The republic. [volume] (Washington [D.C.]) 1849-1853, 1852-01-31
(REPoRTEp roR THE REPUBLIC
TRIAL FOR MURDER continued.
CRIMINAL COURT-JAxvAuv 80.
SECOND DAY.


CRIMINAL COURT-JANuARy 80.
SECOND DAY.
J. W. Atchison. ssooyn.-Saw the party passing
through my field; heard voice saying 'Let me
alone;' II was apparently the voice OF boy; went
towards them; the boy shot had gun breech up.
wards. as though trying to keep somebody off;
Wells was reaching after the gun; he secured it,
struck at the boy, stepped back, and shot. Mum
was striking ut Wells at the time. Went
up; told Wells, "You scoundrel, see you have
shot a boy" Wells replied he had shot him. but
"didn't care \ d-n ii he had" Was told OF il
again, when he (WelIs) said he "didnt care
d--n; they might shoot him, hang him. or do what
they d-n pleasc;" he also said he was sorry for il,
and went 10 the boy who shot and asked him
If be could save him. do any thing for him. Saw
Keating there; he was about forty or fifty yards
from the place where the boy was shot. Witness
was some hundred and seventeen or twenty strides
distant. Distinctly heard the boy halo. There
Wells stopped back after striking at deceased; he
was too close to shoot him when fret striking.
BY Defence. Distinctly saw muzzle Of the gun
beyond the boys body when Wells first struck at
epped back, and appeared TO be in great passion;
he did not attempt to get off. Can't say which of
tho boys it was who said "Let me alone;' deceased
at that time had his gun up; can't say whether he
was striking with the gun at prisoner After
cond voice, distinctly heard Mundel cry out to
prisoner 70 let him alone. The throwing at pris-
0ner, the raising the gun, and the shooting, were
done almost ut same moment OF time. Thinks the
stone thrown at Wells was not with much force;
this opinion formed from supposng the boy to have
slipped in the mud when throwing; the impression
was from seeing footprints afterwards. Boy Hoeke,
was advancing upon Wells when he (Wells) was
stepping towards Mundel. Could not say, posi-
lively, whether he had said before the coroner de-
ceased struck at prisoner with the butt OF the gum
might have said 20. Did not say before coroner
that deceased stepped forward to strike prisoner;
said Mundsl made butone attempt to strike. After
prisoner examined the boy, when shot, said he was
sorry, and asked the boy If he could do any thing
said he ddntcare d-n about having shot him.
Prisoner, IN leaving the place where the boy was
shot. said he did not know that the gun was load
cd that he would sooner have the shot in himself;
and that he friend of the deceased. Believes
they had been drinking; smelt liquor.
BY the Prosecution. When the prisoner exclaim-
cd he didn't care for having shot the boy. blood
was running from the side Of the deceased
Jacob Hartman, sio0rn.-First saw Mundel-gun
rascd-strking once or twice. Prisoner
caught the gun by the brcech; struck at boy;
stepped back, and shot at him. Witness was about
q Hundred and twenty PAGES of. Saw boy fall
when the gun was fred. Prisoner threw gun
down after shooting. Witness went up; prisoner
said didn't care d-n; they might hang or
shoot him. Prisoner walked short distance, sat
down, and asked somebody to shoot him; he then
went to boy, and said Sam, can save your
By UVsnce.-Was Atchson when il frap-
pened. Hughes, Wells, and deceased were the only
peryOno present wncn witness went up 10 tncul.
Mundell was in q line nearly between witness and
deceased when the gun was fired The gun pass.
ed the prisoner when stricken at All witness saw
Wells do was catching at the gun; didn't see him
jumping forward.
Robert Taylor, s,oorn.-Bcard w ellis say he had
shot him, and would do it again if put before him;
and wished it was the father, instead Of The son.
This was half hour after the boy was shot;
this in town, at Mr.. Buckley's. Don't think
Mr.. b. was there.
By Defsnee-I am fifteen years old; went to
Buckley's because heard of Sans being killed.
The dead body other side Of the bridge.
Can't say whether prisoner ia the same man or not
who said he had shot him, &c. Could not rccog
Mise prisoner; didn't see prisoners face when
using Language statcd-hc wa: seated with hands
to hi. face. There was no other person near to
cause liked the boy; no companion. but knew him
we'll. Prisoner was sitting under Mr. Buckley's
porch when he used these words.
By tie Court.-Cant say who the man was that
used this Language. Don't know prisoner.
Joseph MunGel, stoorn.-Father Of deceased; son
was fourteen years Of age when killed; he was
small for his age. Didn't see the party when GO
ing of. About four O'Clock in the afternoon Wells
came to barracks; asked to take his gun; told him
couldn't permit him. am sargeantin the bar
vacks
By Ddmce. Thinks Wells bad been drinking
when he came for the gun. He came again, and
asked for gun, the private property of a man
named Foy. j refused TO let him have it.
Dr. Hiisor,, stcorn.-The wound Of boy was in the
l04t lower side OF the neck bone
wound about two or three inches in diameter. First
saw boy on the ground, soon after the accident.
There we're lcaden shot in the wound, with frag-
Insnts Of waddng. wound Of the kind necessa-
riIy causes scarcely loaves time to make an
explanation afterwards.
Bv Dsfence Was riding near when the affair
happened when arrived Wells was sitting on
atone; some person pointed him out, when Wells
said "Yes, shot him | didn't think the gun was
loaded wish somebody would shoot me-" Wit
ness suggested removing the body to the barracks,
when Wells said, "Ycs, / want to go;" and he
followed along with the party; he made no attempt
10 escape.
James Hughss, recalled by Prosecution. at
Buckiey's at about an hour and half after dark;
prisoner there; didn't see boy Taylor pris
oner was sitting outside the house. near the door,
and remained there until coroner came.
BY DCsncs.- Never heard prisoner say any
thing stated by Taylor. Witness was talk
ing with constabies; can't say who they were;
don't know them.
Mr.. Fendsli said that the prosecution had con-
eiudcd is testimony.
Mr. Morgan asked to have J. A. willett called
Mr.. Fcndall said Willett had been summoned
by the prosecution, and objected to the defence
Mr. Morgan said the defence had not summoned
him because it was taken for granted he would be
here, he was officer in the case; and appealed
the court to the right to call him to the stand
The Court said the witness might be called, az If
by the Government, to be under rules OF testimony
Mr.. Morgan subsequently waved the request,
understanding nc could not answer 10 certain
points.
The Court said other witnesses summoned by
Government could be called TO be crose examined
by defence.
Noble Andsrson, stcorn.--First knowledge OF the
din iculty heard that the deceased and prisoner
were lighting with gun; and witness testimony
differed in no material point to what transpired
at the sceNc of the shooting from other testimony
given. 49, -
taken notes at inquest, and they show that Atcbi
son then testified that deceased struck ut prisoner
with the gun The tea timony was read to witness,
and assented to as true.
Nm Reach. s,porr- Saw Wells when going out
cunning; he seemed to have been drinking.
C,oss-sraminsd by Prosecution. no was
positively drunk. IL about half past Iour
J. W. Afohison, recalled by the Prosecution. The
word strike used before the coroner, was quail
fed by saying il only intended to show tho
motion made by the deceased in the scufiie.
By D,fsncs.-Hsd used the word strike only as
now explained.
james buchanan, snorn.-Know prisoner since
lS4S he was then a bailih when he came into my
office in B,ltimore. | wae N mapistrate when no