Saint Mary's beacon. [volume] (Leonard Town, Md.) 1867-1983, 1901-03-14
Saint NafI|s Beacon.
Indictments Against Moss
and Smith We're Dismissed.



A. A. Moss for accepting bride
from Mr.. B. f. Smith, the con-
tractor who built the jail, and the
two indictments against Mr.. Smith
for giving a bride to Mayor Moss
and for offering bride to Council
man B. B. Cory were dismissed by
Judge Robinson on the face of the
indictment.
AS Judge Brown was witness
in the cases, it fell to Judge Robin
son to try them. Court was delay
ed somewhat by the absence of Cap
tain G. w. Fitchett, one of the
witnesses in the cases, and owing
to Judge Roblnson's being engaged
in another court at the time the
regular police court adjourned.
Judge Brown issued bench war
rant for Captain Fitchett, aud he
was brought into to court to show
why he should not be held in con-
tempt.
Captain Fitchett said that he had
never been summoned to appear and
did not know anything about it.
Officer Sheldon, who was given the
subpoenas to execute, was asked to
explain how he had executed the
summons against Captain Filchett.
He SAID be saw him talking TO Mr..
Langhorne and told him be bad
some papers for him. Captain Fit.
chett replied that he didn't want
them and walked off.
This, of course, was not legal
service and the rule was dismissed.
In taking up the cases Judge Rob
inson read the indictments and an
nounced that be would have to dis
miss them, as there was no way in
which he could try the cases
He said that the indictments
were void on the face, as the time
Of the commission Of the alleged
otfense was more than two years be-
fore the Indictment was found, and
the cases were necessarily barred by
limitation.
The Common wealth's attorney
asked for permission to cite some
authorities before the court render
ed it's decision Captain Berkley.
attorney for Mayor Moss, stated
that Mayor Moss had always de-
sired a trial of the case against him,
and at the same time the iudict-
ment was returned by the grand
jury, he had gone Immediately to
the Corporation Court and asked
for trial, not knowing that the
case must come up in the police
court.
He asked that Mayor Moss's case
be tried FIRST. Mr.. A. w Arm
strong, Of Alexandria, attorney for
Mr. Smith, asked that the cases be-
tried together, as the oifrnse was
the same in both cases. lie SAID
that it would be a peculiar paradox
if the cases should be tried sepa.
rately and the trials should result
in the dismissal Of one Of the par.
ties and the conviction OF the other.
lie said no matter how great
might be the offense OF private
citizen giving bride to a public
official, the offense Of the Official in
accepting it would be much greater.
Commonwealth Attorney r bin
son explained that it might b,
shown that Mr. Smith offered a
bride to Mayor Moss and that May
or Moss refused it, in which case
an Indictment could easily be found
against Mr.. Smith and not Mayor
Moss.
lie said that the Smith case was
set for trial on this date aud the
Moss case WAS afterwards set for
trial in order to use the witnesses.
who are the same in both cases.
Judge Robinson said that be had
not been officially notified until Il e
day he tried the cases. He SAID
that he had certain views in regard
to the indictment and would Ike to
be instructed as to the law.
Citing from Bishop he said that
an Indictment must show prima
facle case on is face These indict-
mehts, he said, fail to do this.
The ALLEGED offpnae WAC oono N, ittad