The Cecil Whig. [volume] (Elkton, Md.) 1841-current, 1915-12-25
QUICK PUNISHMENT
FOR NEGRO'S ASSAULT

Inc circuit CouIJ Cooh RECESS on
Friday noon, as soon as the jury in
the case of Stroud Farm Agency
Brown and BARLEY, local agents) VS..
Oliver Jones had brought in it's verdict
the verdict being for the plaintiffs in
the amount of SlOO.
Before Court reassembled on Mon
dav. the officers had apprehended Ell
mer Biddle, colored, against whom
the Grand Jury had found true bill
for assaulting and raping Bertha Mar
tin. as related in last weeks WHIG.
Biddle was recognized ard arrested
bv a B. & O. policeman. while working
on the wreckage near Chester, where
its late accident had occurred on the
B & O. R. R. Deputy Sheriff Meal
lister brought him to Elkton on Sat-
urday night. On Monday, just after
dinner. he was arraigned and put on
his trial, States Attorney Henry L..
Constable conducting the prosecution
and James +. Evans and JoshuaClay-
ton being assigned to defend him. The
following jury was finally agreed on
for his trial: George Ricketts,, (fore-
mani. Charles Fitzgerald. Samuel All
kin, A. w. Caldwell. f. C. Williams,
Alex Gregg, Washington Borland,
Henry George. Perry A. Gibson. Sam
uel T. Shippers. William H. Simcoe, c..
w. Purner
After an opening statement by
States Attorney Henry L. Constable.
prosecution-the B 90. noliceman
who apprehended Biddle. He sworc
that in the office of Chief of Police of
Chester, while undergoing an exam!-
ton, without any force, threats or
promises, Biddle confessed that he
had accomplished his purpose, but
without using any force. The next
witness was Deputy Sheriff McAllis-
ter, who said Biddle. hl the auto on
the way back to Elkton, told him he
had run away because he thought the
Sheriff would be after him. When
McAllister asked why he thought that,
Biddle said. "For what done to that
girl Asked by McAllister if he had
accomplished his purpose. Biddle said
"Yes".
Alfred Taylor, the next witness,
swore that he was running the car
and heard the conversation detailed
by McAllister.
The Court then retired to the
Grand Jury room to hear more prl-
vately the testimony of Bertha Mar
tin and Mrs. Clinton Dunbar. Only
the Court. Jury, Attorneys, newspaper
men and a few others were admitted
Bertha Martin on the stand told of
her age and of the attack by Biddle
and Of telling Mrs. Dunbar right after
the incident.
Mrs. Clinton Dunbar told of the
girls story to her and of going at
once to the barn, calling Biddle and
accusing him of the crime. He denied
it, with evidence of laboring under ex-
citement. She returned to the house
and at once sent her little son, Clin-
ton Dunbar, Jr., aged II years, TO
Elkton to notify his grandfather. eX-
Sheriff Morris Dunbar. as she knew
her husband was on the jury and could
lot pTobah'v be reached.
Clinton Dunbar, Jr. testified to go
ing to the stable about the time of
the occurrence, met Bertha coming
out crying and saw Biddle climb over
stall into feed room and go up loft
Had heard no outcry in barn.
For the defense, DR.. H. Arthur Nit
chell was the only witness called. He
examined the girl the afternoon Of
the day after the assault, did not find
her in ~articularly depressed condi-
tlon, answered his question j. 4 rat
ional way, as to the Doctors testimony
concerning the results of his physical
examination the WHIG is silent, for
ObViOU reasons.
The defense did not put Biddle on
the stand. The case was then submit
ted without argument from either
side. The court instructed the jury
that the indictment contained four
counts-1D Rape; (2) Attempt at
rape; (3) Having criminal knowledge
Of girl under Is and over Ia; (4) At
tempt to have carnal knowledge of a
gIr. under l6 and over IA. The first
two counts are common law crimes
and punishable with death; the last
two are statutory, that is made
crimes by Statute in this State and
punishable with a maximum sentence
Of y years in the penitentiary. The
Jury can find guilty on either one of
the counts, or can find not guilty, said
the Court. After being out about ona
hour the Jury brought in verdict of
guilty and the Court sentenced Biddle
TO u wears confinement in the Mary
land ppnitpntiarv