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

SCOTS reply which the Court sustain
ed Witness was present near the
close OF SCOTS first statement. On
September 2rst, 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
81 and took Scott Johnson's second
statement as also Mr.. Constablc's talk
with the prisoner prior to the state
ment which was IN the form of ques-
tion and answer. The statement made
, on August H., had not been written
out or typew,itten. 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
1t as well as the statement itself might
have induced Scott to make the second
! one. He would not ask for the read
:ng OF MIR. Hartnett's notes but the
Court asked for those covering the
preliminaries to the statement AS
shown by the notes Mr. Constable ask
cd Scott ii he wanted to make a state
mcnt, as he had done in California,
but it must be voluntary. He said,
Yes, | do, Dut first | would like to
see a lawyer il | 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
ard Johnson exchanged before he
made his second statement on Septem-
Der 81 last, and offered The statement
III evidence.
| Mr.. Wsrburton then proceeded with
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, ior 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
argument Court took recess, and in
the afternoon Mfg Constable argued
for the admission OF the statement,
citing many cases in which confessions
or statements made IN the form OF
question and answer to magistrates or
/ police and other officials we're admit
ted IN many States of the Union, in
cludng Maryland. Johnson had made
a statement i'll California, to prove
which would have involved great ex-
pensc, 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, but
= took occasion to say that it was not
the duty nor within the province OF
officials to obtain confessions from
prisoners. Johnson'S case was differ
ent as he had made statement to
avoid the expense OF proving which
tit was per,nissibfe ft,r the States At
| torncy to try to get another.
Mr. Constable then read Johnson 5
second statement which was as he had
outlined II in opening the case. save
that he admitted getting Mc-Aliister's
gun from his mother and leaving the
| hatchet at her house when he took
: the gun away. He also disclaimed &hy
intention of killing McAll;ster.
Mr. Narburton moved to re, ct The
F; confession as a whole (overrulad.) tle
then objected to various parts u the
| statement and several objections were
sustained. Several questions ard an
SwcrS were marked by the Court as
not bearing ON the actual killing. he
hatchct was offered as evidence BY
the State but as il had not been idrn-
'lhcd 1t was not admitted The state
then rested, and Court adjourned un-
y I'll Thursday at oI5 a. IN.
THURSDAY.
Court met at g.I5. and. after the rec
| ord II the case was corrected, Mr.
arburtOn made the opening state
mcnt Tor the defense. He said he had
had no knowledge OF the accused, save
through the newspapers, prior to his
appointment IS his counsel Since
September. he had sought to trace his
antcccdcnts and obtain such facts in
his history, bearing upon his mental.
physical and moral makeup, heredity,
etc, a. would be admissible, which
would show the measure OF his re-
Sponsibility iur his conduct. He had
earned that Johnson had been an cpi-
lcptic from his birth, though his seiz-
ureS were less frequent nf late years.
lie was Il confirmed wandercr and
would usually carry some weapon, the
first that came to hand, such as a
corn-knlie, a hatchet or what not for
defense and would, ior lack OF anything
more scrviceablc, at times fill his pock
cts with stones for his personal de
tense against imaginary dangers. He
had constant decisions OF intrudcrs at
his home or abode and oi pursuers
seeking TO do him harm. Once he got
out warrant lur assault against d
ncighbor because al a wound he had