Evening star. [volume] (Washington, D.C.) 1854-1972, 1907-05-18
PROCTOR. GIVEN new TRIAL
WITH ASSAULT UPON
MRS. MINNIE SPENCER.
Seventy-Five Witnesses Summoned to
Marlboro Court-Exciting Epi-
sode During Recess.

Special From STAFF Correspondent.
UPPER MARLBORO, Nd, May 1s.-The
second trial of Eugene Proctor, colored,
charged with an attempted criminal as
sault upon Mrs. Minnie Spencer, white, at
Rosecroft. the Sth of last month. was be-
gun In the circuit court here yesterday
morning, Judges Merrick and Crane being
upon the bench. Proctor was tried before
Judge Merrick a short while ago and con-
victed. His counsel. George B. Merrick,
filed a motion for a new trial. which was
granted. and the second trial was set for
yesterday. Judge Crane was called into the
case as associate judge. When the case
was called both sides announced a readi-
ness to proceed the attorney for the pris-
oner electing to have his client tried before
the judges and not by jury.
At the time the assault was committed
more than two miles from the home Of the
Spencer family. Upon his being identified
by Mrs. Spencer. he was brought here and
placed in Jail Proctor, who had always
borne an excellent reputation, had many
friends who believed him innocent, and
thought he was the victim of mistaken
identity. A short while after he was
placed in Jail here. 1t is stated number
of men living in this locality plotted to take
him from prison and lynch him. They even
went so far as to procure the rope. 1t Is
stated, but at the last moment they were
prevailed upon to abandon the project.
Yesterday when the case was called It
was announced that about seventy-hve
persons had been summoned, but 1t was
thought that not more than one-half o.
them would be placed upon the stand.
when their names were called and attach
ments were asked for them. Others had
not been found by the sheriff and his
deputy and new subpoenas were issued
for them.
Fight in Dining Room.
large number of spectators were pres
ent when court convened. including many
friends of the prisoner and the prosecut-
ing witness Some of them were free In
expressing their opinions upon the merits
of the case, and the freedom of speech
caused one man to get a black eye. He
was Dove Payne. He was seated at the
dinner table at the Marlboro House dur
ing the noon recess, and when he expressed
the belief that the prisoner was innocent
of the charge he felt the weight of Basil
Blandford's fist. BIandford is a brother Of
Mrs. Spencer
There's fight in the dining room."
shouted one Of the guests of the hotel ana
Deputy Sheriff Vincent went to separate
the men.
BIandford seemed satisfied with what ne
had done, but Payne was anxious TO nave
It out with him. The combat was noe
occurred. This morning there wasf the
same keen interest shown In the case that
was shown yesterday. but many Of the wit
nesses complained Of having been unable
to give their testimony yesterday and get
excused. States Attorney n. Hampton
Magruder resumed the calling of witnesses
for the state. and II was announced that
court would remain in session tonight II
necessary, in order to bring the case to q
close, az the judges are due at La Plata,
Charles county, Monday morning.
Mrs Spencer and her husband and DR..
Simpson and Deputy Sheriff Vincent gave
testimony yesterday. Upon conclusion of the
states side of the case today counsel for
the defendant called witnesses to rebut.
what had been said by witnesses for the
state.
The judges win go from here to La Plata
in time to be there for opening Of the May
term of the circuit court In Charles county
where the case of Mrs. Bowie and her son,