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MURDER IN SECOND DEGREthe Verdict of the Jury in the FrarConway Case.RECOMMENDEDTHE MERCYTHEerdict Rendered at I P. M. Tuesday—The Cephas Moore CaiMoore Dedared Insane—The Sells—Richardson Case.When court convened on Fridait tuarko i the beginning of the second day’s trial lt;*f the charge of nmr-d« r against Mr Frank .1 Conway.Ixmg before th* lt;onwoinK of courtthe talesmen directed to be summoned jesterday commenced to file into court.The prisoner was brought over from tite jail at atxuit 8:20. He seem-od notch dejected and paid but little attention to those about. Occasional-iy some one who knew him wouldwalk up to him and apeak to whomc*named Willie Smith and othtThi s circ was opened on the \nof the defense ty Senator l^ewis Qaifl that Conway and a friend nani M' Alf o went to Piedmont on Angt 13, at noon in a caboose, that Conw■r«FtatTHkept hi'r,tfl 4a pit a!►Cumberland.and waa ao-w»hile he rep)led pleasantly,seemed ill at ease and hehands going at a nervous rate.He way cleanly shavens, nt«*d the same neat appearancehe did when brought into court yester dayThe faithful brothers ofer were also on hand promptly at nine o’clock and were seat*d at his aide atthe trial table Thomas Campbell, of Barton, wa#tne first juror examined on his voir ♦lire. He t’ad not formed or express*ed an opinion and was aeeepted as a juryman by lHth sides, making the third Juror secured inJoseph Graham, aBClnetioua scruplespunishment.W, A. Bras hears. ofwas decided competent 'Kpit^ bv both sides.John Brin had formed an opinion.James Corfb id ha 1 formed an (•pinion. as had John X MoranWilliam Patterson, of Lonaconing, was decided competent, but was challenged by the StateConrad Orf had conscientious scruples about capital punishment.Henry Cates was challengedJ. Jf. Oliver, of near Cumberland, was decided competent, but challenged by the grate.Janies F. McCann was not competent.’antes W. Reed had formed an op ion. as had George B MeMulIin,Jama# J, Feldman, of Bckhart, wasaccepted by both sides.Wm. H Hide disqualified asW H DavD and W II RhineS r* rr.»wbaugh Of Cum-!erland was accented by both sides,F pev A. Raymond qualified, accepted by botb aid(*sGeorge F Dowdcn disqualified w•- Michael F. KnocktonRobert B Hudson challenged bytense as was also Jsxms Bishop Leonard fttegmaior dlwnmllfied did a!m 3. 8. Metier and James Sloan.James Jeffreys challenged by fens©. ’August Arnold accepted by aides.Christian Boeder challenge*) bv dtense ph w hs also Robert V. Daytonand John Barber fleo R. Crde dlsnttalHled as was also Jesse M. Dickon and 1 Vo.vd Dowdenj James Atkinson challenged bv dr-'tire also Robert P Dill and|sn do «nd Raley Humbert son.Stewart Dunn accepted bysidesAndres* Kraft accepted byside*.William P. Moran accepted by botJsides,Thomas Harris challenged bv State MJltcn James accept# 1 |»ySides.did not know his wife was want on business. While then way was tohl C at his wife na totel drinking beer with Miss Pr ton and some no n Clt; nway w« nt the room and saw Mias Preston driituga 1u notrrnabeer with a man who arms around her. Conway lt;♦ hat time notice his wife, a second visit saw her lt; it li Turner. Conway thenthe bartender not to sell his more lw*er and rebuked Turner for I ing with his (Conway’s) wife. Conway later saw his wife with *ranger iti a room at the Coro mere ' del. adhere he, Conway, protest against the conduct of his w ife Mrs Conway and Miss Preston th left the room and Mrs Conway w noticed with another stranger ai found the women in l*aughlln*s nla in company with two moreConway again protested. This tiiii kept ut all th* afternoon and Conwi persuaded his wife out of hU gre love for the woman.Shortly afo-r Con wav discovered h wife with Sherman Turner again g ing toward the town of Westernon and were walking toward the hillt*in the dimtion of where the shootir♦ ccurred. At the church step ConwiI Turner ami told him that 1 i Turner) had promised t“ leave h wifi alone. Turner replies) that ) knew he was tloing wrong. when MrConway snake to Conway in a mo d Ugraceful way. whereupon Conwidrew a pistol and shot the woman.Senator lewis then proceeded I t’eflne -he different degrees of muder and then said that when bad all the farts that it would cons♦ o the conclusion that the shoot in waa done in hot blood and that mai ‘daughter alone could be the hlatiei crime, of which the prisoner could 5■»nMContinuing Senator Lewis said tV*the dofemie would show that the nrioner bad not been of sound mind f*v -ars and that Insanity rau in thConway famHv on the mother’* sidlt; d *ie prisoner has had Illusions, claln n't* to te a song writer and makin’he statement that ho was fixed, hai Hi* received IIO.Ooo for one song, an♦ hat he and Ms little daughter wermalting good (theatrical engagement*It would 1e shown.* said Senator Lev ) - that jM'onb* affected as the priaone :i:e not responsible for his acts.v.DrTestimony Begins.