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

D
peared for the prosecution, and w. T..
Warburton, Esq, by appointment of
the Court for the defense. The ac-
.cused elected to be tried by the Court
Judges Adkins and Hopper. Jurors
morning. The States Attorney in his
opening statement told of McAllister $
disappearance on May 81, OF the find
ing OF his body three weeks later by
Thomas Cade, in a strip OF woods on
the Cummings farm, near Johnson
home, and OF the evidence, from Nc
Allster's crushed skull. of his death
by violence He then traced the move
ments of the accused until the day the
telegram reached the Baltimore Amer
lean, from Santa Rosa, California, stat
ing that man there had confessed to
killing man in Cecil county. He
next told OF Johnson's identification
1 from photographs forwarded here; OF
\ his transfer East. escape from the
\ train at York, Pa. his recapture and
arrival at Elkton Jail Mr.. Constable
4 then said that Johnson had made two
Aseparate and conflicting statcmentsor
lconfcsSonS to HIM. States Attorney.
latter due warning that such state
tlmentS would he used against him at
Bis tra and would secure him neither
Immunity from nor lesscning OF the
Z tbenalty for his offcnse
tA In the first confession Johnson said
5lhat he had been fixing a wire fence on
( Bis brothers place, where he lived as
~ laborcr. on May 81. In the evening
s3lcAllistcr came to SCOTS home and
,ss hlkcd Tor some time with him aud his
i{drothcr. Jim When he lett Scott
(, AlIowcd him down the lane. to 60
,t' .Rck and finish his work on the fcrcc
dcNllistcr asked him ii he would like
drink oi whisky and later brought
q Ter to where Scott was at work, and
s5ey both drank, Later McAllistcr
hde some surring remarks as to the
Elhnsons farm work and quarrel
M pSc during which McAllister tried to
pot him with double barrel gun
lich he had with him when he
S5pught the whisky. Scott. thereup-
struck him with his hatchet, ieil-
sSFi him but not knowing that he had
sd him. tScott said this happened
st{ fhe field by the fence but McAllis-
sa9 Is body was found so or 90 wards
49,. ~ the strip OF woodsl johnson
thcifN.*sy}'roi going to his mothers to
spend the night, and later to his sis
ter's, at Pleasant Hill, and finally Of
beating his way to California on the
railroads
In his second confession johnson
said he had not worked at all on Me
mortal Day but had gone to Havre de
Grace, where he bought quart OF
Sc 9llN, returning home in the even
is Ih abstl hall OF it left in the
~. He said th%t-hr and Mc.\lliS-
aEiY lett Jim" Johnson's house to-
{ Thcr in the evening. striking out to-
yard the hom, oi James Neal, colorcd
Bwho ives on an adjoining iarm. They
drank the whisky, They began quar-
rcling. and Scott struck Mc\lIistcr
with the hatchcl, which he had slipped
under his coat as they were leaving
''Jim's' house
The hatchct one used in lathng
was found when Mrs Newton N;cklc
was removing the household goods
from McAlliotcr'S home. alter his
death, and Scott identified it, when it
was shown to him. Is the one with
which he had struck the fatal blow
The shirt. which Scott had been wear
ing that evening. Mr. Constable found
under the raitcrS ui the kitchen shed
at his sisters home. at Pleasant Hill.
and it was blood-staincd. Nc Nils
tcr'S gun, which Scott had gotten from
the dead mans mother and lett at his
own mothers house, had been brok-
>n by his brother. Elmer. and tn
parts hidden about and around the
premises but MIR. Constable and Shcr-
Nj, \llt..t,,, l,,I i,,,,,I ,i,.,,,,
they had been placed. Elmer picking
It's statement and the taking oi tcsti.
mony for the State began
jaime, Neal. culorcd. who lives on
the farm adjoining Jim" Johnson's
place, William T. Patton. Mrs. Eliza
beth Fitzgerald and her young broth
cr, Peter Tome, Jr.. who were drv-
ing. to Liberty Grove testified to see
ing Scott on the evening of MAY 81,
after 5 o'clock. Neal said he had a
white bottle containing what he sup
posed was whisky Mr. Patton and
Sc"tt spoke and Johnson also spoke
20 young Tome.
James Johnson. SCOTS brother. with
whom he lived. said his house was
abuot quarter of a mile from the
Mc\lIlStcr's. Scott started to work
as laborcr on the place on May 2S,
but did no work on Memorial Dav.
when he left the house in the morn
ing and said he was going to Nc Nils
ter's. About 40 i'll the evening. when
James was eating his supper, Scott
returned end said he had been walking
around. Presently another step sound
ed i'll the shed kitchen and Scott said
80 hats McAllistcr. Don't tell him
where I've been McAllistcr came in
ard said Scott, go and get me that
tobacco" Scott got piece. and Nc
All;stcr paid him a nickel out of a