the judge, in the nature of
an excise commissioner, that was prohibited by
the constitution; that as McCrea had complied
with every requirement of the law and as no
reason had been shown at the hearing of Nc
Crea's application why II license should not
be granted to him. Judge Roberts could not
put in an answer simply saying that he had
heard the case and exercised his discretion,
but that the answer would have to state his
reasons for his refusal to grant the license.
The counsel for Judge Roberts, Thomas,
Reifsnider Il ReifSnider and Steele, contend
ed that as Judge Roberts had exercised his dis
cretion under and according to the act of 1894,
it was not competent for Judges Jones and
Revell to require him by mandamus proceed
ings to state his reasons for declining to grant
license to the applicant, McCrea, and that
it was not competent for them to require him
to substitute their discretion for his.
The motion to quash the answer Of Judge
Roberts was overruled. Judges Jones and
Rcvel, in delivering their opinion, said that
as Judge Roberts had exercised his discretion
and decided the case no further answer was
required of him and that he could not be COM
PEELED to give his reasons for his decision.
They said further, that a Judge could not be
4 Al.
plications for liquor licenses, but they did not
90 50 far as to say that the constitution pro-
hibited them from doing so, as argued by
counsel for McCrea. The case may go to the
court of appeals. The question now is, if the
law of 1894 is finally declared nconstitu-
tiOnal because Of imposing non judicial
duties upon Il Judge of the circuit court,
whether or not the general law would apply
to licenses in Carroll The matter is one OF
much importance to not only liquor dealers,
but to the whole people, as under the high
license provisions the public schools receive
about 81, 500 year from licenses.
When Nc Crea's application for II license
was presented to Judge Jones on Tuesday, he
declined to consider it. Whether the refusal
was based upon the fact that the application
had once been decided by a judge Of the cir
cult or upon the ground that the constitution
did not require him to consider it, he did not
state.
NELSON MURDER TRIAL.
On Tuesday the case of the State VS.. Rob
ert, alias Bert Nelson, indicted for the muir
der. by poisoning of Charts A. Reaver, at his
home, near Union Bridge, on October 9Th
last The accused elected to be tried before
the court, and the first move Of his counsel,
was taken up D. n Henning and Guy W.
Steele, was to demur to the indictment. This
was overruled, and States Attorney }. NJ.
Reifsnider proceeded with the prosecution.
The first witness was Mrs. Mary Elizabeth
Nrs. Rea { ft ON the P'asssifsa -
Clio old that Nelson was in the employ OF M lI
,hamd from October 1897, till January, le9o: ne
was then absent until March, Wheh ne Ie't IN the
He then remained two weeks Stee TiPnEtirs and
nous; thn first H0or. Part of the time during ms
hsanre he was in Baltimore. witness l[eateu id
as she would anybody else, ana liAe'' i''"
Continuing, she said: HE left BaltmoTf III n n,e
morning. My husband had Dee been ,onxa him
| iadIv and | had told him would leave MN. :.
asked Bert to meet me i'll Baltimore anu NJ NJ Rur
the place l wished to go. He took me t 10 NJ Bnr
Ill went to nv aunt's, and Bert went 10 " ASH
innton. He returned to my aunts whete we s hS
together and lived as man anu 10 m and he after
Yards wanted Bert to come back ana MOTE WORTH ~
him, and at his request at wan Wosbn ne oH
my ,Thn SeISon was arrested and sent to Jail on
,eaca warrant last summer at the instance y, 49,, ~.
Prother I went to see him three times. ne N
P, nil ahont week before the death OF III
husband He was at our house on me 5a we,
previous. My husband comp c9mpSSiin s deat tf'
Witness described his symptoms which heT o n rs
band thought were those of TYPHOID teHer z,
:. very iluc tiC%r1e and ate freely of boiled cal
haze prepared by myself, got SICK anu ,;r ny
band also Charlie was workl 1gga III to 90 to Il
9uarry and Law down He afterwards got up o.
complained of pains in his head anu yon
said he would not go out. He comneinee 1a so Sa
l. nc and had Il terrible headache. ms was ~
:, tamber % He also suffered win uhIloe "a,
came at the same tlIne hG T hut said he felt b.
III tar in some respects and worse in others. "a
him to send for physician, but ne o Ser,s W.
p EnnltT consented and l sent for Dr. MOTIFS, W
nnlii IN ,nadicine He also gave me medicine
re TheTmatsm My husband said the meu rt f "
- moi doing him any good and then sent l9 o :
al doctor aeain but he was not ut home, ana st
e. for Dr. Markell He came on SaturHHaS 5 aHI = 7
scribed for my husband. ph 01So reInaSed FRI
m Bert for the first time after he was rele''Se'' Nv
- Jail ,-..---,, Tina during the week prec
"a inc the date Bert came. from him. put c'iiiI ~
al ed it. . ootobor 7 sent nv Ii
how To the garden to gather tomatoes, anu nc "a
= im!,nd said there something green On
% vines and he would not do it. wen. IN 'N1 wi
ii. don in the evening and got some toulSt "
md 7 wont into the house my hands ana clotiles
tboes we're full of substance resempilnE =
Uraan The next morning SOulc VI ~ 80 In
c. garden and found large 9u%GGt iii he OF rr 1ne
ana s..That night Nelson came. lie came about
o'clock when were al aseeR s G Hm r i% and
Gs knocking at the door Gharne ieo H snn,n snnpe
did then went w TO Ghd doMn % %nS sent
M''i'T We s,t mn late and Bert slept i'll the room
p ppsite "" ours. slept with my husband rrst
Hiss PsW,. bnshan nd did not want Bert to odowhsl
III r.. t ~ snmahody would see him. and he II
into trouble he stayed nRiFtsh the eu nefn
N uaS i w. bnsband said Bert gave him his med
night hasD@ ondb %nI Tdry OF
A. ~ al in THE doctor had been to see him
left him him some powders He took eight mt p 10Y
,rf. and other medicine between four ana SIN
"On Sunday evening Bert said he had been ,eei
use, and showed me powder in an envelope, MN
"a;d was morphia There about a taDiesl
TlI of it. and it looked like plaster paris;
res said in answer to remark made ap9ut IL
Inokino bad that it pity he (Charle
Lit not dead. He wished he was. .oo on Ne