The Republican. [volume] (Oakland, Md.) 1877-current, 1959-12-24


Skitarelic, Cumberland pathologist,
and Dr. Henry Freimuth, Cations
vile, toXicologist for the State
Medical Examiners office since
1914
DR.. Rivera was called to the
Schroyer tavern about / a m.
October IS. and saw the deceased
| lying dead on the floor in Il second
| floor apartment which he had oc-
cupied above the tavern. DR.
I Feaster took a blood sample from
the defendant at Garrett County
Memorial hospital at 3:15 a. m. De-
tober IS
DR.. Skitarelic performed the au-
topsy upon Schroyer's body at
Memorial hospital in Cumberland.
He informed the three judges that
.he deceased had about Ia percent
of ethyl alcohol in his blood. He
also performed some tests with
powder burns and concluded that
the revolver which killed the
tavern owner was held about four
inches from his head.
Cites Alcohol in Blood
DR. Freimuth testified about
tests he made October 28, immedi-
ately upon receipt of a sample of
Guards blood which was delivered
TO him by State police. He said
there was about ~ percent ethyl
alcohol in the defendants blood
which could cause decrease in
inhibitions, decrease in judgment,
and slowing of reaction time
Slower said it was determined by
cross examining Guard that the
latter admitted that he said moth
ing to either Schroyer or Codding-
ton before the shooting occurred
He also admitted on cross examina-
ton that he had fired his gun
number of times since he was ap-
pointed constable.
Other state witnesses called to
the stand were Trooper First class
Robert D. Henline, Clifford
Schroyer, IS, and Dale Schroyer
Is. two of the seven sons of the
deceased both of whom we're in
the tavern that night Mrs Myrtle
Schroyer, Friendsville, 62-year-old
mother of the tavern operator; Ray
Coddington, %, Friendsville, who
had been wrestling with the de
ceased in an apparent session of
"acting the fool" Walter Lee Cod
dington, II, and Robert Spear, 36, !
both witnesses to the shooting, and
Sheriff FrantZ. who had placed |
Guard under arrest about a. m.
October IS.
The final state witness, State
Police Sgt. N. J. w. Lloyd, fire
arms analyst. He said that it was
necessary to pull the trigger to
fire Guards gun because of its
built in safety feature.
First of the six defense witnesses
was Richard l.. Davis, clerk of the |
Circuit court He testified that |
Guard took the oath as constable |
on April %, following his appoint |
ment by the County Commission
ers. He read the oath which Guard
was required to take. The defend
ant had been relieved of his con-
stable duties since his arrest more
than eight weeks ago.
Other defense witnesses were
Thomas Schroyer, 10, Falls Church,
who was engaged in the fight which
Guard stopped; Sgt. Lloyd; Doug
las Schroyer first cousin of the
deceased, now residing in Cleve-
land, o., who saw the disturbance
and helped Guard find his revolver;
Everett Dale Dewitt, Mt Lake
Park, and the defendant himself.
Argument in the case was held
over until Tuesday morning. Par
ticipating in these final remarks
were Cooley and Lewis Jones, for
the defense; Slower and Dawson,
for the prosecution.
In the opening remarks by Cobey
as the trial got under way he said
Guard had broken up a tussle be-
tween two other men prior to the
fatal mishap, and that when
C,.brny,a1. and Coordination nana ont