The Democratic advocate. [volume] (Westminster, Md.) 1865-1972, 1913-07-25
DEFENDS HIS ACTION.
OFFICER JOHN [. SMITH EXPLAINS
MATTERS CONNECTED WITH Al.
REST OF JOHN BAUMGARTEER.
To the Editor Of The Advocate:

To the Editor of The Advocate:
In your issue of July Is, you give
prominence to an account of the ar
rest and conviction of John Baum
gartner charged With assault upon
an officer, and the release upon habeas
corpus proceedings before Judge
BrasheaTs Of John BaumgarIner.
This account charges me with arbi-
trary conduct in this case. ana in
others. and states that Complaints
have been made To Governor Colds
borough OF his appoIntee's actions. but
he SO far, has apparently ignored
them
This account. If accurate, is a re-
Election not only upon ny Official
course. but also upon the Governor
of Maryland. regret that paper
Of the prominence Of The Democratic
Advocate should publish this state
ment without any apparent effort to
ascertain the facts from a disinter-
ested source. / realize that noK Is
not tie time to discuss the facts Of
my oNn case. but In justice to myself
and II the Governor OF tbs State. |
wish u emphatlcaiiy deny that | have
Intentionally done John BaumKart-
ner 0r ans one else brought before
me a wrong. and I am confident The
Advocate VII do me the justice of
publishing this letter.
John BaumgartneT was arrested for
an assault upon Constable Kidd
while IN the discharge Of his duty on
June tn, 1913. and later 4 warrant
vas sworn 1uI for his arrest aud he
vas brought before me on July I1th,
and The case vas set az his request
for tHIal on July 18th. IN short
time. BaumEartner came back and
asked that bis trial be set for trial
on JuIy lIlh. and ! agreed 10 this.
On IuIy I'll. BaumgartneF waived
his right 10 , jury trial and heard
lhe witnesses. found him guilty and
imposed sentence. naumgartner vas
then ut in Ihs lookup at Mount Airy
10 be brought 20 Westminster next
day About In o'clock On the night
Of Jus 18th. counsel for Baumgart-
ner came II my residence. auG de-
mRnded thai | 20 With nm To the
Lookup and zhow hin all The papers
N the case This I did mt do, and !
informed counsel far naumgarIner
that / would not e down that night
On account q threats made against
me I'D m fears Tor N personal
safety Thia vas m only reason FOR
not complying with the request.
The naNt day Constable Kidd took
HaumEHrtnsr To- Westminster. where
under hahea= corpus. HaamFt dneI
sna brought before judge Brashaara
and discharged without prejudice 10
the rights q the State d Maryland
m IL single ground that the CON-
mitmanI wHH not technically correct
! d not faT minute question Tho
absolute correctness uf tbs decision
ny tha Court aH I realize hat N in
experience" az magistrate and m
familiarity 9TH laR will Lad me Intu
errors IN tie form Of papers and
an advised Ihat tHIH Is nal an m
common experience With magistrates
! do maat positively deny Int ! have
ever knowingly deprived my citizen
af h rights af tia HaYe
ever consciously acted ia N arbitrary
or unlawful manner in IL business
before mo.
In conclusion, l. me aay thaI 40
far a kua# there Vas III one com
plant ever made against me II tho
HHfsIHhi u zahl iaauf HHa lht rom
ignoring the matter. Informed n OF
the charge. and demanded an ax-
plauaIIan. / made a full statement
u tn Governor with the request mat
he t. the sorregI InesB o my reply
y inHuiring Of tn proper officials
! have the rIEht, therefore. 10 assume
That nj only Il the statement OF fonr
article that Governor Guidaborough
has apparently ignored the COM
plants against me based upon IN
sufficient inquiry, ut thai | an at
lIbcrt. TO aIatn tn the complaint
Ras a#eertained b. the Governor to
De unfaundeI
] shall expect the same prominence
II thla letter ~ Va given 10 the ae-
count. Yours truly,