Evening capital and Maryland gazette. (Annapolis, Md.) 1910-1922, 1911-10-13
ACCUSED ARE DISMISSED
Circuit Court Sustains Stand Taken
By Philip Morgan And Holmes
R. Johnson.
CONFLICTING TESTIMONY.
Case From Fifth District Registration
Tangle Takes Whole OF This
Morning In Court.

Taking the stand that there had not
been sufficient testimony offered to
Warrant their being longer held.
Judge James r. Brashears this after
noon dismissed from custody, Holmes
K. johnson and Philip Morgan, the
two Republicans who, on last Tuesday,
were committed to Jail by Robert r.
Cook and Herman F. Rossman, the
registration officers of the Curtis Bay
precinct of the Fifth Election dis
trict, and later released under habeas
corpus proceedings, argument on which
was held in the Circuit Court today.
After a session lasting from 10
O'Clock until 1.30 o'clock, during
which testimony which was absolute
ly in conflict, as presented by the
witnesses for Rossman and Cook and
that offered in behalf of Morgan and
Johnson, States Attorney N. H. Green
representing the former, addressed
the court and said that he did not con-
slider that enough testimony had been
offered to justify Morgan and John
son being held longer.
Judge Brashears then dismissed
them briefly and Mr.. John Writ RAN
dali started to address the court in
justification of the action of Morgan
and johnson. Just what he would
have said was interrupted by Judge
Brashears, who said that neither of
the accused were acting outside their
rights in going to the registration
office to aid in swearing off names of
suspected voters. He then denied Mr..
RandalPs request for a bench war
rant against the registration officers,
saying that so many matters may
grow out of the case that he felt
such course unadvisable just Tnow.
However, you gentlemen have fyour
means of remedy" said the court,
in conclusion.
The case attracted very general
attention, not only in Annapolis, but
throughout the whole country both
Democratic and Republican politicians
from practically every election dis
trict in Anne Arundel being present
during the hearing.
Messrs. Holmes and Morgan were
represented by John Writ Randall and
James w. Owens, of Annapolis, and
Addison E. Mulliken, -. -. Marshall
and James P. Bannon, of Baltimore.
States Attorney N. H. Green and
Mr.. r. p. Melvin, counsel to the
Board of Supervisors of Election.
were on the other side.
Robert Cook the Democratic regis
tration officer, was the first witness
called. He detailed the arrival at the
registration Office of Messrs. Cecil,
Bannon and Johnson, where, he claim
ed, they were occupying the entire
space in front of the registration
table; that any such conversation,
cross-examination brought out the fact
that as a candidate for office Mr..
Cecil, who presented the suspect list,
had no standing, as he did not file his
candidacy papers until the day after
the registration rumpus took place.
Under cross-examination by Mr..
Green, Rossman substantiated all of
Cooks testimony. Cross-examination
failed to shake his testimony.
Both men laid to Bannon the act of
urging Morgan and Holmes "not to
go out peaceably," but to force the
officer to "tear their clothes off,
The point was clearly established
that neither Morgan or johnson, ap-
parently had or presented a suspect
list.
George H. Smith, the deputy sheriff
who made the arrest, was the next
witness. He was followed by Chief
of Police Irwin, and both followed
closely the testimony of Cook and
Rossman.
Justice John E. Potee, Louis
Meiercke, Alexander H. Rees and
John Brazil followed as witnesses for
Cook and Rossman, and substantiated
in every way their testimony, after
which Johnson, Morgan and Bannon
were sworn and testified in turn.
The testimony of these men was in
such direct contradiction of that of
the other side that it was a puzzle
after it was over. However, the tes-
timony of johnson, Morgan and Ban
non remained unshaken, and at the
conclusion of Bannon's turn in the
witness chair, Mr.. Green made his
statement to the court that he saw no
grounds for hoIdipO fha fxuo ona,sad