The Cecil Whig. [volume] (Elkton, Md.) 1841-current, 1910-10-08
COURT TERM CLOSED
New Trials In Two Cases--Few Civil
Suits Heard December
Jurors Drawn

Friday afternoon. F. r. Haines, Esq,
appeared for the defendant 1t dcve
loped that Mr. Owens lost part OF his
ear in the combat between the parties,
which he claimed had been bitten off
by Mr.. Hanna The Court rendered
a verdict of guilty and imposed fine
vi $2Co and costs.
Court at a night session on Friday
heard argument by Messrs. H. A. and
W. T. Warburton on the latter's mo-
ton for new trial in Lort VS.. the B.
& o. r. r. and by H. NJ. Mccullough,
Esq, counsel for the Plaintiff, i'll OPP
position thereto.
F. B. Evans, Esq, counsel for Spen-
Ger James, colored, found guilty of
breaking and entering Wifliam B.
Whlton'S store, at Iron Hill, and
carrying away goods thercfrom, ar
gued for a new trial on the ground
that the evidence adduced did not war
rant the verdict rendered; and for the
further reason that the jury had been
biased against the accused by the fol
lowing language used by the States
Attorney i'll the opening stage OF the
case
Il never tried to have a man indict-
ed whom | did not believe to be
guilty. failed but once. and three
months later ! had the party indicted,
and he was convicted believed
James to be guilty, and | still believe
him guilty"
SATURDAY,.
In the Lort case the Court ruled
that the argument OF defendants coun-
sci that the damages awarded
were excessive and that the jury
had diSregarded or at least not duly
considered the Courts instructions was
well founded. On the showing of
plaintiffs expert witness, jeremiah
Mahoncy, the true amount of his dam
ages, arising from the particular fires
which the jury were to consider, was
found to be SIS. The plaintiff had
been awarded $I75 and would have to
accept reduction to SIS or a new trial
would be gsanted. The Court took
occasion to say that juries must heed
its instructions, The jury in the pres
ent case Ia not paid due heed, doubt
less, no|deliberatcy. but. nevertheless,
practically.
AS to the James case, the Court held
that the jury was the Judge OF the
scope and suihciency OF the evidence
but on the other ground advanced
that the States Attorney had biased
the jury by his quoted utterances. a
new trial must be granted Counsel for
the accused had been equally positive
in his assertion OF the prisoners in
nocence. and had, doubtless, provoked
the States Attorney to the uttcrance
quoted. The latter was Jealous, &C
tive and efficient official, and his gen
tral conduct OF cases was not open tn
criticism. James would be held in
5000 bail pending his re-trial.
Court imposed the following sen
tenceS;-
Charles II. Johnson, for larceny oil
$500 from J. T. Hanna two years il,
the pcntcntiary.
Maurice Laruc, colorcd. for as
sault with intent to kill, three years III
the penitcntiary
assault, one year in the House OF Cor.
rection.
Oscar Coates, coored, larceny. ON,
year i'll the House of Correction
Charles Turner, colored, sentence
deferred.
sory note renewed irom " Ia r rimr,
rorntr w,s newt tr;,d NIo.sr. I a.,
and Halves ior n1s;nt;e. Vamnn, ~,
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$+57.37.
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