The midland journal. (Rising Sun, Md.) 1885-1947, 1909-10-08
CIRCUIT COURT.

/ s
The case of Scott Johnson, indicted for
the murder of James McAllister, which
was to begin on Thursday of last week.
was continued until the December term of
Court, as reported in our last issue.
When the case was called William T.
Warburton, Esq, assigned by the Court
as counsel for Johnson, moved to have:it
continued; stating that they proposed to
show that Scott Johnson, the accused,
was not of sound mind and was not re-
| sponsible for his acts. Mr.. Warburton
further stated that as he had the case only
week he had not had time to get all the
information regarding the Johnsons
which he desired; also had not succeeded
in getting all the witnesses he desired.
States Attorney Albert Constable pro-
| tested strongly against continuance of
the case. Finally, Mr.. Constable stated
that if Mr.. Warburton's motion prevailed
he would ask the Court to order the testi-
mony of Mrs. Catherine McAllister, the
mother of the murdered man, and the
States most important witness, taken and
that it be allowed to be used at the trial
in December, should the lady find it un-
able to be in Court. She is Soyears old,
and is in very feeble health, being unable
to walk to and from the Court House
without aid The Court ordered Mrs.
McAllisters testimony taken in the pres
ence of the prisoner, his counsel and the
Court; all other persons being asked to
retire from the Court room. After this
was done the motion to continue the case
to the December term was granted.
State VS.. Robert Wilson, colored, alias
Norfolk Bob," for the murder of Special
Policeman Harry Boon, of the p. B. &
w. R. R., near Woodburne Tower, above
Perryville, shortly after midnight of June
80, last, was set for trial on Friday, but as
DR.. George M. Stump, of Perryville, sum
moned by the State, was not present when
Court opened, recess was taken till Io:45
to await his arrival. AS he did not arrive
at the time expected, further recess was
taken until 2.26 p. m.
The case was continued on Saturday.
Elmer Johnson, Charlie Smith and Har-
ford Upshur, the three negroes who were
with Wilson when the shooting occurred,
testified that Wilson was the man who
shot Boon and that they thought Boon
was an officer, although he did not dis
play any warrant or official baigessand
was dressed in citizens clothes. Upshur
also said that, after the shooting, Wilson
asked him if he had knife, stating that
he wanted it to cut Boon's throat and that
Wilson told him he robbed the officer
after the shooting. Wilson did not take
the stand in his own behalf. His attorneys
made strenuous fight against the ad-
mission of his alleged confessions, but the
Court allowed them to be read. In one
Wilson told of Boon arresting the four
negroes and of shooting his revolver when
the other three tried to escape, which fire
he returned. He denied robbing Boon
after the detective had been shot or that
he had boasted of having killed four men
and being willing to make the number
five.
The jury apparently was moved blythe
argument of Wilson's counsel that the
crime could not be considered murder be-
cause Boon, in attempting to arrest the !
four neg roes at Perryville, failed to show
a warrant or any other authority for his
action, and verdict of manslaughter was
returned, the Court sentencing Wilson to
ten years in the Penitentiary.
Judge Pearce on Saturday imposed the
following sentences Leclair Green, COL,
convicted of burglary, IS months in the
Penitentiary; John Prettyman, COL, for
attempted assault on an eight-year-old
colored girl, five years in the Penitentiary;
Harrison Jones, for shooting Walter
Berry, eight months in the Penitentiary.
The September term of Court came to
final adjournment Saturday afternoon.