The Democratic advocate. [volume] (Westminster, Md.) 1865-1972, 1920-11-05
AWARDS DOYLE 500
OSCAR BAUMGARDNER DEFENDANT IN
ISLANDER CASE.

After celebrating an hour and fif-
teen minutes, the jury in the suit for
$4,000 damages brought by Lawrence
IiR. Doyle against Oscar Baumgardner
for alleged slander, returned a YER
dict at Frederick, where the case was
tried, for $700 for the plaintiff.
The trial was based on remark
made by the defendant to the effect
that the plaintiff caused the fire
which destroyed mill and store at
West Falls, Carroll county, about two
and a half yearssag 1t was alleged
that he said, Why, old whiskers set
it afire":; here he (meaning the plain
tiff comes now. His sister Mrs.
iDova Barnes, the most important
witness for the defense, testified that
she saw Doyle strike the match which
caused the fire.
The plaintifR denied the testimony
of Mrs. Barnes. He stated that he
and his son were asleep in the store
building when the fire broke out, and
were aroused from their slumbers by
someone outside calling to them. It
developed Doyle originally purchased
the property for about $2,700 and af-
terward formed the Farmers Cooper
alive Milk and Supply Company, of
which he was president, with a cap
tai stock of $4,000 1t was also
brought out that he held a mortgage
on the properties Of the company for
$4,000 and that the buildings were
insured for $S,500 The company was
in the hands OF receivers at the time
of the fire, and settlement was made
in regard to the insurance for between
so and so cents on the dollar.
Doyle testified that he and his son
were looking after the property at
the time of the fire. a negro, named
Solomon Hammond, had been the
watchman, but was informed few
days before the fire that his services
would no longer be needed. When
the latter left Doyle and his son act
ed as watchman. Following the ac-
cusation made by Baumgardner,
Doyle claimed that his good name
and reputation had been injured and
he instituted suit for $4,000.
Solomon Hammond, negro, Wit
ness for the defense, testified he had
watchman for about MONTH About
two days before the fire he said,
son of Doyle told him that his ser
vices would no longer be needed.
The most important witness for
the defense was Mrs. Dova Barnes,
sister of Baumgardner She testified
that she resided just across the road
from the mill and on the night of the
fire had been feeling unwell and sat
beside the window in plain view OF
the property About 1920 she said
she saw man approach the mill and
go to the ~fOrebay" where a quantity
of broken boxes and other infamma-
BILE material had been piled along
side the building, and strike a match.
In an instant, she testified, there was
a flare Of flame and she recognized
Doyle, who Immediately left the spot.
She said when she first saw him
strike the match she supposed that he
was going to light pipe or cigarette
and the next instant the property
took fire and was destroyed.
She said that she was not mistaken
in her identity of Doyle and said that
after he struck the match he walked
away and came back and asked II
anyone had been seen about the prop
erty. She also testified that a day or
two previous to the fire she saw Doyle
carry some broken boxes and pieces
OF wood and place them alongside the
mill and also saw him carry q coal
oil can or tank to the same place She
repeated that she saw him strike the
match and walk away from the mill
after the fire started.
h Deputy Sheriff Edgar T. Mercer and
John Baumgardner the latter broth
er of the defendant, testified that the
general reputation OF Doyle III thJ
neighborhood of West Fails was not
good. Mercer said he had known him
10 to II years and Baungardner
claimed an acquaintance of about 20