Daily American telegraph., 1852-01-31
TRIAL FOR MURDER.
CRIMINAL coURT-JAsuAar %.

Mr. Fendall, United States District Attorney,
and James M McKim, prosecuting. Edwin e.
Morgan and Samuel Chiffon, for defence.
The prisoner, being arraigned, pleaded not
guilty"
The Jurors were called and, upon the motion
of Mr.. Morgan, the following questions were
propounded to each, by the Court:
Have you, at any time, formed or expressed
an opinion, or even entertained an impression,
which may influence your conduct as q Juror in
the trial of this case Have you any bias or
prejudice in your mind for or against the pris-
oner? Have you any scruples of conscience about
convicting man Of murder, the penalty of which
is death %
The following jurors answering the interroga-
tories negatively were duly sworn to try the
case /: VIM. Burroughs, A. l.. Ray, Charles NJ.
Wright, Robert M. Harrison, Peter Magruder,
Harrison Taylor, Daniel Hauptman, Thomas Il.
Jacobs, H. D. Gunnell, Barton Hackney, Benja-
min f. Morsell, and Thomas p. Morgan.
At the suggestion of Mr.. Morgan, the wit
nesses, upon being sworn, were ordered from the
courtroom under charge OF a bailif
Mr.. Fendall stated what the United States ex-
pected to prove, and read the law in such cases.
Mr. Chiffon stated what the defence expected
to prove, and reviewed the position assumed by
the prosecuting attorney.
James Hughes was called by the United States,
him, John Heating, boy Hoeke and prisoner, on
a cunning excursion, about A o'clock; crossed
the eastern bridge loaded gun before heard
some words at getting over fence; deceased and
prisoner were some eight or ten yards in the
rear Of me; called to Wells to come along, and
never mind the boys. Saw deceased striking at
prisoner with butt of his gun prisoner caught it,
took it from him, stepped back, took aim and
fred. Hoeke was also striking at prisoner.
Heard prisoner ask deceased for gun; he declined
giving it, saying it was broken; told Wells if
he wanted my gun he Gould have it, rather than
dispute with the boys. Deceased said he wouldn't
mind lending his gun to me. First word heard was
by deceased, saying, " Don't shoot me, the gun is
loaded :" turning round, saw Hoeke near the de-
ceased. Didn't see prisoner strike Hoeke. After
dischargng the gun, prisoner ran to the boy,
raised him up, and exclaimed, /" God d-n, /
have shot him /; ! am sorry for it." Two persons
conveyed the deceased across the bridge to town.
Prisoner carried no gun.
Ans,cers 10 questions By Defence. prisoner,
upon finding the boy was shot, cried, shed tears;
called upon bystanders to shoot him; said he
would sooner have the load in himself than in the
boy Deceased fell with wound next the ground;
the oath of prisoner was uttered as he approached
deceased prisoner was in a great passion had
liquor with us; could not say whether prisoner
was drunk or not. Positive as to hearing de-
ceased tell prisoner not to shoot him.. Prisoner
had had difficulty with both Mundel and Hoeke.
Thinks should have known if Wells had struck
Hoeke. The two boys deceased and Hoeke)
were acting in concert; one was in front of the
prisoner, and the other on his sight side.
Answer TO Jurors.-Could not say as to quarrel
in crossing the bridge; know no reason why the
deceased made difference in declining to lend
his gun to the prisoner and offering to loan it to
witness.
Wm. Hoeke, sWoyn.-I am thirteen years ofage;
was with Mundel; deceased had a gun. Hughes
was along, and loaded his gun near the engine
house. Wells said we were going across the
bridge, and told deceased he had better load, as
he might have chance Of shooting some kind OF
birds in crossing the bridge; Mundel and Keat
ing loaded; Wells was close by; Hughes was
then with us on the bridge Wells asked Mum
del to lend him his gun. Mundel said, ait is
not mine-you might break it. and shall have
to pay for it." Wells asked two or three times
for the gun-Mundel continued refusing to lend
it. Wells reached to take it. Hughes asked Mum
del if he would lend him his gun, if he should
lend his to Wells; deceased said yes (; but pris-
oner declined the proposition. We reached the
field. Heating, Hughes, Wells, and me got over
fence. Hughes went up the hill little ways
Wells again asked for the gun, and reached for it.
Deceased was on the other side of the fence, and
stepped back. Mundel afterwards got over the
fence. Wells called us brats Hughes was four
or five yards ahead of us. Told Wells we were no
brats, Hughes told Wells to come along and let
the boys alone. Wells walked up the hill; Heating
fred at bird, or something Heating was
ahead of us all he loaded again. All went along
together. Got to some trees. Prisoner again
asked deceased for the gun. He declined. Wit
standing on the right side Of the prisoner
ol1o %, I'll he
he (prisoner) struck witness with his right hand
across the mouth and nose. Something led wit
ness to apprehend that Wells intended to shoot
or kin Mundel, and witness picked up stone and
struck the prisoner on the right side of the neck
as Wells sprang forward. Deceased was about
yard from witness Deceased was facing the
prisoner Mundel had hold of the muzzle of his
gun, with the butt Of it up. Mundel let the butt
of the gun drop as Wells sprang towards him
Wells caught the butt and wrenched the gun from
the deceased took deliberate aim and fired al
deceased. Witness was too confused to recollect
whether Mundel then said anything; when he
fell, witness ran to Heating, who was the other
side of the bushes. Told Heating what had hap
pened. Heating fred his gun in the air. Witness
ran to tell deceased's father found him at the
barracks gate; told him. Did not go back.
By the Detence.-Had not said anything to
Wells before he called us brats except telling
him we were going along before crossing the
bridge. Might have said at the inquest that
Wells was springing at deceased when witness
struck him. Didn't strike him from anger, but
merely to turn his attention. Can't assign any
reason why supposed prisoner intended to kill
deceased when he sprang at him, only that he
had struck me, and was Jumping at my compan-
ion Can't say whether Mundel raised his gun
before he stepped forward, or Wells sprang ut
him. Wells, in stepping forward, was going in
the natural direction Of his company Saw no
drinking.
By the Court.-Can't say why supposed Wells
Intended shooting or killing Munde when he
sprang towards him. Didn't throw the stone be-
couse If bain0 str,,ok