The midland journal. (Rising Sun, Md.) 1885-1947, 1904-09-23
Chief Judge Pearce, in his charge
to the grand jury, said in part:


You will have before you two cases which give
alarming proof of the insecurity of life in youl
midst One of these is the brutal and nearly fata
assault by passing stranger upon an aged cit
zen, Robert Gardner, when engaged in work
upon his own premises, in broad daylight. neal
the town of Port Deposit. Fortunately this man
has been identified and apprehended. and he
cannot, therefore, escape punishment. Tne other
one of the most shocking crimes ever committed
in this State, is the cruel and cowardly murder Of
the late Albert Constable, one of the most useful
and honored citizens of the State, shot down by q
robber while taking his accustomed daily walk
upon peaceful public highway within sight oi
his own home. We don't know what evidence
you will have OF the guilty party or parties, but
it is certain you will have all which it is in the
power of the State to furnish. This horrid crime
cries to Heaven for the vengeance of Heaven and
too for the protection of life through the infic-
tion upon the criminal Of the penalty of human
law. But if you are unable for want of legal
evidence to fix this crime upon any person, its
punishment must be left to Heaven, whose
judgments are as unerring as they are dreadful
and eternal.
The entire morning was taken up
in going over the docket, which is
quite lengthy, and the present term
promises to be one of the longest
ever held in Cecil county.
On Tuesday the Court took up
the .case of Caulk & Stewart VS..
Davis, growing out of a claim
based on a wheat crop raised by
the latter Clayton for appellant;
o. D. Crothers and W. T. War
burton for appellee. Held sub
curia.
The next case called was that of
Morrow, administrator of the late
Benjamin G. Pearce, vice John s.
Writ, deceased, VS.. the Fidelity
and Deposit Company, of Balti
more. The suit grew out of the
liability of the late John s. Writ,
administrator of Benjamin @.
Pearce, with the defendant com
pany as surety on his bond. Coun-
sci for the defendant argued that
Morrow had no standing in court
and was not competent suitor as it
was admitted that the estate of the
testator had been wasted during
the life time of the administrator.
Counsel for the plaintiff argued
that the testator had left his prop
erty to his widow with remainder
to his children, and that his estate
had not been closed and the Fidel-
ity Company was bound up to the
final settlement. The Court sus-
tanned the demurrer of the defend
ant. The case now goes to the
Court of Appeals.
Twenty-three attachment suits
brought in the name of Messick VS..
the Peoples National Bank of Mid
dletown were struck off the docket.
The grand jury returned a true
bill against Samuel Clark for dead
ly assault upon Robert Gardner.
The case of State VS.. r. Delbert
Aiken, for assault and mayhem
upon Frank j. Henry, of Elkton,
on May 26, 1908, at the Howard
House in that town was taken up
Wednesday morning. States At
torney j.. Wilson Squier and w.
T. Warburton for State; Austin
L. Crothers and Omar d. Crothers
for defendant. The case was tried
before a jury and occupied the
Cnurt the antire dav