Daily evening star. [volume] (Washington [D.C.]) 1852-1854, 1854-07-29
COMMITMENT OF THE SON.
FULL REPORT OF THE TESTIMONY.

English and w N. Brown, Esqrs., Justices; G.
E. Stuart, Commonwealth Attorney; G. W.
Brent for the defence. % y e
The spacious and airy court room was
thronged with eager spectators, and at three
o'clock yesterday afternoon tho accused were
brought in, and Mr.. Stuart opened the case,
quoted Mayo, that "it was only necessary to
have doubt of the innocence of the accused
in order to send them on for further examine
ton" Mr.. Brent, for defence, quoted statute,
g The justices shall discharge the accused if
there. ia not sufficient cause for charge; idle
rumof is not sufficient; there must be q real
and reasonable doubt.
James Fitzpatrick, sworn.-known Kig.
gins about twelve months; he was in factory
employ some two months; saw him the night
before the murder, and next morning saw his
body in the factory yard, with heavy wounds
on his head, and sticks near; the deceased was
wa,chman at the factory; Clayton Arlington
preceded him in the station; Arlington was
discharged for neglect CT duty; VIM. AIRING
ton has been in factory employ as assistant;
left about eight months ago; Clayton Arlington
had been Waterman four years; sometimes
VIM. Arlington assisted his father in keeping
watch; the watchman must clean the furnace
and make fires; this must be done before three
o'clock; stranger could not know VIII at time
it was necessary to clean the furnace; heard
no threats
Examined by the defense. one to
three o clock is the time to clean the furnaces
Witness described the check watch clock of
he factory. It shows each half hour that the
watchman is awake.) The furnace was not
cleaned out on the morning of the murder; a
commencement seemed to have been made !:
there were slight traces of q scufae in the fac.
tory yard; large stick of wood lay near the
body, and two small ones some distance on
one Of the latter saw some light, or light gray
hairs; the body lay with the head to the
west, the right side up, with a wound upon it,
Higgins was about 2l-might weigh 100; he
was an Irishman, with dark hair There was
blood on the stick found near the body.
James Fogg, sworn.-Knew the deceased
since he has been on duty at the factory !;
thinks there was cot much Of scuf1e. [Cap
shown That looks like tho cap found near
The body. -...t
John Bradley, sworn Six or ten days af-
ter kiggings took his place in the mill, Nm.
Arlington, I, and several others were in con.
versation; Arlington said he'd bet ten dol
lars to five that the damned Irishman, or the
damned Irish s-n OF a BIB should not stay
in tho mill three months we were talking of
the vaschman- The night of the Irish Iio,,
Arlington said to James Higgins, holding q
stone in each hand, "Ive guns at home, load
ed, and kill the id 1rishmen." As we
left the corner, he said he'd have satisfaction,
or something to that effect. On the morning
IF the murder, met VIM. Arlington at the fac
tory gate; talking of the murder, he said ::
" Maybe done 1t with stick" Afterward
ho said: Here's fp-go get some liquor !;
looking at tho man makes the cold chills run
over me-"
On the day Of Irving Arrington's trial, (ths
younger brother, who was discharged last
week. was at Mrs Sidebottom's with William
Arlington; said to him Buck, If am sworn
on this case shall give you hell; there is no
getting out of it; butt I can I shall not state
it.
Question by counsel.-What did he reply?
The witness declined to answer, but under
the direction Of the court after some talk, said
He replied I need not state that; said,
''Buck, if l am questioned close, I can't get
out CT that no how" Arlington then said, he
might or could fix it, or it was so fixed that l
could get out of it. Instrumentation referred
to the talk first mentioned in my evidence
Met William Arlington at my house !; he comes
there sometimes; be showed me dog bite in
his leg gave me half dollar; he never Of
fered to lend me money before, though have
borrowed OF him.
For defenss.-At Mrs. Sidebottom's William
rem irked, You know you said come Of Us
ought to run the lrishmen out" l answered
NO, Buck, never said any such thing"
For prosecution. William Arlington in
he said Il don't know, who do you think done
it!' answered, II don't know, some one that
knows the mill )" he replied, '.you might as
we'll say done it - ''well,' said, s.it is not
envious;" he answered, "you must think I
done it."
For the defence-Have known VIM. AIRING.
ton twelve years; been good deal together !;
saw nothing unusual in William Arlington on
morning Of murder. except that his face was
not 80 clean as it ia now. The talk in the fac.
tory took place because exssoted to be . wit
ness
Mrs. Sidsboftom.-Heard witness say he
wanted to see Mr.. Wise, (the Mayor) be said
my wife is a witness against me and I am
going to send her away understood this to
refer to another trial
Mr.. w. b. NaiIs.-Was awake the night of
The murder with sick child; heard talking ::
got up and went to the window that opsns upOn
The factory; it was too dark to see through
the foliage; heard few words pass one
spoke mild and low, the other loud and ex.
,ited; the one excited said you I'D Irish
,r you Id Irish son Of q b-h you come
here interfering with my business; heard
then heavy sound as if something fell and O.
srunt; then the gate ratified and some one
Gun; changed to another window that looks
.owords the canal; saw o man run, presently
heard dog bark ahead, that drowned the
ooise OF feet; thought tho man left Wash
ngton street and ran across the fields: went
back to first window, all was still once heard
layton Arlington say that James Higgins had
stopped the watch clock.
For defsnce-Eight or ten minutes after the
fuss the town clock struck three; there was
isout 10 seconds between the words and the
iali, and between the fall and noise at the
fence
Mr.. Edluurd Mansfield, sworn.-ueard nv
log bark went to the window and saw q man
cunning from the factory towards nv honse.
he man wore black Kossuth hat, and black
'oat and pants; the dog attacked HIM: I
sailed the dog Of, and the man ran across the
aelds; believe the dog bit him found q
small piece Of black cloth next morning that
might have been torn from his pants the dog
attacked him between two and three O'Clock.
For defence.-The man came within thirty
.eet OF me; he turned toward the brick. ward
no was tall and active; If it had been AIRING.
ION, think should have known him; it was
not light enough for me to see who he was; if
saw the man who ran, l would not know him.
Samuel LsUis, sworn-Slept on my porch
m the night of the murder; heard Clayton
arlington talk at twelve and two; I seldom
90 to bed; get drunk it is too hot; do not
think he was able.
For defence Knows VIM. Arlington; his
general dress Is that of q laborer has seen
aim in black coat.
John Dyer, sworn.-Knows VIM. Arlington.
asked Dyer to mako bin q knife said an
freshman had given his father the ID liar