The Baltimore County union. [volume] (Towsontown, Md.) 1865-1909, 1904-04-09
APUzzLE FOB MILLEDGEvILLE.
moving What Two Juries Will DO.

II
| ~ APUzZLE FOR MILLEDGEvILLE.
moving What Two Juries win Do.
The first problem that had con.
tronted the town of Milledgeville was
comparatively trifing one, although
it created a sensation. Enos Marley
had been killed in the night. The
finger OF suspicion pointed to two
troublesome local characters, who had
seemed to have more money than
usual after the murder and robbery Of
Enos. But there was no other evil
dence. They had been arrested and
tried, and the trial had been prolific
of sensations. If Nguilty, it was con-
ceded that they ought to be hanged.
Even the lawyer for the defense ad-
mitted that, holding that there could
be no compromise verdict. Either
they were guilty or they were not
guilty. If guilty, they deserved the
full penalty; anything less would be
an admission of doubt, and they were
entitled to the benefit of any doubt.
The jurors would stuItify themselves
if they stopped anywhere between the
two extremes.
The lawyer for the defense, it may
be said in passing, was a very able
and far-seeing man. There had been
no murder trial in Milledgeville in
many, many years, and the quiet,
God-fearing people were class who
would hesitate long time before
sending man to his death. He
knew this-he knew that capital pun
ishment was obnoxious to the average
citizen, when responsibility rested
with him-and he chose to play
desperate game. Many a man will
cry in the streets for hanging when
he will hesitate to vote for one in the
jury room. So the lawyer for the de-
fense insisted that it should be all or
nothing, relying on his ability to raise
a sufficient doubt to make it nothing.
That was the first sensation. The
defense in trial does not often insist
sss he extreme ! penalty, and the course
p,srs,,ed r.r II this instance created COM
The second sensation was even more
startling. AS the trial drew to close,
it was rumored that Abe Wenner, one
of the defendants, had broken down
and confessed.
"That settles it," was the opinion
generally expressed when this rumor
gained currency. They'll hang"
But the more conservative shook their
heads doubtfully and admitted they
would not like to send any man to
his death on the words of such a con-
scienceless liar as Abe Wenner. Still,
when Abe actually went on the wit
ness-stand and told the details of the
crime, it was admitted that there
seemed to be only one course for the
jury to pursue.
Have any inducements been offer
ed you to make this confession ?"
asked the lawyer for the defense.
None" replied the witness. But,
of course, a man who turns state evil
dence always expects to gain some
thing by it, even if no direct promise
is made, and Abe secretly hoped that
his course would save him from the
gallows."
The lawyer for the defense was
taken by surprise, but he was equal
to the emergency. He had insisted
from the beginning on the death pen
atty or nothing, and he still insisted
upon it.
eff you deem this man worthy of
belief" he said. in his closing argu-
ment, "you must hang them both.
The fact that he has betrayed friend
entities him to no consideration. AS
the representatives of this community
you cannot afford to compromise with
crime. If you do-no matter what
the excuse-you will be stencil in
the nostrils of your neighbors.
The third sensation came with the
verdict of the jury. Milledgeville
did not see how it could do otherwise
than find them both guilty. Abe
was a murderer and thief by his own
confession, and Jack Thornton had
been branded as one by his confed-
crate.
"They'1l hang 'em both" said the
people. "They can't do anything
else when fellow owns up to KILN /,
even if he is liar. They just got to
give 'em the limit, specially after
what the lawyer said"
But the jury returned verdict OF
"Not guilty :" and not only the town,
but the whole country was shocked.
Abe Wenner declared under oath that
he had helped to kill Enos Marley,
and the jury declared under oath that
he had not. Milledgeville was more
than distressed it was, in the words
of one of its distinguished citizens,
"Aabbergasted." Was such an afro
cious crime to go unpunished9
"You see," explained the foreman
of the jury, when criticised, 1--WE
couldn't hang Abe without hangiu'
Jack, an bad as Jack is, we didn't
feel like hangin' him on the word ol
such fellow as Abe, an again, we
couldn't hang Jack without hangin'
Abe, an it didn't seem right to hang
man that had owned up. Besides
which, the lawyers on both sides said
it was hangin' or nothin'. SO we didn't
feel like we could tamper with jus
tice by sending them to the peniten'
tiary."
"But your verdict, said the prose
cutting attorney, makes Abe out 9
liar"