Evening star. [volume] (Washington, D.C.) 1854-1972, 1905-10-24
PRISONERS OTCALLED
Hearing in Smanwood Case
at HyattsVille.
THE INQUEST RESUMED
INTEREST OF RESIDENTS STILL
UNDATED.
Star Chamber Proceedings Continued
Statement by Attorneys on
the Subject.

Smallwood and the further Imprisonment Of
Winfield Scott Hancock felt somewhat re-
Heved this morning when they appeared
at Hyattsville and wendell their way to
the Masonic Temple to take additional tes-
tfmony In the case. While the crime Is
not alleged to have been committed at
Hyattsville, the residents of the town were
deeply interested in the outcome and a num-
Der of them gathered about the temple
eager to gain admission. Their anxiety
| was largely due to their desires to hear
what the witnesses would tell. Last night
and early this morning the affair was dis
cussed about the street corners at Hyatts-
vile everybody wanting to know If Han
cock would be permitted to be present at
the hearing. Magistrate Carr answered the
question by saying he would have Hancock
and the colored prisoner, Joshua Braxton,
before the jury. The result was that many
persons were out early this morning to
| get a glimpse of Hancock upon his arrival
| from the county seat. The prisoners did
not appear in Hyattsville this morning.
however, and 1t was agreed that they
would not be called. Mr.. Hampton Magru-
der, states attorney for Prince George
| county, reached Hyattsville about 10
o'clock. He had conferred with Judge Mer-
rick in the case and promptly announced
to Magistrate Carr that the hearing would
continue in the nature Of star chamber pro-
ceedings.
There must be some reason for this
business" was the comment of James B.
Williams, cousin of the dead woman.
Witnesses Summoned.
summons sent out last night by Magis-
trate Carr commanded the witnesses to
appear this morning and give testimony
| in the case of the state against Winfield
Scott Hancock, but, as already stated. the
hearing was held in the absence of the de-
hn lQ6
what was said against him by his accus-
ers. Shortly after reaching Hyattsville the
states attorney conferred with Attorneys
Robert w. Wells and James G. Rogers,
counsel for the prisoners. He told them
| that he would not call Mrs. Amanda Mac
kali, sister of young Hancock. to give fur
| Their testimony, although there had been
| a change made in the jury, new juror
having been substituted for one who had
become i'll.
Mrs Hancock. mother of the young man.
was not in attendance this morning, but
Miss May Cooke, his cousin, was not ex-
cused. She was told to remain and appear
before the jury, although she knows moth
! ing about the case, having returned to Col.
Hancocks house the day after the death
of Miss Smallwood Reporters and others
who were denied the privilege of attending
| the hearing. remained on the road in front
OF Masonic Temple. Seated on pile Of
lumber near the building was George w.
Smallwood, father OF the deceased; his son
| Archibald Smallwood. and James B. VIII
liams, his nephew. Detectives Hagan and
Burns. who had come over from Baltimore
this morning. and Constable Garrison, were
permitted to enter the sacred precinct Of
the little room Of the temple and hear
! what was told by the witnesses: ~ 8
Statement Of Attorneys.
The attorneys for the prisoners withdrew
| from the vicinity of the temple after their
| conference with the states attorney, and
| made a statement of their position to a
Star reporter. as follows:
THE states attorney declined to consent
| to our being present, and inasmuch as it
was agreed, after consultation with him.
! that Mr.. Hancock and Braxton, the colored
man on the Hancock place, would not be
| called to testify. and would not be pres
| ent, we took no steps to force an open ses-
| sion. 1t was also agreed by the state that
| Mrs. Mackall, Mr.. Hancock's sister, who
| has been outrageously slandered in connec-
| ton with this unfortunate affair. would not
be called upon to make any further state
| ment. This Is all We have to say for the
present. ..'
The Paint Branch Baby.
While there Is no possible way to de-
! termine the identity of the body of the
infant taken from Paint branch Sunday.
as stated in yesterdays Star, there are
many persons who feel confident that it
is the result of the crime committed upon
Miss Smallwood. 1t is possible that the
little corpse foated some distance down
the branch and stopped In q small pool
a short distance from the bridge Of the
electric road. but those who were about
the scene Sunday expressed the belief
that the body had been deposited in the
water near where 1t was found Some
suggested that the person who disposed
of the gruesome package in the branch
may have reached there on an electric
car, leaving the ear at Lakeland or Col
lege. The clearness Of the water enabled
| the two boys to see the small body, and
they went to the house of a neighbor and
| told Of what they found. The towel in
which the body had evidently been
| wrapped found about fifteen or
twenty feet from the body. Tt is an ordi-
nary cheap article, with red threads near
either end.
There is no mark of any kind upon
It, nor anything by which it could be iden-
titled When Constable Garrison and Star
reporter reached the home of John Samp-
son, colored, where the body was inferred.
| they learned that the body had been inter-
red by direction of Magistrates Burch and
Manufacturing They had the colored man
bury the corpse under the directions Of
Magistrate Kicks. Magistrate Garrison,
opened the grave yesterday afternoon and
made an investigation of the corpse and
towel He was very much surprised when
he learned that the body had been found
and buried without his having been no.
titled when there was e. possibility of Its
assisting him In solving the Smallwood
case After he had made examination
of the contents of the grave he returned the
corpse to the grave and went back to
Hyattsville. }sL :. a...
The grave is near the chicken house and
hog pen in rear of the house of the occu-
I pant of the premises and is beside that Of
q deceased member of the Sampson family.
Magistrate Vanvalkenburg, who stood be-
side the little grave while the magistrate
uncovered the box and made his investiga-
ton, said that when the body was found 1t
was in fairly good condition and he thought
1t was hardly decomposed enough to have
been in the water since the affair near
Hyattsville occurred.
1--WE discussed the case" he stated. land
reached the conclusion that If the childs
body had been found week earlier we
would have thought 1t was part of the EVIL
dence in Miss Smallwood's case.
And" he added. its stiii possible~th
it is the result of what was done in that
case. We thought we would have the body
and towel buried together SO that they
could be obtained any time they were want
ed"
First Witness Examined.