The Democratic advocate. [volume] (Westminster, Md.) 1865-1972, 1920-05-21
LIFE SENTENCE FOR
BROTHERS
HIS CASE WAS TRIED BEFORE The
COURT IMPAIRED MENTALITY WAS
THE CAUSE OF THE VERDICT INSTEAD
OF DEATH.

Convicted Wednesday afternoon by
three judges OF the murder of Joshua
Merrymah, a 75-year-old recluse, ON
his farm, near Haight, Joshua Silas.
Brothers, 38 years old, was sentencea
to life imprisonment in the Maryland
penitentiary. The sentence was pro
nounced by Chief Judge William HI.
Thomas. Judge Thomas associates
at the trial, which started in the
morning, We're Judges William H. For
Esythe and Robert Moss.
Merryman was shot twice in the
stomach in the night of. March Is last
and died three days later at the UNI
versity Hospital Baltimore While ON
the witness stand Louis Boone, breAE-
er-in-law of the dead man, and Chas.
Nichols. his son-in-law, said Merry
man told them the day after the
shooting he had been shot by his SON,
Stanley Merryman.
Brothers and his wife, Elizabeth
Brothers, admitted they were at the
home Of Merryman when the shooting
occurred. They said they left imHe-
I QIdCClJ d1ISl bAC O1OOlEA4S W SCJ us
sistance for the injured man. Broth
ers was arrested the day following
and accused Of the crime. He denied
guilt until 10 days ago, when he
1 signed confession in which he said
he had shot Merryman and that he
fired three shots because the recliIse
had made improper advances to Mrs
Brothers.
In giving the decision of the coHrt
Judge Thomas said he and his col
/ leagues were convinced of the guilt of
Brothers even before his signed eeR-
1 fession was admitted as evidence
Speaking for himself and his col
leagues he said the life sentence was
imposed instead of hanging because
Brothers in his confession said her
shot Merryman because he had made
i advances to Mrs Brothers. The
Judge said the life sentence was given.
instead of the death penalty also be-
cause of the impaired mentality" OF
the accused.
When States Attorney Theodore Fs
Brown, offered the signed confessions
as evidence after Brothers had reDH-
dated it and said he was not guilty
Of the shooting, the prisoners at-or-
neys. John p. Magers, of Baltimore,
and William L. Seabreok. and 6. o.
4 Weant, endeavOred to have it ruled
ont on lie ground -.1' it wa - an
ed after promises had been made the
prisoner and threats made against
him.
In response to questions Deputy
Sheriff William D. Byers, admitted to,
the court that Brothers denied his
guilt until he was told the jury bad
been drawn and his trial and that ttd
authorities had secured sufficient evz-
dence to convict him. Byers admit
ted he asked the prisoner if he did
not want to see a preacher and then
advised him to confess as it would
make things easier for him." He said
Brothers then agreed to sign the com
lfession. Following a conference that
lasted over a half hour, the Judges
admitted the confession.
Brothers, while on the stand. said
he and mis- wife were sleeping on the,
second floor of the Merryman home,
where they were employed to assist
in the spring farming, when they were
aroused by the noise of pistol shots.
He said he found the aged recllTEe
standing near the front door. Merry
man told him, he said, that his SON,
Stanley, had shot him.
In response to a request Of Merry
man, he said he and his wife went TO
the home of Eb Hardy, colored about
ia miles away, and told him Stan
ley Merryman had shot his father He
corroborated Hardys statement ON
the stand, that he asked the colored
man to summon Sheriff Bloom and
also the statement that he and Mrs
Brothers remained at the negrOfe
house until they were arrested there
the next afternoon, without returning
to learn the condition Of the woundea
man. He said he was afraid to re-
turn to the house out of fear that ne
would be killed Mrs. Brothers then
| took the stand and backed ND her hns-
bands statements. She said he WRs
in bed when the shots we're fired II
was said that several days ago Mrs
Brothres had said her husband did the
Brothres had said her husband did the
shooting
The State produced witnesses who
said there were several houses in the
immediate vicinity of the Merrynan
home, where relatives Of the injured
man lived and that Brothers could
have secured assistance there much
more quickly than by going to the ne
gro,s home. The State scored when
it showed that Brothers and his wife
left the aged man bleeding all night
while they remained at the home pr
the negro. The condition Of Merrynan
was not discovered and assistance CIV
en- him until 10 o'clock on the MORN
ing after the she0ting. when MY
Boone went to the home and found
him.
Stanley Merryman, who was accrs-