Evening star. [volume] (Washington, D.C.) 1854-1972, 1905-10-25
ARRANGEMENTS for Bail,

Shortly after the verdict was returned
yesterday afternoon Attorney James c.
Rogers, of counsel for the Hancocks, called
upon the states attorney, Magistrate Carr
and others and arranged to have Mrs.
Mackall appear when wanted. 1t was
agreed that she should appear in court at
Upper Marlboro Friday morning and fur
nish bond. 1t was stated that the court
will be asked to fix the amount at 5000,
and that this amount shall also be asked
for Winfield S. Hancock.
Some of the jurors favored the holding
of Joshua Braxton the colored man who
was also placed under arrest several days
ago, and his name was written in the YER
dict 1t was finally determined, however,
that as the state can hold him wit
ness the jurors would not include him a
defendant. His name was thereupon erased
from the verdict. and the court will prob
ably be asked to hold him in the sum of
$500 security to appear as witness at the
April term of the court.
The holding of Winfield S Hancock and
Mrs. Mackall for the action of the grand
jury caused a surprise to most of the peo-
pie who have followed the investigation
There was no new evidence introduced at
the hearing yesterday.
Despite the fact that every effort was
made to keep the facts from the public
enough was learned by Star reporter to
give an idea of how the result was reached
Winfield Scott Hancock had given his tes-
timony in the case and Mrs. Mackall had
made statements to some of the jurors. 1t
was the contention of the brother and sis
ter that Miss Smallwood left Collingswood
in good health Monday prior to her death
and that she returned in a dying condition
Thursday night. There was not one word
of evidence offered, 1t Is alleged, to dispute
what they stated, nor was there any testi-
mony to show where or by whom the
operation was performed.
At the hearing yesterday the states at
torney Informed the jury that Mrs. Mack
all refused to give testimony before them
and her refusal had its effect upon some Of
the jurors. The testimony of DIR. Guy w
Latimer, indicating that Emma Small
woods death had probably occurred hours
before the time her relatives were notified
was also seriously considered by the jurors
In this connection they also gave weight to
the testimony OF Mrs Alice Williams, and
the colored woman, Jane Williams, who
went to Collingswood the Thursday night
in question. They stated that 1t was not
necessary for them to be shown to the
room on the top floor of the house, where
the body rested upon the bed, as the odor
was enough to attract them there.
Constable Garrison's Testimony.
Constable Garrison related to the coroner
and jury what he had found during his in
vestigation of the case. He repeated state
ments alleged to have been mode by Han
cock. and told of his having interviewed
Joshua Braxton. The colored man, he
stated. denied all knowledge OF the crime
and said he not witness to the opera
ton, as had been claimed. Some importance
had been attached to the report that Han
cock had asked Hayes Williams colored
if he (Williams) would stick to him. This
fell fiat when Hayes informed the jurors
that the Sticking was part of political
compact.
Attorney Robert w. Wells reached MARI
boro soon after the jury had concluded the
case, and informed Hancock of the result
The latter did not seem to be much sur
prised. as he had felt that he would prob
ably be charged with completely in the case
A number of letters taken from the room
in which Miss Smallwood died were exhib-
tied to the jurors by Juror Vincent. but
nothing was found in them which would In
any way assist the jury in reaching a con-
clusfon. There were no blood-stained gar
ments or bedding introduced during the
hearing yesterday, and Dr. Latimer stated
that he had not yet found any blood marks
CollinSswood is now deserted the mem
bers of the family having moved to the
city for the winter. George w. SmalIWood
father of the deceased girl, was in Hyatts-
Vile yesterday. and remained until the YER
dict was reported. He left there last night
and, 1t Is stated. returned to his place of
employment at Bluemont, Va, today