Evening star. [volume] (Washington, D.C.) 1854-1972, 1905-10-17
lDE THINGS LIVELY HEARING POSTPONED
urance Inquiry in New Halt in the Investigation Of
York Enlivened TODAY Emma SmallWood's Death
CURDY ON THE STAND SECRECY OBSERV I'll
rs R. HUGHES mA0lsIfsAIE INSISTS oFoN EA
n ,ourua1 11rr pprs1nrnr cLUsIoN OF REPORTERS
49, roo,.-o. .au c.,
Aohiss'on-'o" Last Night III
Actuary. whlch onacas fartlc1pa'eo-
Halt in the Investigation Of
Emma SmallWood's Death.
SECRECY OBSERVED
MAGISTRATE INSISTS UPON EX-
CLUSIoN OF REPORTERS.
Attorneys for Defense Also Denied
Admission-Row Last Night in
Which Officials Participated.

postponement was ordered today in the
| coroner's investigation at Hyattsville of the
| circumstances attending the death of EN-
ma Smallwood. Winfield S. Hancock, the
man who is charged with being RESPONSE
BILE for her death, has been taken by the
officers to Upper Marlboro. where he is held
in the custody of the sheriff. Hancock is re-
ported to be in a highly nervous condition.
Detectives have been employed in the
case and the postponement today, it is said,
was for the purpose of giving them time to
gather information. A row occurred last
night over an attempt to exclude counsel for
the defense from participation in the hear
ing. The combatants included the mayor
of Hyattsville, his son. who is the attorney
mentioned. and a juryman. Blood was
drawn.
Everybody in Hyattsvile anxiously
awaited the renewal of the investigation
by the coroner of the circumstances at
tending the death of Emma Smallwood.
News of the events of last evening had
aroused public interest in great degree, and
when 1t was announced this morning that
the proceedings would continue to be OF
the star-chamber variety Magistrate Carr,
the coroner and members Of the jury were
besieged for admission by press representa-
tives from all sections of the country and
by residents of the town who were anxious
to attend the hearing, but all were denied.
The hearing took place in room on the
lower floor of the Masonic Temple, impro-
vised court room.
ITS a disgrace to the state of Maryland
to hold such hearing behind closed
DOORS" was the comment of a resident or
the town. I've lived in several states,
and it is the first time have ever heard
of an inquest being held behind closed
DOORS
Winfield Scott Hancock. who is charged
With responsibility for Emma Smallwood's
death, was not in Hyattsville this morn
ing. Constable Garrison who made the ar
rest and has had charge of the prisoner
since Saturday night, was also absent.
Hes gone to Marlboro with the pris-
oner" was the comment heard early In the
morning.
Defendants Attorney Excluded.
The order to exclude everybody except
the Jurors included even the attorneys for
the defendant, Mr.. James c. Rogers and
Mr. Robert w. Wells. The latter was
hand this morning, despite the exciting In
cidents of last night, and showed only
slight scar on his face as the result of the
two combats in which he had figured.
Counsel called upon Magistrate Carr and
made formal appeal that they be permit
ted to be present at the hearing. Not only
did they appear as the representatives of
the man under arrest, they said, but they
had been asked to see that Mrs. Hancock,
Mrs. Mackall, her daughter, and Miss
Cooke, her niece, were properly treated. A
request was also made that the family phy-
sician, DIR. Morse be permitted to be pres
ent, as 1t was feared the strain might prove
to be too severe upon the mother and sister
of the defendant and that professional serv-
ices might be in demand.
The appeals of the attorneys were in vain,
however, and when their request had been
denied they stated they would advise the
witnesses of their rights.
I'VE have our recourse later" was the
comment of counsel.
Juror WiSsman, whose face, 1t is said,
was disfigured last night, failed to appear
this morning at $3.50 o'clock, the hour ap-
pointed for the hearing to begin. His alb
sence, II was explained, was not the result
of the trouble last night, but was because
he was unable to leave his post as regis
tration officer in Bladensburg. States At
torney Magruder and the sheriff were also
absent, and, 1t was stated, they had gone to
Marlboro on business
1t was nearly noon when the eleven Jurors
finally got together and voted that re-
porters should be admitted. The jurors also
thought that the accused man should be in
attendance. Magistrate Carr had succeed
ed In getting into telephone communica-
ton with States Attorney Magruder and
Sheriff Middleton at Upper Marlboro, and
had been told that Constable Garrison had
instructions for him.
Detectives Called Into Case.
1t was about noon when the constable
reached Hyattsbille and told the magistrate
that 1t was the desire of the states attor-
ney that the hearing should be postponed
until further investigation could be made
The states attorney said that two de-
tectyes will be here from Baltimore this
afternoon" said the constable, and he
thought, they should be permitted to have
a little time to make an investigation and
present what evidence they might find"
This suggestion was made by the magis-
trate last Friday, but he had no funds at
his disposal 10 use for such purpose In
view of the turn taken in the investigate
the magistrate discharged the witnesses
and had the jurors meet at 2:30 o'clock for
instructions.
Under the circumstances 1t was inpos-
sible to hear any of the witnesses today
and no definite time has yet been fixed for
the hearing to occur. In view of what has
transpired in the case the magistrate thinks
II would be well to convene the grand Jury
and allow that body to pass upon the ques-
tion meanwhile abandoning the inquest.
This action may eventually be taken.
When Constable Garrison called upon
Magistrate Carr, after having sent Han
cock to Marlboro with the sheriff and his
deputy, he explained that his action in pro-
tectfng the prisoner had caused his tardi-
ness at the inquest this morning.
II was bound to protect the prisoner"
stated the constable.
And in that" the magistrate told him,
you were perfectly right, as that was your
first duty"
The constable explained that when he
went to the lookup last night he found
the prisoner in terribly excited condition
He said he had heard whisperings on the
outside of the little building. and felt that
effort would be made to take him out
before morning. Hancock he stated, told
him that he had heard something said
about burning him. and begged piteousiy
that he be removed to a place of safety
II could not turn q deaf ear to his ap-
peal" said the constable, "and took him
to Washington"
Regrets Postponement.
Constable Garrison said he was sorry
there had been a postponememt of the in
quest. as the case would have been In better
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