The Cecil Whig. [volume] (Elkton, Md.) 1841-current, 1912-09-28

called was that of State VS.. Whiten,
States Attorney Albert Constable for
prosecution, Warburton AND Warblur-
ton for defense Whiten, an automobile
chauffeur, for Mr.. James Doak, of North
East, was on trial for violating the
automobile law, in that NE did not
properly stop his machine when sig
nailed to do so on approaching team
driven by Mr. W. D. Miner, on the road
above North East, near Leslie, whereby
the horse was frightened and buggy
smashed and occupants injured.
The first witness for prosecution was
Mr.. Miner, who testified to having called
10 Whiten twice to stop. as also did
his wife who was with him, out Whiten
kept coming on, not stopping until ma
chine was within 90 feet of his carriage
Declared that Whiten did not come to
offer assistance after the accident. On
cross examination said Whiten was 15C
to 200 feet ava ywhen seen by occupants
of carriage
Mrs. w. ID. Miner was the next wit
ness: was in carriage with Mr.. Miner;
corroborated husbands testimony; after
accident she spoke to occupants Of
Doak's machine, saying you shall pay
for this" to which Miss Lum answered
''yuo should have a horse that is not
afraid of automobiles" Swore that
Whiten did not have hold of the horse
before or after accident. j. W. Real
was next witness; was sitting on Mr..
Smallwood's porch at time of accident
and saw it: corroborated Testimony of
previous witnesses; himself exclaimed
on seeing machine come on whats the
matter with that fellow that he don't
stop; said Whiten did not go to horse
before or after accident. Did not hear
machine blow any horn.
Mr.. Smalwood was next witness; was
standing in his yard heard Mr.. Miner
yelling to automobile to stop: machine
was running fast and kept on coming
helped striaghten out team after acci-
dent.
Whiten, the accused colored chauffeur
was first witness for defense; was go
inS slow, about II miles an hour; saw a
team ana began to slow down and blow
horn: saw horse was frightened and
stopped car before anyone called, but
driver seemed to have no control of
horse; finally horse upset carriage; he
jumped out of his car and took hold of
horse until everything was all right,
when he handed horse over to owners:
said driver of horse was just looking
around, with reins hanging loose; said
had never had any trouble before or
anyone object to manner of his driving;
never ran over ~ or l3 miles an hour:
believed accident was more fault of
driver than the horse.
Miss Inm witnaSc II,
automobile when accident occurred;
children were in her charge and she
would not allow car to go fast: man
and woman in carriage did not seem to
notice machine, until car had stopped,
when they became excited and began
pulling and hauling at the horse ma
chine was some fifty feet from carriage
when It stopped; car was perfectly still
whfn accident occurred: Whiten jumped
from ear and went to horses head
Louise Doak, child, was next witness:
.ras in machine at time of accident: cor
,'oborated Miss Lum, as did next two
witnesses, Elizabeth Doak and Irene
Shippers.
This closed the testimony in the case.
Counsel on both sides agreed to submit
the case to the Court, without argu-
ment, The Court rendered verdict
promptly of not guilty
STATE VS.. SAMUEL ELLIS
Wherein SAMUEL Ellis was put on trial
for stealing 80 bushes of corn last No
yrmber from Frank Clayton. of st. Au-
sustine; Henry Constable tor derense.
Frank Clayton was first witness, who
testified to losing the corn from his
field, saw tracks of horse of "A peculiar
shoeing, which tracks led to place where
Ellis lived and were found to correspond
with shoes on horse of Ellis. Then got
4 warrant out and he and Sheriff Nc
Allister went to Ellis house, where they
found in ths cellar some g or baskets
Of corn, and in the attic found % or 80
baskets more of corn, good corn, nubbins
and all mixed together; corn found was
same kind al that grown by himself and
Mr. Nathan Mccoy, only.
Stephen Bsardley testified to having
been coming from Chesapeake City TO
Mi CHARLES Ellison's, on the night OF
thc theft, when he met one horse
wagon loaded with filled bags on road
rcar Mr.. Clayton's cornfield
For defense Nathan Mccoy was first
witness called: testified that Ellis was
working for him at date of theft drove
mis- team back and forth and red horse
1T his place; had bought corn from wit
hess-3O baskets in all-from September
20 November I; got corn from crib where
only good corn was placed Mrs Reed
with whom Ellis made his home, was
next witness; swore that Ellis went to
bed that night at 10 o'clock and was
not up again all night; Ellis had made
his home with them for Is years. JOS
eph Bowman was called: was at Nathan
McCoy's working with Ellis; saw Ellis
at Mrs. Courseys store about 3 o'clock
on night of theft: did not see MIN after
ward Wesley McAllster, formerly
Sheriff, testified to searching Reeds
house where Ellis lived, and finding 20
10 30 baskets of corn in the attic Coun-
sci submitted case to Court without ar
gument. Court promptly rendered
verdict of guilty, and sentenced Ellis.
STATE VS.. WILLIAM T. GREENLEY.
William T. Greenlee put on trial for
stealing 269 pounds of pork from Dan
icl Krause. f. Kirk Brown counsel for
defense. Mr.. Krause testified 10 find