The Cecil Whig. [volume] (Elkton, Md.) 1841-current, 1910-01-15
SCOTT JOHNSON Gull TY.
IN SECOND DEGREE
Escapes Galows Through Lack Of Motive Criminal Docket
Cleared-- Civil Cases Now On Trial

VS.. Scott Johnson, about 2 p. m, on last
Friday. Mr.. Constable opened for the
State, reviewing the evidence and con-
tending that Johnson was entirely re-
sponsible and guilty as indicted He
was followed by Henry A. Warburton,
Esq, for the defense, who likewise
reviewed the testimony, contcnding that
the prisoner, in the light OF the evil
dence, his makeup, family history, ETC.
was entitled to an acquittal based
upon the reasonable doubt that had
been raised as to his responsibility. W..
T.Warburton Esq, closed for the de-
tense, relying upon late United States
Supreme Court decision, REVIEWING the
whole doctrine of sanity as affecting
guilt, in which it was held that the rails
ing of reasonable doubt as to sanity by
the defense shifted the burden of its
establishment upon the State, and, the
State, failing to establish the prisoner s
sanity, he was entitled to acquittal.
Mr.. Warburton closed about p. M
and Court adjourned until Saturday
morning, when Mr.. Constable made the
closing argument for the State, con-
tending that every action OF Johnson S
from the time he struck down McAllis-
ter till he made his second statement
in jail here, proved his sanity and his
guilt, He closed with the statement
that verdict OF acquittal would arouse
a wave OF popuar Indignation through
out the county.
AT the close OF the argumert Judges
Adkins and Hopper retired for consul
tation. and after an absence of ten
nutes returned. The prisoner was
told to rise. and, upon his resuming
his seat in the dock. Judge Adkins di-
rected the Clerk to enter the Courts
verdict. which was murder in the sec
second degree
His Honor said to the prisoner that
he had been ably and zealously def end
ed. No step had been left uutaken
that could serve his interest. His
crime was due to drunkenne IS and to
q unkennesj alone Whatever aftlic-
tion he might have been subject to,
there was no evidence that his crime
was attributable to that aifliction The
prisoner was one OF the strongest ex-
hibits for temperance the Court had
:, ever Witnessed. The Court did not
Ryssh il to be sumed or understood
~ Alrppkeu<r1fB iessenS the degree of
s.Mrdcr. If there had been the slight
est evidence of malice, no matter how
drunk the prisoner had been, the ver-
dict would have been murder in the
first degree. Absence of motive or
premeditation reduced the degree. His
Honor said he would say to the State
Attorney that the Court would not
have been swaycd by any possible
measure OF peculiar dissent from a
verdict Of acduittal Ii the Court h&d
entertained the slightest doubt OF the
prisoners capacity to commit the
crime. he would have been given the
benefit of that doubt Mr. Constable
was correct in his contention that the
Court should be swayed by reason and
not by sentiment in passing upon the
prisoners sanity. The interests OF the
community or of society should be con-
sidered as well as the prisoners should
be considered in all cases where in
sanity was pleaded as defense. The
Court had no reasonable doubt as to
the prisoners guilt or as to its meas
ure; but his defense had been properly
made. and his counsel would have been
censurable ii it had not been made. At
Mr.. Warburtons request sentence was
deferred.
At the conclusion oi the Johnson
case, Court proceeded with the re-
naming cases on the criminal docket.
State VS.. William r. Craig, colorcd.
charged with stealing a mare from
William Boldly. oi the Eighth district,
was tried before the Court Craig had
been indicted at the September term for
stealing horse, but the indictment
was quashcd and he was reindicted at
this term for stealing a mare. He was
captured at Oxford. where he offered
to sell the mare. one day last summer.
by pursucrs in an automobile, and
brought to jail here He was found
guilty and given three years in the pen
tcntiary.
State VS.. Robert Watson. alias
Google, colorcd. CHARGED with sell
ing nouor, was tried before jury. He
had 'lt out" Ilt vcrtured within the
danger zone and was captured. On the
evidence of Garfield alias Rock" Sim
pers. colorcd the jury found him