Evening star. [volume] (Washington, D.C.) 1854-1972, 1905-12-05
JURY ACQUITS EMBREY
NOT GUILTY OF MURDER OF JAS.
A. WHALEN AT CABIN JOHN.


Special Correspondence Of The Star.
ROCKVILLE Md, December j. 1856
The jury in the case against Deputy
Sheriff William r. E,nbrey, indicted for the
murder of James A. Whalen at 8 o'clock
last evening returned a verdict acqutting
him of the charge. The jury was out only
about ten minutes. The verdict was no sur
prise to those who heard the evidence, the
general opinion being that the defense had
established its contention that the shooting
was done in seif-defense. The ruling out
7 of the alleged dying statement of Whalen
completely knocked the props from under
the states case. In his closing argument
TO the jury. States Attorney Peter con-
ceaed that verdict of murder could not
be found under the evidence, bat asked for
a verdict of manslaughter.
Embrey, who is one of the best-known
residents of the county, was kept busy for
some time after the verdict was announced
receiving the congratulations of his friends
and acquaintances. While about 100 wit
nesse5 had been summoned to testify in
the case. probably not more than one-third
of that number were called TO the stand.
1t was thought the trial would consume
several days, but upon the conclusion of
the testimony late yesterday afternoon it
was decided to hold night session. in the
hope of giving the case to tie jury the
same day. The arguments consumed not
more than two hours. States Attorney
Peter opened and closed for the tate and
Mr.. ], Dawson Williams made tie open ng
address, and Mr.. Edward G. Peter tire os-
ing plea for Ernbrey. The court room wss
crowded all day. especially during the ar
guments TO the jury in the evening.
Dying Statement Rejected.
After The Stars report closed yesterday
afternoon the state. in the trial of William
r. Embrey for the murder of James A.
Whalen, endeavored TO introduce as evil
dence the dying statement Of the deceased.
Several persons who were present when the
declaration was made were placed on the
stand to prove that Whalen, when he made
the statement, was aware that he must
die, but the testimony. along this line was
not satisfactory to Judge Henderson and
he ruled the statement nadmissible.
Whalen is understood to have denied that
he assaulted Embrey, declared that Embrey
was under the influence of liquor and that
when the shot was fired he (Whalen) was
standing talking with Embrey with his
hands by his side.
A number of witnesses were placed on the
stand by the defense to show that Whalen
had been drinking the evening of the tras
edy. 1t was shown by several colored per-
sons that Whalen pursued Embrey up the
road after he left Cabin John bridge on
his way home, and that as he was follow
ing him along the road he was cursing and
threatening him.
Embrey's Testimony.
Embrey took the stand and testified in
his own behalf. After describing his move
ments early the evening of the shooting,
he told of his leaving the car at Cabin
John bridge with Whalen, the two walking
across the bridge together Upon reaching
Cabin John Hotel, he declared, Whalen sug-
gested that they go into the hotel. but TO
this Embrey dissented because the estab-
lishment was closed for the night AMI every
body about the place had apparently re-
tired. This made Whalen very angry and
he began cursing Embrey and accusing
him of going hack on him.
Fearing trouble. Embrey started off in
the direction of his home, walking rapidly
the road some distance. he said he heard
Whalen approaching, the latter cursing and
threatening as he hurried along the road
Embrey testified that he ran in an effort
to reach his home before being oyertaken
but that Whaien caught up with him. VIVA
len continued his abuse, according to the
witness, and pulling off his coat and vest
attacked the witness viciously. Embrey
declared Whalen acted like maniac, and
that after pleading with him to desist, he
was finally forced to draw his revolver and
lire, Whalen at the time having him by
the throat. Embrey declared that the only
reason he fred was that he was afraid
for his own life. Embrey was put through
rigid cross-examination by States Attor-
hey Peter, put his story was not shaken.
After the prisoner left the stand ex-
Sheriff Horton G. Thompson, Justice of the
Peace Joseph Reading, Ninian NJ Perry,
John j.. Stearn and number of others all
reputable citizens. testified to the good
character of the defendant