Montgomery County sentinel. [volume] (Rockville, Md.) 1855-1974, 1905-12-08
Deputy-sheriff Embrey Acquitted,

The trial Of Deputy. Sheriff William R
hmorey was begun in the Circuit Court
mere on Monday morning last before iurv
Oh ten taken from the list Of regular iurymeu
and two talesmen, and concluded the same
night about . o'clock with the return of
verdict OF not guilty, after retirement of
the jury of about fifteen minutes. The
prosecution was unable to offer any direct
testimony as there were no eye. witnesses to
the killing of james A. Whelan by Embrey.
The dying declaration of Whaen was ex.
cluded by the Court as evidence in the case,
he stated; 81 guess will not pull through.
am afraid not" After making this statement
ne consented to undergo an operation to ex-
tract the pistol ball The operation, how.
ever was not performed. The Court thought
from the declaration and his consent TO be
operated upon there was an inference of hope
oil recovery, and the declaration was not
within the law. Before concluding the rul.
ing the Court said off the Court errs at all
In this conclusion, it is on the side of mercy"
Neither did the collateral testimony of five
or six State witnesses contain any crimi-
mating circumstances.
Inc defense examined large number of
prominent citizens to substantate the pris-
oner's character as a law-abiding citizen,
alter the latter made his statement to the
Court and jury, which was not shaken by
the rigid cross examination by the States
Attorney, and in substance is as follows:
He boarded the car running from George.
town to Cabin John Bridge at Rock Spring
about 10 O'Clock the night OF the shooting.
Whalen was on the same car. They got off
together at the bridge. Whalen asked him
to help TO wake the proprietor of Cabin John
Hotel, applying an ugly eplthet to the pro.
prietor at the time. He refused to do so,
aud begged Whalen to go home with him.
Both started. Whalen got angry and began
to curse vehemently. Embrey left him.
Whalen stopped and walked along with
three negro men going the same direction
to their homes on the Seven Locks Road.
Whalen continued with them until their
homes were reached, and then began to
run after Embrey, whom he overlook a
short distance further up the road. Whalen
threw off his coats and vest and swOre he
would take Embrey's hearts blood. He
seized Embrey's throat with his right hand.
Embrey drew his revolver from his right
hand overcoat pocket. He held the pistol
in front of Whalen and said, Jimmy, you
cannot beat me; you must not beat me-
am too old man for you to beat. | will
shoot you, Whalen replied, pump it into
me, you - of a b. and gave Embrey
a jerk and fall upon his knees. The pistol
snapped and Whalen fell. Whalen said,
you have done me. Embrey said | am
afraid l have, Jimmy, and stopped over
Whalen and smothered with his hand his
blazing shirt. Embrey at once secured a
neighboring team and carried Whalen to
the car, which took him to the Georgetown
University Hospital. He concluded his evil
dence by saying that Whalen was very
much under the influence of liquor.
The post norton examination was made
by Drs. Glazebrooke, assistant coroner OF
the District of Columbia, and Geo. Lewis,
Of this town. They stated in the examna-
ton that the ball entered the body just be.
low the seventh rib, several inches to the
left of the centre Of the body, passed through
the intestines and lodged under the skin Of
the back above the hip bone, where 1t was
taken from intact, indicating that 1t came in
contact with no hard substance in its pas
sage through the body. That the cause Of
death was hemorrhago produced by the
punoture of the bowels. The deceased was
described as a man six feet tall in his stock
ings, weighing about 200 pounds and OF per-
feet muscular development.
When the jury returned to the box, the
Court admonished the audience to hear the
verdict with quiet, and it was received with
out demonstration. Embrey upon his lib.
Grafton shook the hand of each jurymsn
and thanked him and returned to his home
in the night.
Mr.. r. b. Peter represented the State and
Messrs E. G. Peter and j. Dawson Will
liams the prisoner. This was the latter's
maiden effort iG Court, having recently
graduated His skIlful defense of the pris.
oner in his speech gave promise of bright
future in his chosen profession.
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