The Cecil Whig. [volume] (Elkton, Md.) 1841-current, 1914-09-26

required to either collect the tax or to
kill the dog after April of each year.
Brown, the defendac-, swore that Re
had asked Demond for his dog tax
twice before the day of the killing and
| that he finally came to Elkton and
consulted Heister Hess, ESQ.,, Counsel
| to the County Commissioners, and
States Attorney Constable, and that
as a result of this consultation he went
| to Deamond on August % and told
him if he did not pay the tax he would
| kill the dog. Demond told him he
would pay the tax in Elkton and or
| dered him off the place. He then shot
and buried the dog.
Richard Howard testified that he
was Browns predecessor in office as
constable for the Ninth district. HES
ter Hess, ESQ.,, called in rebuttal by
plaintiff, testified to his advice, given
Mr.. Brown, which differed slightly
from Mr.. Browns version, owing
to Mr.. Hess thinking Brown was talk
ing about the 1914 tax, instead of
1913 tax.
Each side then submitted list of
prayers to the Court, relating to in
structions to the jury. The result was
that the Court instructed the jury that
if they were convinced from the evil
dence that the dog killed was not six
months old on Sept. 1st, 1913, then no
tax was due on him and Constable
Brown killed him without warrant of
law AS the defendant did not dispute
the dogs age the only question left to
the jury was that of damages, but
must regard only the actual worth of
the dog when killed. The jury brought
in verdict for $25 damages for De-
mond.
State VS.. Charles H. Bryan.
States Attorney asked leave to
make a motion to continue this case,
as he has not been able to serve a
summons on the girl Bryan is charged
with having assaulted. "The girl has
Disappeared" said the States Attor-
ney, "and | can get no trace of her."
State VS.. Marion Blake (Colored).
Blake, charged with having dealt
blow with a club upon Herbert Miller,
colored, on May 30 last, from which
Miller died on June 9. Both men
worked for Mr.. Elwood Padley near
Cecilton. On Saturday afternoon, May
30, Mr. Padley loaned them team to
go to Middletown. Blake did not 90,
but got out at his house near Warwick.
AS Miller returned, got in team with
him and they went back to Padley's to
do milking. Miller had been drinking.
Mr.. Padley objected to the way his
horse was heated up. Blake said he
had not gone to Middletown at all.
Miller charged Blake with telling Pad
ley that he had over driven the horse;
cursed him in the stable and finally
made at him with large knife, cut
ting him across the wrist and hand.
Blake went to the house, washed the
blood off his arm and went on across
the field to his own home. Shortly
afterward Miller went trotting by Mr..
Padley's house toward Blake's, Mrs.
Padley hearing him say, "I'll cut his
heart out" AS Miller rushed into
Blake's house, two colored men that
We're in there pushed Blake out of the
door. Miller followed, cutting at him
with knife. Blake hurled stone at
him. AS Miller kept coming toward
him he picked up dearborn siat and
hit him. Miller ran round house,
Blake following Miller turned and
cut at Blake again, whereupon Blake
hit him with a stick over the head.
Miller ran few yards down the road
and fell and later died from the blow.
Magistrate George Morgan, Con-
stable VIM. J. Jones, Messrs. Elwood
Padley, VIM. B. Davis, VIM. J. Man
love and others of the First district,
who have known Blake for years, tes-
titled to his good character and that
he had never been known to be in a
fracas of any kind.
The case was submitted without ar
gument, the defense asking for ac-
quittal on the ground of self-defense,
and the State for a verdict of man.
slaughter only. The jury brought in
a verdict of not guilty after only
few moments deliberation.
State VS.. Evans Boulden.
Evans Boulden, mere lad of Il
or 16 years, charged with manslaugh-
ter in that on the night of August %
at Elk Mills, he threw, and struck
with, bottle his uncle Joseph Boul-
den, aged II years, from which blow
Joseph died on the next day After
much trouble in securing jury, State
presented its case, saying it would
ask for verdict of manslaughter only.
The defense stated that they would
ask for acquittal on the ground that
it was eXcusable homicide, due purely
to mis-adventure.
DR.. H. Arthur Mitchell testified fo,
State that he made post-mortem eX-
animation of the deceased and found
death had resulted from a fracture of
the inner skull, caused by a severe
blow from a blunt instrument.
Herman Lowery, aged l5 years, was
with Evans and 10. and other boys
that night. They had had several
drinks of wine and whiskey and felt
pretty rough" About II O'Clock
they got to scuffiing in road in front
of Widdoes pool room. 10. hit Evans
several times and then hit him (Low-
ery). He tLowery) ran down road,
fell down and 10 got on him and was
choking him when Evans came down
and kicked 10 in ribs. Shortly after
ward the bottle crashec against JOS
head. Was very dark down road
where they We're. Alvin Downeyham
testified to having been with boys:
said found whiskey and drank some
of it.
Arnold Cook saw boys scuf1ing in