The midland journal. (Rising Sun, Md.) 1885-1947, 1910-01-14

Scott johnson Guilty OF Murder
In Second Degree.
THE SENTENCE NOT IMPOSED.

After having been on trial in the Circuit
Court since Tuesday, Scott Johnson,
charged with the murder of James L.
McAllister, near Rowlandville, Saturday
afternoon was found guilty Of murder in
the second degree. Sentence was deferred
for few days at the request of Johnson's
counsel. The penalty for the crime is
from to IS years in the penitentiary.
In announcing the verdict of the Court.
before whom Johnson was tried without
jury, Judge William H. Adkins said
1.-THE Court has decided that the pris-
oner is guilty of murder in the second
degree. The crime was due to drunken-
ness and drunkenness alone. Whatever
afaiction che prisoner might have had,
there was no evidence to show that the
crime was attributable to that affliction.
The prisoner is one of the strongest
temperance exhibits that the Court has
ever witnessed.
1--WE do not wish to be understood that
drunkenness lessons the degree of-murder.
If there had been the slightest evidence OF
malice. no matter how drunk he was. the
verdict would have been murder in the
first degree. Lack of motive or pre-
meditation alone reduces the degree.
The Court has given the plea of insanity
and evidence produced on that point care
full consideration, but we are satisfied that
lack of knowledge from right and wrong
had nothing to do in causing the crime to
be committed"
VIM. R. Craig, colored, who was arrested
near Russelville, Pa, last summer on the
charge of stealing horse from William
Boldly, of near Conowingo, this county,
was tried Saturday afternoon, found
guilty and sentenced to three years in the
Maryland penitentiary.
Robert Watson, colored, was tried and
convicted on the charge of violating the
Local Option law. Sentence was deferred.
The Criminal docket having been cle,r- I
ed, Court took up the Civil Calendar, and
called the suit of ]. G. Dougherty vs..
Walter H. Oracle. Tried before a jury.
Albert Constable, VIM. S. and Frank B.
Evans. Esqs., for plaintiff; Fred T.
Haines, Esq, for defendant. The suit
was for the recovery Of a balance of
$31o. so, with interest, due on note from
defendant to plaintiff, on which $500 had
been paid, given Oct. Io, 1906, from which
$40 due fora buggy, bought by Dougherty
from Oracle, had been deducted, offset by
credit of the price of ten bushels of i,
wheat supplied by Dougherty, who
managed Gracie's farm near Akin.
The case was given the jury at 6 o'clock
Tuesday evening, who found for the
plaintiff Dougherty) for $327.63, which
includes $ss.23, which Oracle admitted
owing Dongherty and had paid into
Court. ,srg
Prior to an adjournment, 81 jury was
struck for the trial of the next set case,
State, use Of Lilly, vs.. the P. B. & w. K.
r.. which was taken up Wednesday morn
ing. The action was for the recovery of
damages for the death of Ellen Lilly. the
thirteen year old daughter of Cecil F.
Lilly. who was killed by northbound
freight train at the station crossing at
North East on April last. She passed
under the safety gates thinking they had
been lowered for shifting engine that
was passing and failed to notice the
approach of freight which ran her down.
Joshua Clayton, Esq, for plaintiff; Fred
T. Haines, Esq, for defendant company.