Montgomery County sentinel. [volume] (Rockville, Md.) 1855-1974, 1915-04-09
convIetsa OF MansIanahter.

The trial Of Franklin C. Boswell, 2S years
old, farmer Of Glen. on an indictment
charging him with the murder Of Aaron r.
Hewitt, bailiff of Rockville. was begun on
Wednesday Of last week and concluded on
Thursday following. before Judges Ham,
mond Urner and Glenn H. Worthington.
Judge Edward C. Peter refused to sit In
the case as he had frequently talked with
Hewitt in his life time regarding the as
sault made by Boswell. and for that rea-
son felt that he was disqualified.
Boswell was charged with striking Hew-
lit on the back Of the head with a quart
bottle of whiskey on October %, 1914.
The testimony showed that the bailiff had
cautioned Boswell, who was under the
influence Of liquor, to be more careful
about his language on the street, and that
as Hewitt turned to leave, Boswell ran up
behind him and struck him, Hewitt was
able to reach his home, a few hundred feet
away, but collapsed Immediately upon
reaching there. The following day. how
ever he was able to be about and continued
to attend to his duties as bailiff for three
weeks, but his condition became so serious
that he was sent to a Washington hospital.
where he underwent an operation. His
death followed nine days later.
The defense did not deny that Boswell
struck Hewitt with the bottle and relied
entirely upon the theory that the blow was
not the cause of DEATH Dr. George T.
Vaughn. chief surgeon at Georgetown
University Hospital, who performed the
operation. testified that the operation dis
closed a normal brain and showed nothing
to Indicate that the injury had caused
death. DR.. Frederick N. Henderson. who
conducted the post-mortem examination.
and Drs. Larkin W. Glazebrooke, Otis M.
Linthicum and Claiborne H. Manner, who
assisted him. agreed that the autopsy failed
to disclose anything that could be attrib-
uted to the blow struck by Boswell.
DR.. Manner thought death might have
resulted from shock. but the other phvsi-
clans thought the time of his death too far
removed from the date the blow was struck
for shock to have been the cause, and swore
they were unable to tell what had brought
about his death.
At the beginning of the trial counsel for
the defendant filed plea in abatement.
asking that the indictment be quashed on
the ground that few days after Hewitt
ha snNc
with Boswell not to prosecute him in con-
sideration of the payment of $500. States
Attorney Spates demured to the plea and
and was sustained by the Court.
Upon closing the testimony, the States
Attorney opened and closed the argument.
His opening address was followed by At
tOrneys Alexander Kilgour. Charles W.
Prettyman and Thomas Dawson, who con-
Quoted the case in behalf of the defense.
In announcing judgment Judge Urner
said that Notwithstanding the testimony
of several surgeons and physicians to the
effect that neither the ante-mortem nor
post-mortem examination of Hewitts skull
and brain disclosed evidence that the blow
he received with whisky bottle in the
hands of young Boswell caused his death. he
could not rid his mind of the belief that
the blow really was responsible for Hew-
tits death. The autopsy was negative.
Hewitt had been assaulted by Boswell and
previous thereto he was well man. After
the assault Hewitt began to lineer, grew
worse and finally died. The Court con-
cluded its decision by finding Boswell
guilty of manslauehter and imposing SEN
tence of confinement in the county jail for
twelve months, which the guilty man is
now undergoing