The evening times., 1899-04-12
MURDERER BERRY's
RIDE TO MARLBORO
Prisoner Views Excited Crowds
With Unconcern.
He Insists Upon Being Tried in
Baltimore.
Change of Venue Granted and the
Defendant Spirited Away From
Prince George.

Ol
The negro, who has been in Baltimore
city Jail since his arrest was brought 70
Upper Marlboro by Sheriff B. F. Roby yes
terday. The prisoner made oath that he
could not get fair and impartial trial in
Prince George county and asked that his
case be removed.
The court, consisting of Chief Judge
Briscoe and Associate Judges Grain and
Merrick directed that the case be trans
ferred to Baltimore city. This decision was
reached after a consultation, as it was first
thought Berry should be tried in Anne
Arundel county. Owing, however. to the
difficulties which would be experienced by
the witnesses in getting to Annapolis. the
court sent the case 40 Baltimore.
Berry was not brought into court but
made his affidavit in the county Jail before
Justice W. Fl. Harper and Messrs. Charles
II. Stanly and C. C: Magruder, who were
assigned by the court to conduct the de-
fence.
Sheriff Roby reached the Baltimore city
Jail about O'Clock yesterday morning and
at once took charge Of Berry, who, then
notified that he was to be taken to Marl
boTo, gave no signs OF uneasiness but pick
ed up his hat and was given over to the
custody OF Sheriff Roby, who Immediately
left the jail and went to Camden station,
where he took the train for Washington.
This move by the sheriff caused general
disappointment among a large number of
passengers, who had congregated at both
Calvert and Union stations to take the 7:37
train for Pope's Creek. this being the
train which it was thought the sheriff
would take with his prisoner. Just as the
train passed Madison Street the crowd in
the cars looked out and some one recog-
nized the sheriff and his prisoner, who
were waiting for the train to pass. They
are left" shouted several of the knowing
1 ones. and the theory seemed to be general
ly accepted. But Sheriff Roby intended to
leave the crowd and not get left himself
He never intended to take the Pennsylva-
MIA Road, but notified his deputy. Joseph
r. Tighe, TO meet him in Washington at
the Baltimore and Ohio depot.
Crowd Made Remarks.
At Camden Station remarks which were
not of comforting nature were poured
out in the hearing of the negro. Entering
ear. Sheriff Roby took his prisoner to
seat. As the train sped along Berry
amused himself by looking out of the
window. At Hyattsville. where connection
is made with the Chesapeake Beach Rail-
road. where Sheriff Roby expected TO meet
number Of Prince Georgians who were on
the lookout for Berry the sheriff took the
the coach until the train had pulled out
of the station
In Washington city Berry was hurried
cut of the depot. where Sheriff Roby- was
met by Deputy Tighe. who. with the party
entered surrey, TO which Two spanking
horses were hitched. Sheriff Roby and the
negro occupied the rear seat while Deputy
Tighe and George Jory. who did the driving
took the front seat. All settled. the team
started out of Pennsylvania Avenue and
crossing the bridge over the Potomac drove
TO Marlboro. During the ride of twenty
miles. Berry showed not the slightest evil
dence that he was TO face the charge Of
murder. nor did he seem to care or ap-
preciate the fact that the circuitous route
over which he had been brought was for
the purpose of protecting his life II any
thought akin to gratitude passed through
his mind, he gave no visible sign of it,
He spoke when spoken TO. but seemed
rather sullen during the "trip.
.is. Hurried Into the Jail.
When the party reached Marlboro the
driver put little ginger into The team
and before the crowd which had gathered
at the courthouse gates were aware of it.
the horses had passed and stepped at the
gate of the county Jail and the sheriff and
prisoner were safe inside the enclosure
The news of Berry's arrival spread like
widfire and the courtroom was soon
emptied of the curious crowd. White and
black. women and children, all went rush.
ing out in hopes that they could get a
glimpse of the murderer. Sheriff Roby
had anticipated this and before the Gro xd
came he had the .negro secure in q eel!
on the first floor of the jail
The court was then notified of the prs-
oner's presence in town. Judge Briscoe
announced that the court had decided to
give Berry able counsel and designated
Charles II. Stanly and c. c. Magrudzr
Both of the attorneys were surprised and |
enquired when the court proposed to hear
the case. AT once; today said the |
court.
The stubborn Prisoner |
Messrs- Stanly and Magruder were in
structed by the court to see the prisoner |
at once. They proceeded to the Jail, and |
Deputy Tighe told Berry to come cut of |
the cell and go into the guardroom Here
he was closeted with his counsel
We have been appointed by the court
to conduct your case said Mr. Magruder
Have you any other counsel?"
No. sir" was the response.
We'll, have you any witnesses" ?"
NO, SIR Berry answered.
We'll. you are to be tried today
No, SIR" broke in Berry. Il will not
be tried here. but will remove my case"
That is your right" said Mr.. Stanly,
but We can get you as fair and just
jury in this court as you can get any
where
Il know my right said Berry II
can remove the case. and that is what / |
intend to do"
The lawyers both told their client that |
his chances were as good here as they |
would be anywhere. and rather Insisted |
on the negro consenting to be tried at |
Marlboro. But to all these suggestions |
Berry said NO After second visit to |
the prisoner, who seemed to be more |
stubborn than even at first, said: Il shall |
not be tried here, but want to be tried in |
Baltimore"
Messrs. Stanly and Magruder both in
formed the prisoner that the court could |
the case tried wherever he wanted. This !
fell fiat with Berry, who replied: Il shall |
move it,
The affidavit was drawn and Justice W.
II. Harper was sent for to administer the |
oath. The attorneys then returned to court |
and notified the bench OF Berry's deter
mination.
Keep this quiet" was the instruction
of the court.
Judge Briscoe then called Sheriff Roby
and notified him to get the negro out Of
town at once.
The word was then given out that at
$50 Berry would be placed on trial. This
"A TRAINING IN CT