Evening star. [volume] (Washington, D.C.) 1854-1972, 1854-11-16
REPORTED FOR THE STAR.
ARLINGTON IRIAL-FIRST LAY,
ALExANDPIA Nov IL 1Sf

ALEXANDRIA, Nov. Is, 1854
The court house was thr0nged early in the
day with crowds of spectators. At eleven
O'Clock, his honor Judge Tyler took his seat,
sheriff, the prisoner was brought in and placed
IN the box. He continues the stout, resolute
appearance he has manifested since the com.
mencement of proceedings against him.
The sheriff called over the list of jurors, and
the following names were drawn, and the gen
tlemen sworn as the jury:
u. +. Hewes, 5. B. Corbett, Cuthbert Pow
ell, j. 5. Emerson, Lamillus Taylor, c. L.
Richards, j. L. Gordon, J. L. Dyson, J. Nj.
Fadeley, G. w. Dearborn, Samuel Barnes, and
j. R Minor.
G. L. Steuart and c. W. Wattles Esqs., ap-
peared Oh alf Of the Commonwealth &.
W. Brent and e.. L. Gordon, Esqs, for the de
fence.
The indictment, charging tho prisoner with
killing Michael Higgins, in July last, by
striking him blow with stick, and causing
a wound was read. with statement that the
prisoner had plead not guilty.
Tho COmmonwealth's attorney opened the
case; explained the law in regard to murder,
its grades, and their difference drew out at
length the chain OF circumstances by which
the Commonwealth propose to connect the
prisoner with the murder; argued the abso-
lutte necessity Of admitting circumsl antial evil
dence, and adverted to the fact that with all
the diligence the Commonwealth had used,
they had found no single clue to connect this
murder with any one but the prisoner
Il. W. Brent, for the defence, adverted to
the family of Ie prisoner, the providential
v1sltatiOns to his household since his commit
meht as circumstances calling on the Jury to
weigh the case we'll. He never knew a prose
euton more tmsy, and pursued with more de-
termined rigor. The factory company and the
City Council had joined in the chase of the
murderer. Look how suspicion had changed
First the brother of the prisoner was arrested
and discharged, and then his father, and now
himself stands charged with the crime The
Commonwealth had first to prove that MUIR
der had been committed. This had not been
done. The mere firding of dead body was
no evidence that they must show clearly that
the prisoner was the murderer. This they
could not make out. Their whole case rested
upon threats and the cap. On the first the
evidence Of Brady shows he made the same
threats himself, and to the second the Com
monwealth's evidence was vague and contra
a'ctory' me person who ran wore dark
clothes and Kossuth hat Now if that was
Arri ngton, how could this be his cap? The
Commonwealth had waived the hypothesis
which they proposed to prove by this chain of
evidence. arlington could prove he was home
at eleven clock; after that, the only person
who could know where ne was This wife, was
an incompetent witness. He called upon the
jury to watch the case narrowly.
Dr. NJ. Al. LeWes, SWOrn-oaw the body of
the deceased on the morning of the murder,
it was lying on its side; the head exhibiting a
wound ON one side about an inch by six inches,
In ficted it seemed by some weapon like a
stick of wood in the hands of strong man;
this wound was sufficient to cause death.
Mr.. w. b. Nails, sworn-(D During his exam
ination same question arose as to the admis
sibility of certain estimony, which was after
wards admitted, and all is inserted together
here) Lives opposite the factory; about one
hundred and fifty feet from it; on the morn
ing of the murder, about 5 o'clock, heard a
noise and went to the window looking toward
the factory; there seemed to be two men
quarreling; one spoke low and the other high
and boisterously; the latter said ''you damned
Irish son OF a b-h, you come here to inter-
tere with my business " then heard blow,
a groan, and sound like something heavy
fell to the earth; in a few seconds after the
factory gate ratified, man jumped over and
ran; now changed my position to window
looking nOrthward; the man ran till he came
near the end Of Scott's row, then l heard a
dog bark; the dog seemed to meet him, and he
turned across the road toward Columbus street,
there lost all traces Of him In a converse
ton after the murder, speaking of our being
witnesses, Arlington said, "Id better Kill you
too while my hands in"
Cross examined for defence-My house is
about one hundred and seventy feet from
where the body was found; On the morning l
spoke of it was not light enough to distinguish
person; think the man who ran had on
| dark clothes; between the blow and the time
| heard the gate rattle was about ten seconds;
| Mansfed's house is aoout one hundred and
| fifty feet north of Scett's Row; judged the
man whom saw turned from the pavement
by the sound of his foot steps.
James Higgins, sworn-I am brother to the
| deceased; last saw my brother about O'Clock
| on the evening before the murder; he had on
glazed cap; glazed cap shown) that is the
cap few days previous to the murder me
Arlington, and had some talk with him; he
had on cap; (cloth cap shown;) that is the
] cap; know it because of the grease spots and