Evening star. [volume] (Washington, D.C.) 1854-1972, 1907-04-11
WINEBARGERS TRIAL
JURY IN MANsLAUGHTER CASE
NOW OUT.

UPPER MARLBORO, April 1.-THE jury
in the Winebarger mansiaughter case IL
out at 2:30 clock this afternoon. There
are various reports that 1t stands nine. ten
and eleven to one for acouital, and aAyer-
dict is expected at any moment. A crowd
ed court room heard the arguments OF
counsel this morning. States Attorney
Magruder opened for the state and claimed
that he bad made out q clear case OF I'M
justifiable homicide He was followed by
George B. Merricks. Robert w. Wells and
William r. Lovill for the accused. All
these argued that Winebarger killed Gosney
in self defense.
When court reconvened here yesterday
afternoon to resume the trial OF william
F. Winebarger. indicted for manslaughter
in causing the death Of Frederick Gosney
at Browns saloon. near Fort Washington,
January % last The state called Corporal
Newton Allen to the stand. He testified
that he saw Winebarger with q pistol In
his hand: that after shooting Gosney he
ran away and returned to the fort the next
day. witness said. There had been no quar-
rel before the shooting
Private Thompson testified that Gosney
was intoxicated Witness tried to get him
to go to the fort but he declined, and he
(Thompson) started for the fort by himself
When about 100 yards away he heard the
SnOtS ana TuSneQ Dack.
Private Haynes testified that Winebarger
was standing with his back to the stove;
that some words passed between the ac-
cused and Gosney in reference to the for
mer's whistling. He saw Gosney draw back
with his right fist. and heard the shots and
saw Gosney fall into Corporal Aliens arms
The powder from the pistol shots burned
Gosney's blouse The shooting occurred be-
tween and o o'clock. and Gosney died at
II o'clock the same night The testimony
OF Private Okie Barnes and John Barker
was substantially the same as that of the
preceding witnesses. At the conclusion OF
the latter's testimony the state announced
that Its case was closed. t:-+ Hr
Testimony for Defense.
Private Barker was then summoned by
the defense. The question as to who took
the pistol with which Carney was shot to
the saloon was ruled out. Witness declared
that Gosney got into a good many fights
when under the influence of liquor and that
Winebarger bore a good reputation. Pri-
vate Spiney testified that when drinking
Gosney was a little fussy.'' Miss Julia
Fuller, about nineteen years OF age, said
she lived in Virginia. She had been visit
Ing her aunt. Mrs. Brown. and had known
Wtnebarger for about five months. He had
been frequent visitor to her aunts home.
The night of the homicide quite party
was upstairs singing and having a good
was constantly frowning at Winebarger,
who appeared to be in very good humor.
The men went down stairs and she heard
two shots. The accused came up stairs for
his hat and coat. and in answer to a Ques-
ton as to what he had DONE Winebarger
said: Hush. Mrs. Brown. don't do like
that" Witness said there had been no
quarrel between the men prior to the shoot
ing.
At this point several witnesses were called
to testify as to the good character of Wine
barger, but the state admitted that his rep
utation was all right
Defendant on the Stand.
The accused was next called to the stand.
He declared that on the night Of the shoot
ing he had been told that Gosney had q
dirk knife. and that on account Of pre-
vious difficulty he had had with him he was
afraid of him. He had also heard that
Gosney was a dangerous kind of fellow.
Witness related an experience he had had
with Gosney while in company with Pri-
yate Templeton Christmas eve last. The
three were at Browns saloon and Gosney
became very abusive and witness and
Templeton left and went to Griffin's saloon
Gosney followed them and during a discus
sion that followed at Grifin's Gosney
pushed both witness and Templeton out Of
the door. Gosney said to witness: Take this
man (meaning Templeton) away, or l will
XIII both OF you" The evening of the
Mrs. Brown at the wharf. but found she
had not gone to the city. He returned to
the saloon and there met Gosney and sew
Brown and Miss Fuller were singing with
the men upstairs. Witness saw a pistol in
Private Barker's pocket and as he said he
intended to get a drink he Winebarger)
took the revolver out OF his pocket. Bar
ker and the witness remained upstairs ff-
teen minutes after the rest had gone down,
and when witness entered the saloon Cos
ney asked him what he was whistling
about 81 asked hi9 DardOn - said LOFT
ant. land he then wanted to know what 1
would do in case he hit me-
Witness replied. he said. that he supposed
he would fall. Gosney then struck witness
between the eyes, knocking him against
red-hot stove. When he got up he saw Cos
ney approaching him with uplifted arm
and noticed that he had q knife or some
thing like 1t in his hand
Believing that he intended to kill me-"
declared the witness. Il pulled Bankers
Witness declared that he feared Gosney's
friends would harm him, and that he did
not go direct to the fort, but spent the night
at a neighbor's house nearby. and in the
afternoon surrendered at the fort. Although
States Attorney Magruder put the witness
through a severe cross-examination, he
failed to break down his testimony in any
material degree
Evidence in Rebuttal.
Privates Haynes. Barnes and Barker were
called by the state in rebuttal. They all
contradicted Winebarger in his assertion
that Gosney knocked him down, and that
he displayed knife.
At this point the state rested, and Judge
Merrick announced that court would ad-
journ until 8 o'clock this morning, when
counsel would address the jury.