The citizen. (Frederick City, Md.) 1895-1923, 1901-03-01
MURDER IN FIRST DEGREE
"Ceph" Overs Adjudged Guilty
Jury Only Out Six Min
utes-Other Court News.

son, at Monrovia, this county.
on the evening of October 3Ist.
1900, was tried before Il Jury of
twelve men and adjudged guilty
OF murder in the first degree
the jury having been out only
about six minutes. There was
all almost unanimous sentiment
upon the strength of the evi.
dence, against Overs, and the
verdict Is considered in perfect
accord with the facts.
The following composed the
jury: Lorenzo Gardner, foreman:
Clayton Zimmerman, James r.
WaeSche, John Boyer, George
+. Kline, g. VIM. BuShman.
James NJ Kerrigan, Charles Rit.
ter, Reuben y. Ham. Henry j.
kriSe. George W. Smith and Ed.
ward Angleberger.
The crime committed by Overs
was an exceedingly cruel and
cowardly one. For some slight
offenSe Overs, who was drunk,
took a violent dislike to Donald
son and on the fatal day, which
was rainy one, whilst loaling
around the "quarterS, quarrel
was started and Overs got into
1t. He was very roughly han.
died by the crowd and when it
got to hot for him he ran away.
just as he did so Donaldson threw
a stick at him and struck him.
Overs, according TO witnesses,
made threats against Donaldson
at several places and later got an
order from Mr. Smith, his EN-.
ployer, for 50 90, with which he
bought Il revolver at the store,
but was too drunk to load it, so
the clerk helped him. lie went
to where the men were eating
supper, saw Donaldson, and
went towards him with Il threat.
Donaldson put his hands on
Overs shoulders and sale
"Ceph, now, none Of that"
Overs quickly pulled his gun and
Shot through the side flap of his
coat at arms length range. The
bullet entered DonaldSon'S Stom-
ach. perforated the bowels and
shattered the hip bone. lie was
sent to hospital i'll Baltimore,
but died the next day.
Overs went away after the
shooting and was captured at
Mt. Airy on freight tram, ON
which he hoped to escape.
At the trial the only defense
his counsel, MeS>rs. Harp and
Etcli>on could make was that
he was drunk or insane at the
time and was entitled to a yer.
diet of murder in the second de.
gree. The State was assisted by
Hon. Milton e.. Urner.
Judge McSherry pronounced
the death sentence as follows:
"You have been convicted of a
most outrageous, bloody and
brutal murder, and rightly con-
victed. You need not look for
executive clemency. You need
not look for the hand of the law
to be stayed. Death is inevita-
bic. The sentence of the court
is that YOU be taken to the Jail,
from whence you came and be
confined in the custody of the
Sheriff of Frederick County until
the Governor of this State set Il
day for your execution, and then
be taken to the place of eXecu-
ton in Frederick County and
then and there be hanged by the
neck until you are dead" And
may God have mercy on your
soul"
Overs took the verdict rather
cody, but since has become
rather nervous and frightened.
On Wednesday last an interest
ing question was raised i'll court
in the case Of the State VS.. Benz.
f. Morgan.
Morgan's counsel, Frank l..
Stoner, filed a plea in abatement
to the indictment on the ground
that the grand jury which found
the indictment was not legally
constituted body and that any in
dictment found by that body was
null and void. Mr.. Stoner argued
that the grand jury was illegally
constituted because Daniel V.
Harp. father of Reno Harp, of
the Frederick bar, who was a
member of that body, was dis
qualified from acting in that ca
pacity because under the provlS
ions Of the code no man is eligible
to serve as a grand juror until
after the expiration of two years
from his last service in that ca
pacity.
Mr.. Harp, it was shown, was a
member of the grand jury for the
September term Of court in 1899
and was again member Of the
present body, which, Stoner
charged was in direct violation
of the law.
Judge Henderson considered
fl,nt n ii