Evening star. [volume] (Washington, D.C.) 1854-1972, 1903-04-02
ROCKVILLE AND VICINITY.
Upton Clagett Acquitted Of One Crime,
but Convicted Of Another.

Special Correspondence Of The Evening Star.
ROCKVILLE. Nd. April l. 1908.
The trial Of Upton Clagett. a young coll
ored man of this place, who was indicted
few days ago for the murder of Charles
Dyson. colored, who also resided in this
vicinity, came up in the circuit court here
this morning before Judge Henderson. Mn
Edward G. Peter appeared for the accused
and States Attorney Talbot represented
the state. the court room being filed with
persons interested in the case. The trial
very Unexpectedly came to an abrupt end
ing, States Attorney Talbot abandoning
the case, and Judge Henderson declared
the accused to be not guilty.
The indictment was found upon the test.
mony of Ella Bowen. a young colored wo-
man. who testified before the grand jury,
1t is said, that the night of the 4th OF LAST
July she was with Clagett, when he at
being committed a short distance from this
town. She stated that after apparently
killing Dyson, Clagett dragged his body
and placed it alongside the B. and 0. rail-
road tracks, so to lead to the belief that
he had been killed by the cars. Dyson was
found early the next morning and was still
alive. He was taken to a Washington hos
pital.- where he died several days later.
The Bowen woman was the only witness
called at the trial this morning. States
Attorney Talbot began questioning her,
fully expecting her to repeat the story she
told before the grand jury. To his utter
surprise, however, the woman denied all
knowledge of the crime. and stated that
she was with Clagett that night, and ac-
counted for his movements, thus exonerat-
ing him. While the woman was still on the
stand States Attorney Talbot stated to
the court that 1t was upon this wOman'S
testimony that the state relied for a convtc-
ton, and that as she fatty contradicted
every statement she made before the grand
jury and also to him he would have to
abandon the case. He added that he would
prosecute the woman for perjury.
Immediately after the murder case was
disposed of Clagett was tried upon an in
dictment charging him with assault with
intent to kill 1t was charged that he shot
Frank Bowen, a brother of Ella Bowen,
during a quarrel about the woman Bowen
was shot in the side and was taken to
Washington hospital, where he remained
until a few days ago. being discharged as
cured. Judge Henderson found the accused
guilty In this case and sentenced him to the
Maryland penitentiary for five years.
The funeral Of Mrs. John e. Bean. who
died at her homo near this town Sunday
afternoon, took place at II o'clock this
morning from the M. 2. Chapel at Poto-
mac. The interment was In the cemetery
adjoining the church.
Thomas Gather, colored, was acquitted in
the circuit court here today Of violating the
local option law. 1t was charged that he
sold apple cider which sufficiently
strong to constitute violation of the law.
Leonard Burns OF the lower section OF the
county was acquitted Of the charge of SELL
ing whisky.
trict has, 1t Is understood, definitely de-
cided to become a candidate for the demo-
cratic nomination for sheriff, and has 50
notified his friends.