Saint Mary's beacon. [volume] (Leonard Town, Md.) 1867-1983, 1899-06-08

Nhe Circuit Court met in special ses
sioa Thursday. June ist, instant. Hi
Honor. Judge Crane. on the be nch. Tn.
Grand Jury was called and eighteen
members answered TO their names
Judge Crane charged the Jury and In,
sfructed IL TO inquire into the case OF
State vs.. John @. Stewart, colored. who
was In Jail on 9 charge Of rape. The
jury retired and the Court took recess
until 2 o'clock. When the Court recon.
vened, the Grand Jury brought in pre-.
sentiment and indictment.
Stewart was brought into Court, and
upon inquiry, informed the Judge that
he had no counsel and was unable to can.
ploy one. Whereupon, Judge Crane as
signed Robert G. Combs, Esqr., to de-
fend the prisoner. Daniel &. Hammett
Esqr., appeared for the State. Prisoner
was next arraigned. pleaded not guilty
and elected to be tried by Jury. Attor-
ney for defense demurred to the indict-
ment on the ground that In the first
count two odenses were blended CON-
mon law offense and statutory offense.
The demurrer to the second count in the
Indictment was on the ground that there
was no such statutory oifense as the at
tempt to commit the crime charged, and
II there was, there was no punishment
provided 10 dc the offense. The demur-
rers were ably argued by both counsel
and the Court held the matter sub curia.
Court adjourned for the day.
June End. Court met. Judge Crane
on the bench. Petit Jury called and at
tendance noted. The Judge stated that
he had spent good portion Of the night
examining the law, and cited authori-
ties bearing upon tie questions raised
by the demurrers, which he oyerruled
Prisoner was brought into Court and tr..
al proceeded with before the following
Jury: John T. Johnson, VIM. II. Penn
broke, John L. Norris, ]. w. Latham,
VIM. F. Stone, George +. Tennison, w.
A. Wallace, Joseph ]. Hayden, Giles f.
Dyer, John T. Taylor, James II. Thomp-
son. James Burch.
Several witnesses were sworn. The
testimony was of most disgusting char
acter. After arguments by counsel the
jury retired, and at O p. m. brought in a
verdict of guilty on the first count"
After the verdict was recorded, the Court
asked Stewart what he lad TO say why
sentence should not be passed upon him.
The prisoner answered that he had" moth
ing to say" The Judge reviewed the
case, spoke of the Nervousness of the
prisoners crime. said that the evidence
was clear against him, and that governed
by it, the Jury could not have found a
different verdict. He also told the pris-
oner that he had been well and skillful-
ly defended by one of the ablest lawyers
in the Circuit, who had done everything
for him that could have been done.
"But for the feet that some doubt exists
that the girl is under IA years Of age" "
said Judge Crane. 81 would have impos-
ed the death penalty. That doubt saves
your neck. You are sentenced to the
Maryland Penitentiary for life."
The Court then adjourned.
Stewart received his sentence without
any demonstration whatever. The crime
for which he was convicted was commit
ted May 10th, proximo; he was jailed
Sunday, May 21st, by Constable z. T.
Graves; indicted and arraigned June list
instant; convicted and sentenced June
End and taken to the penitentiary June
9Th. His victim was Mary Estelle Sew.
ell, colored.