The Baltimore County union. [volume] (Towsontown, Md.) 1865-1909, 1904-02-06

ges az Variance With the Facts.-At the
messing on Tuesday night Of the Highland
t0Mn and Vicinity improvement Association
the following resolutions we're adopted:
/ RESOLVED, That this association most hearth
! ~ condemns the recent action of the jury at
Lne h9Wson court in dismissing the case against
enc Louis =. Smith, on the protest Of mem
Ders OF this association, that the said Smith
was selling liquors under license not issued
10 nls name; and. be it further
| 1esotDeu, That we. the members 81 the
Hlgnlandtown and Vicinity improvement AS
! s0clailop, do feel that the decision of Judge N.
/ - not 10 accordance with the intent and spirit
1 of the law,
! An officer of the association. in discussing
! the resolutions after the meeting, said:
are not organized to fight saloons, but
II is part of our plan to root out several resorts
OF Questionable character that are infesting
orr ,neighborhO0d and to prevent others OF
similar nature from locating here. In this
| particular case the saloOnkeeper had been re-
FUSED license in his own name, but another
party got one out for Eastern avenue extern
ded, under which the original proprietor pro-
ceded to sell, as he testified in court, as the
agent Of the man to whom the license was
issued
I'm spite of evidence from members of the
association who had purchased liquor with
the name Of the original proprietor printed on
the bottle labels the jury decided against our
protest. Judge Burke instructed the jury that
as the license had been issued the question Of
its legality could not be considered. This, we
claim, is contrary to the expressed provision Of
the law in which it is stated that applications
for licenses must designate the house in which
1t is proposed to conduct the business.
I'VE believe that the judge would have acted
more In accordance with the spirit OF the law
had be revoked the license then and there, in
stead Of having charged the jury as he did"
WHAT Elk STATES ATTORNEY GRAsoN fAYs.
Speaking of the above matter ex-State's At
tofney John Grason said on Wednesday
II was present at the trial of the case of the
State VI. Louis e. Smith, indicted for the sale
of liquor without license and characterize the
resaIHfions passed by the Highlandtown I'M
pr0veinent Association as an act of gross in
justice oSJudge Burke, who presided at the
triah Smith was indicted for the sale OF beer
without license. His defense was that be
was acting as agent for Chris Och, to whom
license had been issued by the Clerk. When
this license was offered in evidence by the de-
PENDANT the private counsel of the improve
ment association, who had been permitted by
the court to assist the State, asked to have the
license excluded from the consideration OF the
jury upon the ground that the application
therefore did nd comply with the require
ments of the law regulating the granting of
licenses in Baltimore county
@Jndge Burke oterruled the objection, stat
ing that no objections having been filed to the
granting of the license after due publication. il
became the duty Of the Clerk to issue the
same, and that after the State had issued
license authorizing the sale of liquor and had
received the money therefor 1t would be mon
strous for the State thereafter to indict and
punish the applicant for sale without license
He further stated that had the objection been
made before the granting of the license the
same would not have been issued until the
question bad been heard and determined.
Judge Burke did not sanction what the reso
luton calls blanket licenses but intimated
that such licenses would not receive the APP
proval of the court. To any sound mind at all
acquainted with the provisions of the law it is
difficult 10 see how his ruling coul be ques-
toned.
s.Fhe sole question left to the jury to pass
upon, as stated by Judge Burke, was whether
or not Smith acted as bona-fide agent of
Scholr. This was a question of fact and the
jury found Smith so acted.
THE iudges in this State do not charge the
Jury in criminal cases. Should they do so the
charge is not binding, as the jury in such cases
are Judges of both law and fact. The judge
passes upon the question Of evidence only"
A Thirteen-Year-Old Boy Convicted Of
.sManslaughter.' $50 Guilty of manslaughter'
was the verdict Of Judge Burke on Tuesday
morning last in the case of Andrew Johnson,
aged IS years, who was tried before the court
the day previous, upon the charge of shooting
his schoomate, Emory Mumma, in Novem-
Der last, infiicting wound that caused bis
death few days later. The boy was in the
court room with his father when the verdict
was rendered and many spectators were
present.
