The Cecil Whig. [volume] (Elkton, Md.) 1841-current, 1910-01-08

September 2Ist, he told witness that
he wanted.to see the States Attorney
and tell the truth about the killing Of
McAllister.
Court Stenographer Hartnett was
called next and said that he went with
Mr.. Constable to the jail on September
Fl and took Scott Johnson's second
statement as also Mr.. Constable's talk
with the prisoner prior to the state
ment which was in the form of ques-
ton and answer The statement made
on August II, had not been written
out or typewriter. 1t covered more
than hundred pages OF a shorthand
note book
Mr.. Constable waived his right to
offer the first statement but Mr.. War
burton held that the preliminaries to
it as well as the statement itself might
have induced Scott to make the second
one. He would not ask for the read
ing of Mr. Hartnetts notes but the
Court asked for those covering the
preliminaries to the statement. AS
shown by the notes Mr.. Constable ask
ed Scott if he wanted to make state
ment. as he had done in California,
but it must be voluntary. He said,
"Yes, | do, Dut first | would like to
see lawyer If can get one" Mr..
Constable said Before you see a
lawyer, you must understand that your
statement might be used against you"
Mr.. Constable then read the words he
and Johnson exchanged before he
made his second statement on Septem-
Der 2I last, and offered the statement
in evidence.
| Mr.. Warburton then proceeded with
a length argument against the admis-
sion OF the statement, which he con-
tended was induced by the first one,
which had been procured under duress
without warrant OF law and against the
guaranteed rights OF the accused. He
said nothing OF inducements or
threats, for more had been offered or
made, but the statement had been
sought and obtained by officials who
had no right to ask a man to bear
witness against himself.
| At the close Of Mr.. Warburton's S
argument Court took recess. and in
the afternoon Mr.. Constable argued
for the admission OF the statement,
citing many cases in which confessions
or statements made in the form OF
III dIh dllSWCI W mag 1911 avs vi
police and other officials were admit
ted iii many States OF the Union. in
cluding Maryland. Johnson had made
a statement in California, to prove
which would have involved great ex-
pense, to avoid which he sought to
obtain one from him here The sec
ond one was purely voluntary and
therefore, admissible.
The Court admitted the statement
or confession subject to objection, bu
took occasion to say that it was not
the duty nor within the province o
officials to obtain confessions from
prisoners Johnson's case was differ
ent as he had made statement to
! avoid the expense of proving which
. permissible ior the States At
second dt;ry stay to get another.
:, ontl;nad a a. lie then read Johnson:
y outlined OUT II IN ot-.ieh was as he hae
that he admitted gettn.e- case sav.
II gun from his mother and feaassss sar' ~,
l. hatchet at her house when he fdd,
+ the gun away He also disclaimed ii
1t intention of killing McAllister.
r Mr.. Warburton moved to rel ct Il
l. confession as whole (overrul"d.) +
,r then objected to various parts Of Il
t statement, and several objections we
II sustained. Several questions ard a
o swers were marked by the Court
not bearing on the actual killing. L
S hatchet was offered as evidence
er the State but as it had not been lde
1T tilted it was not admitted. The Sta
lie then rested, and Court adjourned II
ID til Thursday at o.I5 a. m.
=, THURSDAY.
Court met at 9.I5, and, after the re
S. ord in the case was corrected, NJ
lg Warburton made the opening stat
'e mcnt for the defense He said he HI
lie had no knowledge of the accused, sa
e. through the newspapers, prior to /
,e appointment as his counsel Sin
I'd September. he had sought to trace |
e. antecedents and obtain such facts
v his history, bearing upon his ment
y physical and moral makeup, heredit
etc, as would be admissible, viii
I'd would show the measure of his r
mt sponsibiity for his conduct. He h
n learned that Johnson had been an el
* leptic from his birth, though his Sc
I'D ures were less frequent pf late yea
He was confirmed wanderer a
" would usually carry some weapon, t
to first that came to hand, such as
is corn-knife. hatchet or what not
ut defense and would, for lack of anythil
mt more serviceable, at times fill his poe
I'D cts with stones for his personal 4
at Tense against imaginary dangers.
m had constant delusions OF intruders
ad his home or abode and OF pursue
ld seeking to do him harm Once he G
ne out warrant for assault against
"a neighbor because OF wound he h
N. inflicted upon himself The develc
n, ment OF the defense would show
ch family history the most extraordina
at that he (Mr Warburton) had e,
ds heard detailed, His mothers na>
h was Gray. His grandmother CT
n ningham The latter was insane
'r- thirty years ard tireless wander
lat A sister of his father had for TWEEN
Ict seven years been practically lunat
to His father had pecularities ratf
n unusual. The family had lived unt
It'll repulsive conditions One of the pr
oner's grsnduncles hanged hims'