The republic. [volume] (Washington [D.C.]) 1849-1853, 1852-01-30
TRIAL FOR MURDER.
CRIMINAL COURT-JASvARr %

|
TENDER last.
Mr.. Fendall, United States District Attorney,
and James M. Mckim, prosecuting. Edwin Z.
Morgan and Samuel Chiffon, for defence.
The prisoner, being arraigned, pleaded "not
guilty"
The Jurors were called; and, upon the motion OF
MIR. Morgan, the following questions were pro-
pounded to each, by the Court:
"Have you, at any time, formed or expresssd an
opinion, or even entertained an impression, which
| may influence your conduct Juror in the trial
| OF this case? Have you any bias or prejudice in
| your mind for or against the prisoner Have YOU
any scruplcs of conscience about convicting a man
| OF murder. the penalty of which 10 death?'' AZ
| The following Jurors answering the inter ropa.
tories negatively, duly sworn to try the case
VIM Burroughs. A. l.. Ray, Charles M Wright.
| Robert NJ. Harrison, Peter Magruder, Harrison
| Taylor, Daniel Hauptman, Thomas K. Jacobs, H.
d Gunnell, Barton Hackney, Benjamin f. Nor
| scll and Thomas p. Morgan
| AT the suggestion OF Mr.. Morgan, the witnesses,
| upon being sworn, ordered from the court
room under charge OF bai!iH
| Mr., Fendall stated what the United States ex-
| pected 10 prove, and read the law in such cases
MIR. 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,
and sworn. He knew the deceased; was with him,
John Heating, boy ioeke, and prisoner, on a gun
ming excursion, about O'Clock; crossed the east
ern bridge; loaded gun beiore heard come words
| at getting over fence; deceased and prisoner
were some eight or ten yards in the rear of ne;
| 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 fired. Hoeke was also
striking at prisoner Heard prisoner ask deceased
for gun; he declined giving it. saying it was broke;
told Wells if he wanted my gun he Could have il,
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- inc gun Is loaded" turning round, saw Hook Q
near the deceased Didn't see prisoner strik
Hoske., Alter discharging the gun. prisoner ran
to the boy, raised him up, and exclaimed, "God
d-n, have shot him; am sorry for it." Two per-
sons conveyed the deceased across the bridge 10
town. Prisoner carried no gun.
AnsDers TO questions by Defence. prisoner
upon hnding the boy was shot, cried, shed tears;
called upon bysandcrs to shoot him; said he would
sooner have the load in himself than in the bow
Deceased fell with wound next the ground; the
oath Of prisoner was uttered as he approached de-
ceased; prisoner was in great passion; had liquor
with us; could not say whether prisoner was
prisoner not to shoot him. Prisoner had had diff
Guilty with both Mundel and Hoeke. Thinks
should have known if Wells had struck Hoeke
The two boys deceased and Hockey were acting
in concert; in front of the prisoner th..
other on his right side
dns,Der TO Jvors.-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 10 loan il 10
witness.
HIN. Hoeke sacorn.-I am thirteen years OF age;
was with Mundel; deceased had gun. Hughes
was along, and loaded his gun near the engine
house. Wells said we were going acroas The
bridge and told deceased he had better load as he
might have chance of shooting some kind of
birds IN crossing the bridge; Munde and Heating
loaded; Wells was close by; Hughes was then viii,
us; on the bridge Wells asked Mundel to lend
him his gun Mundcl said, cit is not mine-you
might break it, and shall have to pay for
H.. Wells asked two or three times for the
gun undel continued refusing to lend IL
wells reached to take it. Hughes asked Mundes
II he would lend him his gun, If nc should
lend his to Wells; deceased said yes; but pris
field. Heating, Hughes, Wells, and me got oysr
a fence. Hughes went up the hill little ways.
Wells again asked for the gun, and reached for it,
Deceased was on the other side o; the fence, and
stepped back. Mundel afterwards got over the
fence Wells called brats. Hughes was four
or hive yards ahead OF U.s. Told Wells we were no
orats. Hughes told Wells to come along aud let
the boys alone. Wells walked up the hill; Heating
hired at a bird, or something. Heating was ahead
OF US all he loaded again All went along 10
gether Go, TO some trees. Prisoner again asked
deceased for the gun. lie declined. Witness was
standing on the right side of the prisoner. Wells
sprang towards deceased, and he did 30 lac
lprisoner) struck witness with his right hand
across the mouth and nose. Something led wit
meas to apprehend that Weiis intended 10 shoot or
Kill Mundel, and witness picked up n stone and
struck the prisoner on the right side of the ueck
Wells sprang forward. Deceased was about q
yard from witness. Deceased was facing the pris
oner. Mundel had hold of the muzzle Of his gun.
with the butt Of it up. Munoel let but, If gun
drop as Wells sprang towards him. Wells caught
the butt and wrenched the gun from the deccaseds
took deliberate aim aud fired at deceased. Wit
ness was too confused To recoect whether Mundel
then said any thing; when he fell, witness to
keating, who wac the oiher eide of the bushss Told
keaung what had happened. Heating fl red his
gun in the air. Witness to tell deceased. Ia.
ther; found him at the barracks gate; told him.
Did not go back.
BY the Offence. Had not said any thing to Well.
before he called us brats, except telling him we
were gong along, before crossing the bridge Might
have said, at the inquest that WeIs wac spring nR
at deceased when witness struck him. D,dnt
strike him from anger, but merely to turn his at
tenuop, Can't assign any rcaaon why supposed
prisonsr intended ~ kill deceased when he sprang
q, him, only that he had struck me, and was lump.
ing at my )mpanion. Can't say whether Mum
del raised bis gun before he stepped forward or
Wells sprang at him. Wells, in stepping forward,
was going in the natural direction Of bis company.
Saw no drinking.
by The Co'pt-Can't say why supposed Wells
intended shooting or killing Mundel when he
sprung towards bin. Didn't throw the stone be.
cause Ol being struck.
John hsafsng. s,oorn.-On 18th September tb.
party named left the barracks together; began TO
load at engine house, but Wells told them 10 re-
rain, az they might be fined, and he told at the
bridge to load We did 80. Witness md U,,ches
offered prisoner their guns; he declined, but want
ed decoased's gun. Heard Mundel and Wells quar-
relhng after crossing the bridge Went to field
and fired at . bird; loaded again; heard Mundcl
cry out, "Oh, Wells, don't shoot me-" Saw hands
Of deceased raised Was about fifty yards of Saw
Wells fire and the boy fall. Ran up; fred my gun
in the air. Wells said, "God d-n, I have shot
him, and don't care d--n" Certain as to the
words. Went after father Of the deceased; found
him; went back; body had been removed.
BY Dgcnce.-Didnt sec prisoner turn dead body
over; didn't bear him lamenfing the circumstance;
never had any violent difference with tho prisoner;
have bad eight quarrCls. Wells did not change
hs position from time Of firing uu, witness reached
the spot was about fifty yards of when prisoner
shot, Had quarrellcd. bot went oct friendly with
prisoner; worked with prisoner.
I'm. Hosks recalled BY Defence Tho party 20, a
pint OF liquor to take with them; didn't see any
body drink; didn't drink myself; didn't see Wells
apply the bottle to the mouth Cf Mundel, after
Icing shot; didn't do mysclf; seldom drink, es-
cept when at sea; didn't drink ale before going
out n gunningi didn't recoect an ything about the
liquor until called To mind
James Hugho recalled BY D,fence - Saw no per-
son drink OF the liquori bad IL when boy was sIro
and then flung the bottle away
~ The Cowt-Decoascd stepped forward az he