Phenix gazette. [volume] (Alexandria [D.C.]) 1825-1833, 1829-10-12

10 the store" Smith wen, up TO Vanderhoo
but not until the fall Of SelIeck's trowser
had been unbuttoned, and his bowels were see
Proruding through the wound.
II was proved that Seileck had his short knit
while on the heel Of the bowsprir, bu had pu
his thumb on the back Of it, and had shut i,
before the recontre-that after the scufn
Marks had a small knife in his left hand, an,
one witness (Mr Cornelius Davenport swor
that Marks had large knife firmly grasped IL
his right hand near his right side, with tn,
blade pointed downwards. This witness die
not see Marks left hand. bu, swore 2ositivel,
that he saw the large knife in his RICH, hanc
immediately after he Jumped back from SeIleck
Marks was seized and taken to the Police Of
hce. On hrs way thither, some Of the Grove
remarked tina, he had thrown his knife into tho
river, this Marks denied and Immediately pulle;
from his pocket Spanish knife with spring
back, saying that was his knife. This Span
ish knife as was proved by several wi nessess
| was stained al the point with fresh blood, wher
delivered a, the Police Office by High Constable
| Hays, TO whom the prisoner had given it in the
street. Woodart stated tina: when he got dowr
to his own vessel on the evening Of the scuffae
| he found that his trowsers had been cut, and
had no doubt thai they had been cut in the scuf'
| Be Abraham Vanderhoof swore that Mark:
and Woodward had been about the wharf.and a
Vanderh"of's store, the greater part OF the day
Woodward accounted for his and Marks being
| al the vessel, by saying that they were on their
way 10 the upper part Of the city, and were
passing by Chamber street, when Marks asked
him to go down and Sc how The schooner had
been abused since Marks lett her.
Some very strong expressions were sworn 10
by Abraham Wand, rhoof and his son William
as having been used by Marks, in relation @
the deceased, after his arr 81. w. Wander no."
asked him what he had been doing, and he an
swered have stabbed your brother in law.
A Vanderhoof, swore, tina, he said he had stab
6sd one, and meant 20 have killed or wished
he had killed another; another witness swo,e ia
similar Language, and that Marks pointed 70
William Nanderhoof as the person he meant
1t appears that young Vanderhoof as well
as The father had wis ed remove Marks
from the command; but both testified that he
gave up the command in pursuance Of an ami
cable arrangement. \. Naaderh"vf further
testified, tina, Marks produced the large knife
AT the police and sa;d " that is The knife with
which I stabbed Seleck" The counsc, for
the prisoner sought to Impeach A. Fanderhoot
BY I'll" es imony OF Justice Hopson and sever
eral officers who were presen, al the police OF
flee when the prisoner WAS taken thi,her, none
of whom heard the words attribuied 10 Marks.
They sought 10 impeach both Vsnd~rhoof aud
son, OH the ground Of their having uttered ex'
pressions of Marks on the evening Of the 2o,h
May, after the ARRAY, amounting 20 wish that
Marks had died, or that he might I've hanged.
DIS. Edmund Ludlow and Richard K. Hoffman,
. who attended the deceased from The 2o'h May
until the 27,h, when he died were examined -
Their evidence went 10 stew, that the wound
/ received by Sellcc& must have been made by a
large knife, by a thrust, and could not have
been made by pen knile, as The counsel Tor he
prisoner at first contepded. They also gave il
as heir opinion tina, he deceased died ot the
wound received il the abdomen on the 2o'h
May The prisoner Wa, proved by several
witnesses 10 have been OF an uniformly amiabl-
and quie, disposition. Several Wi nesse> les
,ifed 10 the same disposition in regard to Sci
i.ck. The chief ground Ut defence were that
Marks was, On the Gus ON house books, The lie,
gal captain, and was one third owner Ut me
v ssel-that S-lle, K had right TO order h'm,
or artemp, TO put him on shore that III defence
Of his tights and 10 secure The enjoyment OF
his property, Marks mad right TO use any wea-
pop--ths, the attack was begun by Se'ieck,
whose knife was partly open when he moved
from hr necl Of The bowsprit towards Marks
On he other hand, i, was commended, that Sci
eck was captain IN fact; ,ha, Marks had no RICH.
to order Or put him Oh shore, and that even 81
b. had no RICH on board, he was only tres
passer, aud that mere trespa,s would not Jus'i
~ the use Of d. ably wcapons-,hat they couin
be used only in cssr Of frlonious entry
The Cour, L. aued .owards the District A'tor
ney on the points Of law, and Judge Duer
charged the Jory in accordance with tn
grounds assumed by the prosecutor. The
prisoners cuun vel exercised the right OF chaI
icnuc, and the District Attorney in two instan''
crs challenged 20 favor, and The parties were
excused on the opinion given by the 'rryers that
they ought 10 be excused. We mention these
fac as evidence tina, the interest both OF thr
pu bile and the prisoner, were duly attended /"
by heir respective guardians. he tri'i com,
mrnced on Tuesday morning The Court and
Jsry lislesed patiently until midnight 10 'h'
evidence and TO The COUNSEL, wnen, on account
Of the la,eness OF the hour, the barge 10 the
Jury was postponed onui YESTERDAY morning