Alexandria gazette. [volume] (Alexandria, D.C.) 1834-1974, 1834-10-07
CAPITAL TRIAL.
From the Springfield (Mass) Republican, Sep
TENDER goth.

From the Springfield (Mass.) Republican, Sep
TENDER goth.
The Supreme Court, consisting Of Chief Jus.
tee Shaw, and Judges Wilde and Putnam, held
special session in this town the past week, prn-
cipaly for the trial of two capital offences. The
first was that of Moses Elliot, aged about IL
years charged with the murder Of Josiah Buck
land, aged about 49, by shooting him with pls,
toll, on the 9Th day of April last josiah died
on the fifth day after the occurrence; tne Dan
entered his left breast and came out al the PACK.
The testimony in detail, would occupy seve-
raj columns. We can only give the substance,
as nearsas we can collect il from memory. On
the part of the Government II was SHOWN mat
the bows had formed the plan to run away toge-
Their TO which Josiah said he was prompted by
Moses; that they fired at a mark on Saturday
morning, near the house of Buckland, and soon
after went away together towards the "hop-
house, in the field, to continue their firing. No
thing more was seen or known oil either, Till
between IL and o'clock, when Moses ran past
the little sister of Josiah in Wanut-street with
out saying any thing to her.
He was next met, going from his fathers in
the direction Of the hop-house with spade, with
which he said he was going to dig worms,
although there was no evidence of his going
fishing He afterwards played ball with two
bows, to whom he said he had sold his pistol to
fellow down street In the evening, as Josiah
had not returned, and his father hearing he had
ran away with Moses, went to the house OF Mr..
Elliot Moses's father for information. He there
found Moses, who told him Josiah had run off
TO Boston, and said nothing Of the occurrence
of shooting him. Sunday morning, Josiah's Ell.
Moses coming from the "hop-house," who told
der brother w alter) being in pursuit OF him, saw
Walter he had been to the hop-house and that
Josiah was not there-that his clothes were I'M
der the steps, and he must have gone to Boston.
Upon being urged he went back with Walter to
the spot. On the steps the rammer was found,
and near by, on the ground, the pistol, which
Walter gave to Moses, and requested him to
help to continue the search for Josiah, which
Moses declined, saying he must 60 home and
go to meeting Soon afterwards, Walter found
Josiah near the fence, almost exhausted with
loss of blood and cold; said he had been shot by
Moses, and that he had lain under the hop house
steps during the night, on his clothes. He was
taken home by his brother and two men in
wagon, who were passing at the time.
The dying declarations of Josiah, as given by
several witnesses, were in substance, that he and
Moses went out to the "hop-house" to fire at
mark-that both fired several times-th at when
Josiah put up the mark by request of Moses, the
latter would fire so quick that josiah could near
the balls whistle by his head-that he told Mo-
SEES if he did not wait for him to get out of the
way he would not put up the mark; that they
had some talk about dividing Jcsiah's clothes,
Moses wanting the best suit, which Josiah was
unwilling to give, but that no hard words pass
ed between them, and he did not know what
Moses shot him for. That they went to the hop
house steps to fire again; that Moses threw away
the ramrod and told Josiah to pick it up-in do
ing which Moses shot him. Moses came and
said have killed you? to which Josiah replied
YOU have shot me, and now help me home, or
90 and tell mother; which Moses refused, and
ran off fast. This took place about II O'Clock.
In the defence, it was stated that from the
place of the wound, the position of the parties,
and the circumstances of the case, the dis
charge of the pistol must have been accidental;
that the shot could not have been given in the
manner described by Josiah; that Moses ran of
and refrained from disclosing the transaction IN
consequence Of fright natural to boy so young,
that the falsehoods he told in reference to the
spade-to Josiah's father in the evenng-to the
boys about selling the pistol-and to Walter
auckland the next morning, were also the result
of boyish fright. That the dying declarations
of Josiah were not entitled tocredit, because,
in the opinion Of the physicians, he was insane,
although if was admitted he had lucid Intervals,
and his mother and other witnesses testified to
his sanity.
The trial commenced on Wednesday morn
ing, and terminated on Friday. 1t excited great
interest and it is for this reason we have at
tempted a summary of the evidence. 1t it be-
lieved that the criminal annals of our State, and
perhaps Of the country, do not present anoth-
er instance Of the trial for murder OF boy so
young
The cause was sustained on the part Of the
Commonwealth, by Attorney General Austin,
and District attorney Dewey, with their usual
great ability. The prisoner was ably defended
BY O. B. Morris and George Ashmun, Esqs.-
The Attorney General had never before address
sed jury in this country, and the high opinion
which we had formed of his eoquence and
mental powers was fully realized.
he inru fterh sinc ab0ut two hours.
turned with verdict Of not guilty-and the boy
was Immediately restored to his afflicted pa
rents.