The midland journal., 1905-03-31


charged with the murder of Albert
Constable, Sr., near Elkton, on
August 1S of last year began on
Monday.
The morning session was taken
up entirely with the question of the
legality of bringing Shippers from
the Maryland Penitentiary on a
writ of habeas corpus, but after
Judge Pearce had declared that the
trial was in order considerable pro-
gress was made. Jurors were
chosen in a little over an hour, and
half a dozen or more witnesses for
the prosecution were examined.
Among them John Holland, the
negro who was tried for this same
murder and acquitted.
Shippers was represented by John
Strahorn and Clayland g. Null
ken. The prosecution was con-
Quoted by Attorney general VIM.
Sheppard Bryan, of Balto., States
Attorney s. j. Owens, of Caroline
county, j. Wilson Squier, States
Attorney of Cecil county and Al.
bert Constable, Jr.
Mr.. John s. Strahorn, of Sim
pers' counsel, began the trial, NOV
ing that the writ by which the
prisoner had been brought to Elk
ton should be quashed. Attorney
general Bryan replied, stating that
in Maryland there was no statute
which insures immunity to a prison
er in the penitentiary for another
felony.
After a lengthy argument by the
counsel of both sides Judges Pearce,
Martin and Brown decided that
Shippers could be tried. The fact
that the statutes provide for pris-
oner beginning second sentence
at the end of the first the Court
took to indicate that it was the
theory of the law that a convict in
prison might be brought forth for
trial before his term expired.
Shippers pleaded not guilty and
the following jury was chosen be-
fore which to try him, but two
talesmen out of the 102 summoned,
being required in addition to the
regular panel: John F. Tarbutton,
Jean J. Fulton, Elmer Mayberry,
George T. Peterson, George Der
rickson, William Bloomer, George
J. Biddle, James R. Kirk, Milton
IS. Sentman, Daniel T. Arbuckle,
Levi R. Atkinson and David A.
Mackey. The prisoner is in the
custody of Warden Weyler of the
Maryland penitentiary and is taken
back and forth from Baltimore to
Elkton by train each day of the
trial.
Among the witnesses against
Shippers is Harry W.. Harris, who
is serving sentence in the same
prison on the charge of killing his
wife. He was taken to Elkton, it
being alleged that Shippers made
his first confession to him in prison.
The session of the court Tuesday
continued until 1870 o'clock at
night. Harry W. Harris, the
Penitentiary prisoner, took the
stand and testified that Shippers
had told him that he killed Mr..
Constable Albert Constable, son
of the murdered lawyer, also testi-
fed that Shippers had made a de-
tailed confession to him. Warden
Weyler, Marshal Farnan, Deputy
Marshall Manning, Deputy Warden
Riggin and John Swikert, Jr., clerk
to Marshal Farnan, testified to
Shippers confessing in their pres
ence. During all this testimony
the jury was excluded from the
courtroom on motion of the defense,
as the evidence was being adduced
for the purpose of determining
whether or not the verbal and
written confessions could be
brought before the jury.
Harris was the first witness put
on the stand Tuesday morning and
was kept there two hours and a
quarter. Warden Weyler testified
that the confession made by Sim
pers was entirely voluntary.
Marshal Farnan, Deputy Mar
shal Manning and John Swik-
ert, Junior, testified to going
to the Penitentiary on February z,
when they heard the confession
read to Shippers, who, in their
presence, said it was correct and
voluntary.
The confession made by Shippers
that he killed Albert Constable,
Sr., was admitted on Wednesday
morning as part of the record in