£hnttpc of Western port, wa# %first witness called, who madi .st mortem examination of Mrs. Con! way's body.witness explained the nature o the wound which was in the left cheat and was a mortal wound. The halas not located. Witness consider**MW# !theVY vund instantly fatal.bothboth ness e:f h«bothThe Jury Cmplete.The jury earn;»’• to is as follows:William Me Far lane, Conrad Frey, \ i*. Morgan. Thomas Campbell, VV. A Hra.'hears. Jam* * J Feldman. W. S.Defiinhaugh. Kspev A Rava md. August Arnold. Stewart Dunn, Andrew Kraft and Milton James, VV. V. Bra shears is foreman.The jury being complete the indict-men) was again re id to tie* prisoner, after which the witnesses in the case were sworn.oOpening Statement.The opening statement was made to the Jury by State's Attorney Wilson, who said that (the State expected to show that Mr. and Mrs. Conway did not get along well together, that they had became separated and that Mr. Conway had applied for a divorce andalso that Mrs. Conway had later swornout a pence warrant against tjic prisoner Mrs. Conway went to Piedmont to attend a carnival and there met a dy friend with whom she walked about on the (roots of the twin towns.A non from Cumberland whom Mrs.Conway 1 new (Mr Sherman Turner)wont to Piedmont and the two and others go together .wen- having agood time alt; the Commercial Hotel, when Conway put his head in »» the door and said to hi* wife Th:.- is tie last meal you will evor eat Some tine* later Mr. Conway notffi n) Mi* liSughltn that his wife was inthf next room and that he (I uughmcihould not let (her have anything rnor* o drink. Conwav telling his wife thatthe had made her last move.Mrs. Concav and Turner afterward*vont upon n hill in Westornport andiat down on the steps of the Luther,arhurch, accompanied bv Mi-.s Mend *reaton. and a friend. The latter oc ■unied a sen a f«w f »-t nway.This ivns nhut FeJP on fh(* afternoon f August 13. A Mr Adams «;iw the rmr going up th.* hMI and also saw ‘nnwav following tlhem Sin* also «'«rd Conwav talking to hilt; wife am'»w h*m «hoet the woman In front ofhe church. The woman fell fnrw*r’nd 'be-l immediately. Conwav the* uiriml and ran around the church. !r. Ads»ms then followtnl Conway and «w* him put a niatol In bis pocket'lt;mw.iv was nlt;-vt heard lt;’f standingn a t*-«u \ |n this cit-v and later at t*u *11 «’jjprp ho gave himself up tQ tlit*herlff.fJ he* tragedy was also seen by a lit•• i I»r Slim v wa- next called. Wltncs;! lives at Piedmont Saw the dead wo• man and conai lerod the deceased t . have been in g od health. The “ed the nature ofcorroborating the* 'aternent, which was necessarily fa1 tal.! Sherman^ Turner waa then placednon the stand. Witness lives ir South Cumberland. Is :M years of iigcj Knew A!rs. Conway to snoak to heri previous tq tho time of the (ragedv' Raw* Afrs. Conwav at Piedmont the day she war killed Witness went tothe carnival at Piedmont, witness ismarried Bow Airs. Conway before dinner on the street. A gentleman* aid to he a carnival man and Maud Preston were together All vent to the Commercial hotel, who re all went to drinking in the hotel naHcr When witness came out of the hotel with the others. Conwav called witness to kin? and said’ **f?t«v away frlt; :n her she’s no good Wltne**.* then went bm-Si into hotel bnr with Conwav*. where they drank together. Witness next went up to an upstairs porch are’ slept a lag off Later witness thuntod for his brother In-law and also engaged a room for himself and brother-in-law. Then started to hunt his brother-in-law when he mot Mrs. Conwav and th » others,. Mrs. Conwav asked witness to go with them. They start*lt; i toward \V* stornport, when sortie one said Hero comes Frank.” Witness said: Stop right here.” Conway approached and said: Sherman,you’re doing wrong and I w ill tell onrwife Witnc.-s started away when he heard Mrs. Conway use a foul lt;'pithot.Cor.way replied in a like manlier andthe next thing ho heard was a pistol hot. Witness looked around and saw Conway with a pistol in his haul. Witness ran and looking around saw Conway coming. Witness ran toward Piedmont with the people shouting Lynch that man.” Witness said stopthe other man and witness won In stop. Some one? informed witness that Conway had been .stopped whenhe lt;witnlt; ss) quit running and waslocked up.At the Commercial hotel some on©stuck his head in the door and saidthat is sufficient.” Did not know if itwas tne prisoner or not.The witness was cross examined byColoncd Pear re. Cross examinationfailed to change his testimony.Miss Maud Preston, of Frost burg, testified about as follows: Fhe stated■hat at her house In Krostburg Con. way had threatened his wife’s life. She went to Piedmont, W Va . on Thursday morning. She, Cert Conway. Turner and a carnival man were ,il in ttbo parlor of tip* Commercial hotel drinking beer, when Frank stin khis head in the door. When wv left we saw Frank at the door and he call oil Sherman Turner away from* us
Newspaper Details
Cumberland Alleganian
Cumberland, Maryland, US
Thu, Nov 19, 1903
Page 15
Full Page
Clipped by
Elizabeth M.
USA 14 Jan 2020
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