Daily evening star. [volume] (Washington [D.C.]) 1852-1854, 1853-07-23
SATURDAY, JULY %, 1853.

Inc court opened about nall past l0 o clock.
Mr.. BAXTER stated to the Court that since
| its adjournment last evening, the counsel for
the defence ha ascertained that Dir. Spence
WAS in the neighb6rhood Of Winchester, six
miles from the town at Jordan Springs; that
he had been tclegraphed to, and the answer
| was that special messenger had gone from
Winchester to carry the despatch. 1t was
probable that DR.. Spence would be here to-
day in the cars but if he was not, the defence
would not ask. the Court to delay longer than
Monday. IL O'clock:
The Court said that more care ought to have
been taken in securing the attendance of the
witness here; that he ought to have been sum-
moned at least ten days before the trial. that
it was out of the question to wait till Monday,
but that they might delay till ii o'clock to-
day;
that witnesses ought to be summoned earlier
and that the illness of Mr.. Cox, who was en-
gagged at tho commencement, was the reason
| in part. The impression was, till yesterday,
tina, he had been summoned, but it turned out
on inquiry that he had been sent for to Bed
ford Springs instead of Jordan.
The Court requested that IN officer be sent
to await his arrival.
After waiting till the arrival of the cars, the
Court was Informed that DR.. Spence had not
arrived.
Mr.. KEY said that lie was willing to rest the
defence here.
Mr.. BANTER said that if he felt as certain
as he did when up first this morning that Dr.
Spence was at Jordan's Spring, he would ask
delay of the Court till Monday; but infor-
nation which he had received made it uncer
tain where DR.. S. was, and he would, there
fore, ask no further delay.
The defence asked that Mr.. f. Walworth,
with whom the messenger boy in the telegraph
| Office had deposited the pistol found by him,
| should be sent for, which was done
M. i. Waiworth-The boy that found the
pistol [ discharged about a month ago His
father said that he was going to Ohio. lie had
been requested to find the boy, but had been
| unable to do So
Cross examined-Thc boy brought the pis-
| tol to me.
Mr.. GOOacRO7c was sworn.
Mr.. FESDALL-State whether you was pre-
| sent the evening of the shooting of Fuller by
| Schaumberg?
| WITNEss-I was present
| Q.-State whether you saw the position of
| Mr.. Schannbers Immediately before tho firing
| took place?
Al did
| Objected to as evidence in chief
| The Court decided that as evidence bad
| been given On both sides. the prosecution
could only adduce evidence to rcbut the testi-
mony Of the defence given last.
| Mr.. FENDALL-lou saw Mr.. Schaumberg re-
| turn after the shooting. State what he had
| in his hand?
Objected to; ruled out az evidence in chief
| and witness dismissed
The defence then proposed to submit the
case to the jury without argument.
The prosecution agreed to it, but wished the
| Court to instruct the jury
| 1.-The following prisoners, convicted sometime
since, were then sentenccd:-James Burk
Arthur Bradley, Theodore Chislcy, George
Ridgeley and John Butler were sentenced each
to ten days, Imprisonment and to pay the fine
of one dollar for being engaged in a riot on
the 4th of March last. James Charles. con-
| victed on three cases, was sentenced to one
weeks imp isonment on the first; three DAYS
| on the second, and one month on the last and
| to pay the fine Of one dollar on each VIM.
Butler, convicted for assault, in consideration
that he had been in Jail two months already.
and having received his punishment in antici-
patton, was sentenced only to pay fine of one
dollar.
The Court then took recess to give an op-
portunity to prepare Instructions