The midland journal. (Rising Sun, Md.) 1885-1947, 1905-01-13
NOT GUILTY.
John Holland Acquitted of the
Murder of Albert Constable.
FINAL ADJOURNMENT OF COURT.

John Holland, colored, who was
indicted for the murder of Albert
Constable, Esq, of Elkton, on the
night of August Is last, and who
had been on trial before the judges
of the Circuit Court for Cecil
County since January 4, during
which time numerous witness were
examined and volumes of tes-
timony taken, was declared not
guilty at session Of the Court on
Wednesday evening.
Argument of the case was start
ed Wednesday morning and lasted
throughout the day. Former
States Attorney W. s. Evans
opened for the State and was fol-
lowed by States Attorney J.. Will
son Squier. Senator Henry M.
Mccullough opened for the defense
and was followed by L. Marshall
Haines. Senator Austin L.
Crothers made the closing argu-
ment for the prosecution, which
the court styled as able and ingen-
ious. The court in announcing its
decision, which was delivered by
Chief Judge James Alfred Pearce,
spoke of the Importance of the case,
both to the prisoner and the com
munity. The court in part said
1t was clearly established that the motive was
robbery, but who was the party behind the
motive? The party, whoever he was. took Mr..
Constable's money and watch. Two persons pre-
sent themselves as possible perpetrators of the
crime, one the prisoner. the other an unknown
person, whose name is unknown and his descrip-
tions conflicting, but whose presence in the
neighborhood of the scene of the crime is as well
established as any other fact in the case. The
inquiry made in the case could not have been
too rigid, and the expense incurred could not
have been too great, and those conducting it
deserve the gratitude of the people.
Where do we find the proof OF robbery as mo-
tive on the part of the prisoner? 1t had been
held that because Holland owed Busby triiing
sum he had the motive. Busby's demand for the
money or the wagon was conveyed to Hollands
wife by Mrs. Busby on the day of the shooting
and was not conveyed to Holland until after
coming home from Frenchtown in the evening.
The theory of the State was that the whole fam
lily were involved In the crime 1t was also held
that the design to rob Mr.. Constable was con-
ceived several weeks before Not scintilla of
proof has been adduced to establish this, and the
theory therefore, thus becomes mere speculation
and vanishes into thin air.
The other person is shown to have been
stranger, probably a tramp. In the choice be-
tween the two there was nothing to warrant the
court in pronouncing the guilt upon the prisoner
The vice in the States argument was relying
upon contradictions of 1.-The prisoner for his i'm
peachment and for proving facts at the same
time, which is contrary to the rules of evidence.
After reviewing the salient features of the case
the court said that with their oath binding them
as solemnly as that of jurors they could not say
in the presence OF Almighty God, and under the
law. according to the evidence, that the prisoner
was guilty 1t would be source of satisfaction
to the community to know that it was not merely
a verdict of not proven, but one absolutely of not
guilty. Who was guilty is known to the muir
derer and to the Seareher of All Hearts, and
probably only to Him would it ever be known.
The court directed the clerk to
enter q VerdlcU OF not guilty, which
was accordingly done.
A verdict of not guilty was
entered against Hops who had
been indicted for the murder of
Albert Constable.
The case of John Cranston
charged with carrying concealed
weapons, was tried before jury
on Thursday morning, and a ver-
dict of guilty being found, he wa,
sentenced to the House of Correc-
tion for term of three months.
This being the last case brought
up, court finally adjourned on
Thursday.