In announcing his decision Judge Burke
spoke of the carelessness of young johnson
and the danger of parents allowing children to
carry firearms. de sad
After careful examination of the testi-
mouy in the case / find that there was no
malice and no criminal intention on the part
of the accused in the shooting of young Num-
ma. While the testimony showed that there
had been childish quarrel the evening before, |
vet the quarrel was not of such nature as to
show that it inspired such malice as would
lead 30 childish mind to perpetrate killing.
II believe that the murder was the result of
-lseadlessnaaa- naraaaaneaa tlsa Tast Of
the boy, and demonstrates the danger of
parents intrusting children with firearms.
81 would be glad to hold young johnson
such verdict in the law. ! find him not
guilty of murder but guilty Of manslaughter,
and remand him to the care of his father until
Idecde what further steps shall be taken"
The verdict was received without any DEM
onstration on the part of those present and
shortly after the Judge had concluded young
johnson left in company with his father for
his home.
Ii was the aim of the State in the evidence
given by its witnesses at the trial to show that
Johnson was Jealous of Mumma's attentions
to Miss Beulah Taylor, young girl who was
a schoolmate of the two and that Johnson
deliberately sought out Mumma, after having
publicly threatened to "fix' him. The defense
offered no witnesses at all. Miss Taylor, who
is about IA years old, was present in court but
was not put on the stand.
John Mumma, brother of the dead boy
was with him at the time he was shot, He
said that young Johnson had walked home
with them from school, and was carrying
several birds he asked John Mumma to give
him leave to shoot at him. John Mumma re-
fused and then said the same question was
asked Emory who, thinking it joke, said
Eyes" johnson fred, and Emory fell, shot
through the back.
M George w. Mumma, father of the dead
boy. who is manager of the Hoen farm at the
head of Dulany's Valley, later went to the
johnson home, and said young Johnson adj
mitted the shooting, but declared that John
Mumma had pulled the trigger. Guy Brian,
Harvey Blake, John Warfel and Armour
Street, all testified that on the Friday preced-
ing the shooting they had heard the Johnson
and Mumma boys quarreling near Wilson's
Church hall at Unionville, in which an oyster
supper was being held, and had also heard
young johnson say afterward that he was
going to "fx" Mumma the first chance heg got.
Young johnson is son of Mr.. Charles B.
Johnson, farmer near Knoebel postofhce.
Mr.. Frank l. Duncan was his counsel States
Attorney Bussey conducted the prosecution.
Work of the Orphans Court--In the
Orphans Court this week letters were granted
as follows:
Morton to Franklin ]. Morton and George r.
Willis, executors.
On the personal estate of Augusta P. D.
Watkins to Frank d. Watkins, executor.
On the personal estate of Henry Yeatman to
the the Safe Deposit and Trust Company, ex-
ecutof
on The personal estate of Maria Eva Wolfto
Blasias Wolf, administrator.
On the personal estate Of Sophia X. Knox
to Julius w. Knox. administrator.
The will of Miss ParmeIia A. Morton, which
was admitted to probate on Tuesday, gives to
her sister, Priscilla B. Morton, all of the tesla
trix's intereet in Bellevue, on the Hillen road,
with ALI of the live stock. carriages farming
| implements and farm produce thereon all OF
| the furniture, paintings, statuary, musical in
struments, books and furniture of every de-
scrption in the dwelling. All the rest of her
| property she gives to such persons as would
under thelaws of Maryland inherit real estate
| from the testatrix. franklin j. Morton,
brother of the testatrix; John E. Morton,
cousin, and Harvey Coale are named as execu-
| tors, but by codicil executed in May. 1908,
| the appointment of John e. Morton and HaI-
rod and