The Cecil Whig. [volume] (Elkton, Md.) 1841-current, 1915-10-02
CRIMINAL CALENDAR CLEARED

James r. Smith, heard on Friday, and
upon their return Chief Judge Con-
stable announced the verdict as guilty
and sentenced Smith to serve two
years in the penitentiary. The case
was removed from Talbot county.
Smith, who will be II years old in
October Is. was charged under a sec
tion of the Code with having carnal
knowledge of a female under fourteen
years of age, Anna Lee Denny, a white
girl, who will be IA on October 8, COM
mitted on August %. The offense is
declared a felony with death as the
highest and Is months Imprisonment
the lowest penalty, at the discretion
of the Court The girls testimony
and that of the physicians summoned
in the case was taken in the Grand
Jury room with the Judges, Annals
parents. States Attorneys Constable
and Charles J. Butler, of Talbot
county; Smith, his counsel, George L.
Pendleton, colored, of Baltimore, and
Court officials present.
State VS.. John Friday, charged with
killing and Staying David Ferguson
(the charge virtually manslaughter)
was put on trial before the Court.
Constable and Mackey for State; Clay
ton for defendant. Ferguson and
Smith Geamans returned from Havre
de Grace with two quarts of whiskey
on Saturday afternoon. May 20, get
ting off at Charlestown and walking
by the Cool Spring road to Fridays
four-roomed house on the State road,
a mile or more from North East, ar
riving there about 3 o'clock. They
found Friday at home and remained.
Friday prepared a meal and they all
drank and were all drunk when they
went to sleep together in one bed in an
upper room. During the night Fer
guson was shot with bullet from an
old rifle left with Friday by w. Hoop
er Hanna, who owned the house, and
died at Union Hospital, Elkton, on
Mondav, May 81. Mr.. Constable said
the States case would rest upon
statements made by Ferguson.
DR.. Harry f. Cantwell was sworn
and told of Yeamans and Samuel Neal
Fridays brother-in- law. bringing Fer
guson to his office in North East after
midnight, May %. He found him
suffering from wounds caused by a
rifle bullet which went through his
right arm, passed between the ribs.
came out near the right nirpe and
went through the left arm. He plug
gcd the wounds and took him in an
automobile to Union Hospital. where
he died on Nav 81 of shock and inter
nal hemorhaCe. All the wounds were
made by one bullet. Ferguson SEEM
ed sober when brought into the office.
At the hospital Ferguson kept ask
ing for water and saying he would die.
The doctor told him he would prob
ably. Ferguson told him how he had
received his wounds, but as the doctor
could not remember whether he did so
before or after he told him he would
probably die he WAS rot allowed to
repeat what Ferguson told him.
Mrs. Rachel Ferguson. siSter-in-law
Of the dead man said to him in DR..
Cantwelrs office: an the name of God
how did this hanpen?" He told her
that ha and Smith Yeamans had come
from Havro de Grace and went to
FRIDAYS. The three vert to bed after
drinking. Later in the night Friday
took un the gun and said it was nice
ONE Dave said. 80 he'll nut it away"
Friday said cts ID nice one to
shoot Won with and the id fool shot
him while he WAS in bed with Yea
mans. Andrew Ferguson testified as
his mother did as to what David told
Of the shootin"
Wednesday.
Trial of State VS. Friday was resum-
ed. DR.. W. T. Morrison-te terguson's
mind was fairly clear when he reached
the hospital. He kept saying he was
going to die while awaiting DR.. Nit
chell's arrival. A statement he made
to the States Attorney, witnessed by
DR.. Morrison and DR.. Mitchell, was
then offered and admitted under ex-
ception by the defense. 1t read
John Friday shot me. He shot me
purposely. He shot me with rifle.
We were all drinking and We're in bed
Friday, Smith Yeamans and myself.
My God. want water. Pm burning
up"
Samuel Neal, Fridays brother-in-
law-Went to Fridays house on the
evening Of the shooting to get some
grass that John had just cut. Found
him, Ferguson and Yeamans in the
back room, or kitchen. Yeamans ask
ed him to take a drink. and he took
one from what was left of a quart
bottle of Whisky. They were all
drunk and jolly. Ferguson tried to
sing, but could not. Friday called
Neal up at his home (9l7 feet away
from John's) about midnight and told
him Dave was shot John wore only
his shirt and pants. Neal got Ian
tern and met Ieamans on the way,
who said he didn't know how it hap
pened. Neal found Dave sitting on
Fridays porch without coat. hat or
shoes and asked him how it happened.
He replied. "fooling with that id
old gun" The gun had been left by
w. Hooper Hanna. who owned the
house, and Deputy Sheriff Reynolds
took away after the shooting. Friday
was staggering when he called Neal.
Ferguson was still drunk, but Yea
mans was sober and fully dressed as
he was earlier in the evening when
he was properly drunk Friday was
peaceable, drunk or sober. He gen
orally drank at home and had not been
on spree till that day since last
Thanksgiving. Ferguson asked Neal
to take him to James Reynolds and
on the wav to hurry to DR.. Cantwell's,
which Neal and Yeamans did, and the
latter called the Doctor up.