The Democratic advocate. [volume] (Westminster, Md.) 1865-1972, 1903-12-05
CIRCUIT COURT,


When our report closed last week the case
OF the State vs.. Frey Harver, obstructing pub
nc road; tried before jury was on trial. The
Jury failed to agree and was discharged.
Weant for State, Roberts Il Grouse and Steele
| for traverser
State VS.. Noah c. Siarner; forgery; plea of
guilty confessed; sentenced to the pententiary
for one year. Weant for State; j. NJ Ref.
snder for prisoner. Starner forged the name
OF his father, Jeremiah Starner, to two notes
tor, $3.50, discounted by Grove A. Shipley,
and one for $38, discounted by William B.
Thomas.
State vs.. Grover Cleveland Taylor; larceny;
plea of guilty confessed; sentenced to ST.
Mary Industrial School for Boys until he ar
| rlves at the age of 81 years. Weant for State;
Walsh Walsh for prisoner.
| State vs.. David G. Trite; forgery; plea of
guilty confessed In having signed the name of
James A. Clark, of Baltimore, to note for
$40, was released on ticket of leave by re-
quest.
On Saturday the Court notified the counsel
In the Stabler case that decision had been
reached and would be announced on Monday.
A full bench was present Monday and Judge
Jones announced the following verdict in the
| case of Edmund Stabler, Superintendent of
the Baltimore Manual Labor School, at Ar
Dutus, Baltimore county, who was found guilty
OF assault ON John Barrus, former inmate of
the school.
THE VERDICT AND COMMENT
Chief Judge Jones read the verdict and
took occasion to say:
Never in the history of this court has there
been case more difficult to decide than the
one now before us, owing to its delicate ma
ture, and before giving the decision it would be
better to speak briefly concerning the position
OF the accused.
THE case, on the one hand, involves the
protection of children of very unfortunate
class and on the other hand the care of such
children by institutions. Usually the question
to be decided is very narrow one, the mere
laying on Of the hand being common assault.
I'VE have here an institution for the caring
/ of children. In such Institutions it is neces-
sary to have obedience and the law provides
for punishment, even corporal punishment,
but discretion, not excess of authority or abuse
of discretion is necessary.
''The previous character and reputation of
the traverser was good and he was held in re-
spect and esteem. During the trial testimony
of which any man might be proud was given
in behalf of the accused but evidence of the
character does not affect case of this kind,
as it might some others.
"Great care and unusual deliberation has
been given this case owing to its delicate ma
ture. That the whipping occurred no one
will deny, but there is considerable discus
sion and doubt as 10 when and how it occurr-
ed. Concerning the condition of the boys
back there were differences of testimony,
some of the witnesses giving testimony even
stronger than the child himself
The boy was of tender years and the con-
dition in which his back was found was one
which cannot be approved of by the court.
The condition was there. The boy was whipp-
ed on Thursday and was found in this condi-
ton on Sunday, and there has been no salts
factory explanation offered.
"An attempt has been made to show that
the injuries might have been inflicted by some
one else connected with the place. When
Mrs. Barrus called at the institution on Sun
day someone said: 'You ought to see the
condition of your boy"
'This condition should have been known
by Mr. Stabler. He should have shown that
the condition was not the result of the whip
ping by proving the condition of the boys
back after the whipping. There should have
been some means of explaining the condition
of the boys back. The fact that there was
not has had great deal of influence with the
court. There are also other Influences, but 1t
is not necessary to go into these.
1.-The evidence in this case has been thor
oughly examined and discussed and a verdict
of guilty has been found"
The counsel for the defense asked for sus-
pension of sentence, and this being granted
they, with Stabler, retired to an adjoining
room. They returned in a short time, and
Mr.. B. Frank Grouse, one of the counsel,
stated that they were ready for the sentence
and asked that in imposing sentence the fam
lily of the accused be taken into consideration.
Judge Jones replied that this had been done,
but that it had no bearing whatever on the
case.
In imposing sententence Judge Jones said
that he thought indscretion rather than a set
tied or cruel disposition had been shown, and
in view of this he imposed nominal fine of S.
and costs. AS the State had entered plea
of not guilty in the assault of June 8, the costs
Id the case were divided.
Clarence L. Strine VS.. John w. Stimmel;
record from the Circuit Court for Frederick
County; action of damages; tried before a
Jury. Stoner, Buckley and Steele for plain
tiff; VIM. P. Maulsby and Bond & Parke for
defendant; on trial.