Evening star. [volume] (Washington, D.C.) 1854-1972, 1854-11-16

vizor being torn; found the cap outside the
ash gate Of the factory about a week after the
murder; the ash gate is at the north end OF
the factory; saw prisoner on the morning of
the murder; he then wore clean pants. blue
shirt; do not recollect what he wore on his
head.
For Defence-Know the cap by grease spot
and torn visor; they are the marks noticed;
There is nothing on the cap that call but
ton of the prisoner, How that I recollect it,
that day brought it to Mr.. Stewart l saw
the grease spots whilst Arlington had the cap
ION his head
By the Court-Found the cap on an ash
pile, some two or three feet from the fence, on
an unimproved street; ashes are frequently
wheeled out to this pile, generally before day
Hight.
Mr.. Halbs, sworn-Am machinist at the
factory; saw the prisoner on the morning after
the murder; he wore black hat; saw the
prisoner pass round the north end of the fac
tory fence; in the yard saw two caps, one
glazed, lying near the furnace door, and the
other, cloth, lying on the ashes, inside Of the
yard.
The Commonwealth Attorney here pro.
duced plan of the yard.
Mr. Bingham picked up the cloth cap and
laid it on the water shelf; it laid about for
several days and had it tossed over the fence;
| 1t fell outside near the ash pile, leap shown;
| that is the cap; there was no cap in the yard
on the evening previous to the murder; have
known the prisoner for three years; he usually
dressed in working clothes; wore cap SINH
lar to that.
Defence Know the cap by grease spots,
I torn visor and string; have seen Arlington
| with hat on but not lately.
Mrs: Hardy, sworn-Live near the prisoner;
saw him on the morning of the murder, at
81 o'clock; he said to me, Susan (his wife,
says that the Waterman at the factory is esd;
ne then passed on to his fathers house, and
then said something about the factory whistle
not blowing; his fathers house ison the direct
road from his own to the factory.
Duke Fitzmaurice, sworn-Known the pris-
oner three years; he generally wore working
clothes and a cap; we work in the same estab-
lishment; saw him over there just previous to
the murder leap shown I think that is the
cap ne wore; 1 know it by a peculiar kind cf
! grease upon it. On the morning after the
murder, he wore another cap, higher in from
On the evening of the LIST of July, between 3
and O'Clock whilst was at the water bucs
ct In the foundery, he said, Duke I'm going
TO Kill one of your countrymen;" 1 am not a
naturalized citizen-an Irishman by birth; he
| wore the greasy cap up to the evening before
BY Defence-I related the conversation to
no one until on the morning after the murder;
when came to work, Mr.. Jesse Leadbeater
made remark which led to my telling it; at
forwards told it to another gentleman who
] asked me.
! o N Ch1pley, sworn-Saw cap lying near
the furnace door early on the morning of the
murder; picked it up; leap shown that is
| the cap.
| By Defence-Saw only one cap
Mr. Fitzpatrick was here called, but his
re
| the proceedings, and the State called
| John Bradley-Known the prisoner ten or
twelve years; six or ten after Higgins took his
| place in the MILL I was in conversation with
! the prisoner on Whites corner; be said there
that he bet ten dollars to five that the id
! Irish, or the Irish son of a b-h, should not
| stay In the mill three months; we were talking
OF the Waterman. On the morning of the
murder, l met the prisoner; he offered me q
ftp, saying, $50 get some liquor the sight Of
the dead man makes the cold chills run over
me- Soon afterwards I met him in the fac
tory; asked him what he thought Of the
murder, and In the conversation said, 'sYou
might as well say that did it;;' replied that
said no such thing On the day of Irving
| Arrlngton's examination, met him at Mrs
| Sidebottom's; l said Buck, if am summoned
| on this trial, III have 10 give you h-ll; he
| replied, ''it was so fixed, or might or could'be
fixed SO that 1 would have to say nothing
| about it Saturday evening after, he called
| at my house; gave me half dollar to play
bluff; he said he had promised not to play cards
| again until his trial came on. Here his
| mode of examin alton was objected tol On
| that evening, l remarked that the people said
| whoever committed that murder was bit by
dog; Arlington pulled up his pants and show
| ed me two scars or dog bites on his leg
BY Observation-Disclosures told me at Mrs.
oidsbottom's that had said on Whites cor
] ner, ''Some of Us ought to Iun the ID Irish
out" but denied it On the evening pre-
vious to the murder was at Mans6eld's; I sell
dom went to the factory after hours; I have
done nothing to help the prosecution
VIM. A. De Vaughan sworn-Know the
prisoner; work at the same establishment
| he said to me q we'll take trip together II
was talking about going away) there's a
| damned Irishman in Office, and he'll OF be
there long he had often told me about an
lrlshman taking his fathers place; and asked
| me to lend him my revolver; have often seen
him wear cap like the one shown Mr.
| Brent produced second greasy cap Both
are Like the cap, but the first one is the most
| like it.
VIM. Wheatley sworn Have heard pris
| Oner make threats against the Irishman I
| asked him who the Irishman was, and he said
De Vaughan knows.
| j. Is. Lovejoy, swOrn.-Am overseer of the
| factory; on the morning of the murder saw a
| cap about thirty feet from the door All the
evidence of this gentleman regarding the at
temps of the prisoners brother to conceal the
| cap was ruled out. That looks like The CAP
Knew the deceased.
1t was here proposed to prove the peaceable
character of the deceased, and the Common
wealth 8 attorney cited authorities to prove the
admissibiliy Of such testimony in cases of cir
cumstantial evidence. But the court over
| ruled it.
| The court then adjourned until this morn
| ing, at ii clock AMI
| The WESTERN BANKs-More Suspensions
The Cincinnati Commercial states, that in
consequence of the pressure, tho City Bank of