Daily evening star. [volume] (Washington [D.C.]) 1852-1854, 1853-07-21
THURSDAY, July 81, 1853.

| Inc Court then adjourned until ten O'Clock
this morning.
| THURSDAY, July q, 1853.
The court opened quarter after ten o'clock.
| John b. SULLIVAN, was sworn. IA pamphlet
was shown him published by Captain Schaum-
berg against Fuller. The hand writing on
the pamphlet is mine; got the pamphlet at
Jones' Hotel, in Philadelphia; was asked by
Schaumberg about the communication, and
told him that l had not seen it; was then told
that he would send me copy; next morning
found in my box at Jones Hotel, the pamphlet;
had no conversation before or after with
Schaumberg upon the contents of the pamph-
let. Another pamphlet was then shown to
witness, which he acknowledged to have re-
| ceived at the same time at Jones' Hotel in
Philadelphia He said he had received the
| pamphlets in the month of November, 1852
| He saw Schaumberg freqently at Jones' Hotel
| as he was IN there every day. He had, how
| ever, no communication with him about his
| pamphlets.
The defence interposing no objections, Mr.
Chiffon for the prosecution, proceeded to read
| passages from the pamphlet bearing particu-
| larry upon the cause of the difficulty between
| MIR. Fuller and Mr.. Schaumberg The pamph
| let contained communication addressed to
Hon. S. W. Downs, United States Senator, no.
| ticing libelous and deceitful publication en-
| titled Statements of facts relating to the
| claim of James w. Schaumberg to be restored
| to the Army by X. H. Chiffon, J. w. Gar
diner, and John Love, officers of the United
| States Army, intended to prejudice honorable
| Senators against the character of First Lieu
| tenant Schaumberg, by malicious perversion
| and false misrepresentation, which is most
respectfully submitted t. them in refutation
OF the same. Portions of letter addressed
Senator Shields was also read
E. ID. FMlicr-[The pamphlet published
against Schaumberg was shown him IL have
seen the pamphlet, and gave them to num-
Der of friends, but did not circulate all; got
them of Captain Galdiner; have not employ
ed counsel to aid in the prosecution; neither
have my friends to my knowledge; I never as
| sailed him after the first time Captain Black
the proprietor of the hotel where the Difficult
ty took place, went with me out If private
door to prevent any further difficulty; my
fathers understanding was that when Schaum-
berg got pay for his Mexican claim he was to
be paid by him the small amount due; the
amount has never been paid
Mr. FENDALL-Has there ever been any as
signment of the property of your father
ANSWER-Ihere was not; the estate was
solvent; the property was assigned to my mo-
Their. and [ acted as agent.
mr. Linton was here called to the stand.
was in company with Mr.. Fuller Monday pre-
vious to the difficulty at the National Hotel
while standing outside, Mr.. Fuller went in
and when he came out he said Schaumberg
was sitting inside; 1 then went in with Mr.
Fuller and passed by the Office; saw Captain
ochaumberg when we went in and on return
ing. On coming out, [ asked Mr.. Fuller to 90
with me to the Court House; he did so, and on
returning to the National Hotel afterwards l
saw Schaumberg on the platform; we passed
by him to Walkers restaurant; it was five
o'clock in the evening
Cross examined-Mr Fuller I think at that
time was armed: [ believe he told me he was;
never heard him threaten violence towards
Mr.. Schaumberg. except in 1851, at the time
OF his first difficulty; he showed me his hand
bill that he had prepared, and told him that
considered it nearly as bad as the one made
by Schaumberg against him; told him that
if such publication was made against Inc [
should get double barrel gun. and shoot the
author face to face on sight; he said tn t he
intended to take care of himself; he was not
aware that Fuller had any business at the
National Hotel; did not see him transact anv
business when | went into the National Hotel
on Monday evening, and none when return
ed; we went by the National Hotel because it
was the most convenient way to get on the
avenue; we had no other motive in view
The evidence on the part of the prosecution
was here closed.
Mr.. L. COLLINS LEE then addressed the Jury
at length in opening the case for the defence
tie said that knowledge of the defendant for
twenty-three years placed him in the double
relation of counsel and friend. He spoke in
the highest terms of his character as man
lie did not believe that any gentleman SINH
larly situated would have acted otherwise
He intended to show that the shooting was
in self defence; that he would not have fired
upon Mr.. Fuller, had not the look given by
hn
perated him (Schaumburg.) and led him to
believe an attack was Intended Fuller adj
vanced he stood with one hand in hi pocket :;
made no movement and manifested no dispo-
sltOn to act against him but when in pass
| ing him he turned upon him and looked with
| An air of defiance; he shot, not with the in
ention of killing but simply in defence, be-
.levlng his antagonist to be similarly armed.
| He said that the defence would prove that Mr.
| ochaumberg had declared to his friends that
| he would only act in the defensive; and that
| nothing would induce him to depart from this
course of conduct which he had adopted The
learned counsel mentioned several instances
similar, in which juries had acquitted indi-
viduals indicted for murder. He appealed
eloquently to the jury to consider all the cir
| cumstances of the case. He said that if thew
did so, he had no doubt as to the result.
For over an hour the eloquent counsel ad
dressed the jury, and was listened to with
great attention throughout by crowded court
| room.
The court then took a recess.
| RAILROADS IN VIRGINIA.-The roads
now completed in this State amount to
about 600 miles; and CLIO miles more are
in progress. When all are completed
we venture to say that every acre oil
1 10 lo,> IL