The daily banner. (Cambridge, Md.) 1897-2008, 1917-11-20

The case of the State versus Her
bert Dorman, indicted for killing
Martin Wheatley, was tried In the
| Circuit Court yesterday, and occu
pied the attention of the Court fol
several hours. The jurors were VIII
liam Hooper, of Hoopersvllle, fore,
man; Charles F. Wallace, James P
Handley, Harry c. Reid, John w
Bell, Albert G. Murrell and James NJ
! Foxwell, of the regular panel, and
Thomas Drennen, Samuel E. LeCom-
pie, Edwin l.. Linthicum, John 8.
Skinner, and William H. North. from
a special panel. -.
The case was tried by States At
torney A. Stengle Marine, represent
ing the State, and Attorneys Fletcher
& Jones, V. Calvin Trice and Will
liam. n. Andrews, for the defense.
The case was taken up early IL the
afternoon, but several hours were re-
quired to secure the jury, the regular
panel being exhausted early in the
afternoon, and it being necessary to
summon number of talesmen from
the crowd in the Court House and
persons on the streets.
The indictment upon which the de-
PENDANT was tried was murder, not
withstanding the fact that he had
been released On $500 bail by
Chief Judge Pattison only a few
days after the occurrence. From the
testimony given in Court yeste. day,
it appears that the cause of the srou-
BILE between the two men, if there
was any, arose over a shipment OF
wheat. While making a trip for
Captain Harvey Conway. by whom he
was employed Captain Dorman learn
ed that a vessel was wanted to run
wheat over in Kent county, ana SO
informed Captain Conway, who sent
Capt. Thos. Dodson, who took with
him as one of the hands, Martin
Wheatley.
A misunderstanding arose in con-
nection with the sacks, the honey
for them being held out of the frei-
ght. However, from the Testimony
in the Court yesterday, it was clear
ly shown that there was no trouble
over this, and that Dorman was not
in any way involved in the misulder-
standing. Upon going to Baltili ore,
Dorman had gone down to the pier
and found the Captain away ana the
men aboard under the influence OF
liquor. He reported this fact to
Captain Conway, and as the result
Wheatley seemed to bear malice.
On the morning of the trouble IL
was testified that Wheatley came
down to the wharf of A. Phillips &
Co., where the schooner A. H.
Shultz, Of which Dorman was ma ster,
was lying and -acted.in a very. ugly
and abusive manner, threatening
Dorman with bodily injury WhSn he
returned. H cleft and stayed away
short time. and-returned and re-
newed the QUARREL still contin uing
to threaten Dornfani, and finally star
ted toward him. Dorman. in the
meantime, had gone on2board OF the
boat and picked up piece of an oar,
which he put close by, and when
Wheatley advanced, with his hand in
his hip pocket, he picked it up and
struck him a glancing blow ON the
side of the head. Wheatley still con-
tinued to advance and he then struck
him oyer the head, the blow crushing
lin the skull and causing the injuries
which resulted in the death few
hours later of the wounded man.
= :" W
Miss NJ. E. Bradbury, who was pass
ing on Maryland avenue at the time
the blows Were struck; Philip Rob
: bins, who was at work On Tire
Drs. John Mace and Brice W. Colds
borough, Bailiff Brannock, and Po-
liceman Charles F. Shorter; Thomas
Figgelt, a colored man, who was
working on the wharf; Ernest Ell.
lott, Harvey Conway and John A.
Phelps.
The witnesses for the defense
were: Captain Harvey Conway, ST.,
Sheriff George w. Bradshaw, Rus
sell P. Smith, Charles r. Corkran,
Daniel Wright, Thomas Dodson,
Charles R. Shorter, Milton Sullivan,
Franklin B. Culver, William F.. Lam
grail and I. Jones Dashiell. =,
The testimony was completed
about half-past ten o'clock. and the
arguments started, each side using
about an hour. The ease was given
to the jury about half-past twelve,
and after being out about an hour.
they returned with "a verdict ..of mot
guilty - ~ =
States Attorney Marine conducted
the prosecution in a very able man
ner, but the impression seemed to
prevail among many of those in the
Court room that the evidence was
nearly all against him. Attorneys
Frederick H.. Fletcher, v. Calvin
Trice and Senator-Elect William N.
Andrews, who tried the case for the
defendant, were alert to every point
that was favorable to their client,
and handled the case so skilfully
that the States Attorney could moi
find a flaw in the strong chain of
evidence and argument which they
advanced for the prisoner.