The Republican. [volume] (Oakland, Md.) 1877-current, 1950-03-30
WALBURN GIVEN
EIGHT YEARS FOR
BEATING BABY
Found Guilty on Assault Charge
Before Judge Bruce on Tuesday

James Roscoe Walbun, %, insur-
ance Inspector, was found guilty Of
common assault, the fifth count of
his Indictment in the Circuit court
here Tuesday afternoon and was
sentenced to serve eight years in the
House Of Correction. The case was
heard before Associate Judge Oliver
II. Bruce, Jr, who passed sentence
Immediately after completion of the
trial.
Walburn was accused Of beating his
five-months old baby into uncon-
seriousness while residing in a cabin
on Deep Creek Lake last October.
The child is now blind.
Walbun was arraigncd before the
court ON five counts, assault with in
tent to murder, assault with intent to
MAIN, assault with intent to disfgurc,
assault with intent to disable, and
common assault or assault with in
tent to beat and bruise. The State
abandoned the first count and he was
found not guilty on three counts.
Defended by Walter w. Dawson
and Richard Pagenhardt, attorneys
appointed by the court, Walburn
testified he had not beaten the child
but was playing with it.
His wife, Mrs. Theresc j. Walburn,
y. called as witness by w. Dwight
Slower, states attorney, told the court
of incidents on the night of October
% at the Cabin.
She said her husband shook the
child violently by the shoulders. He
squeezed his son between his knees
and hands. He held it by one foot and
shook it. She said he slapped and
mauled the baby. The young mother
told the court her husband was trying
to stop the child from crying and she
told Of pleading with him to stop the
beating and abuse.
The state introduced evidence
showing that Walbmn one time had
shot at his father, and that he also
had been sentenced on one occasion
in 1916 to 30 days in jail for assault
and battery upon his wife when the
couple lived in Martinsbug.
Dr.. Luis Manganello, neuro-sur-
geon from the University hospital,
Baltimore. Mrs. Carl Harvey, owner
of the Deep Creek cabin where the
beating occurred, and Deputy Sheriff
Paul w. Fisher testified for the state.
DR.. Manganicllo told the court the
child is blind and that parts of the
brain tissue are destroyed as a re-
suit of blows. He said several oper-
ations were performed in an effort to
bring the baby back to normally after
it had reached the hospital in Balti-
more The baby was taken to Martins
burg hospital and later to the Uni
versity hospital after remaining UNI
conscious for two weeks.
The child, James Kenny Walburn,
recently was returned from the hos
pital and was in the court room
Tuesday during part of the trial,
Walburn who gave up to authori-
ties shortly after the complaint was
made and who had been under bond
for his appearance before the March
Grand Jury, was indicted by that
body and remained under bond until
his trial here Tuesday.
Following sentence was passed his
attorneys said they would file a
motion for a new trial on the grounds
that the sentence was excessive.
The case attracted considerable at
tention and the Court room was
crowded.
Other Cases on Docket
Other cases on the crimina! docket
included the following:
State versus Henry Oran Martin,
Jr., charged with carnal knowledge;
plea of guilty entered, traverser
sentenced to the House Of Correction
for eighteen months, sentence sus-
pended until September Term of
Court. lie was released under $1,000
bond.
State versus Blaine NJ Wilt and
Glen NJ. Shugars, charged with rob-
berry and larceny. Case continued be-
cause prosecuting witness was unable
to come from his home in Illinois to
testify.
State versus Gilbert Grove, charged
with bastardy. Case continued as
Grove petitioncd for blood test.
William Alex Miller, charged with
bastardy case dismissed for lack of
jurisdictions.
State versus Avic Wilt, charged
with non-support of two minor chill
dred Tried before court, verdict not
guilty.