Daily evening star. [volume] (Washington [D.C.]) 1852-1854, 1854-10-05

intended to deny that Dr.. Graham was the
person.
Mr.. 0'Conor said the last duty Of defence
| would be to come in and make admissions
tending to assist the District Attorney
The District Attorney said he purpossd to
rising Of the prisoner that morning till after
the occurrence, which may, in any degres, bear
upon the question Of malice He purposed to
| show chrsnologioally, by legal evidence, that
Dr.. Graham rung that bell and that il was
the person who rung the bell that deceased
had the conversation. It 10, then, . mere
question Of the order Of proof. That 10 in the
discretion Of your honor, and believe that
public justice viii be served by stating circum-
stances a. they arose, and not call Mrs. Loring
again.
The Judge considered that the regular svi.
dence must be shown first before giving the
preliminary evidence. He did not, therefore,
think the testimony in order now.
The District A ttorney said q few words in
reply as to the inconvenience to the witness.
The Judge said there might be inconvsni enos
but it could not be helped. Mr.. O'Coner said
tho difficulty might have been avoided by not
calling Mrs. Loring FIRST. The District Attor.
ney then told witness not to sllude to the oon-
would be now to withdraw tho witness The
Court said he would not interfere with the
arrangement Of the District Attorney, the
Judge said it would be necessary, if . witness
10 examined, to exhaust the testimony, except
on rebuttal.
The District Attorney, for tho present, with
drew the witness.
Another witness was called by the District
Attorney.
Mr. Whiting, for defence, then requested
that all witnesses who have not been exam
ined, be kept in another room.
The Judge thought it would be proper.
The District Attorney wished the counsel to
name the witness he desired to leave the room,
a. it might be said afterwards that some wit
nesses remained after tho order Of the Judge.
(He gave Hr. W. list of his witnessesl
Mr.. W. asked if the District Attorney intend
ed to call all the witnesses on the list
The District Attorney said he was not pre-
pared ~ say and the rule does not require him
10 answer. As the learned gentleman said the
other day, he intended to try this case accord
ing to law.
Some Of the witnesses named were sent to
Circuit Court room and others allowed to re-
main. Messrs. Free, Margaret Walsh, Como
IAN, Anderson and Norris, were then request.
ed to 60 into another room.
Joseph Cozino the witness) sworn-Was SEQ
ond head waiter at tho st. Nicholas; know
prisoner by sight, and knew Col. Loring by
sight; saw them together betweeg and 6
O'Clock on morning Of August I'd they we're at
the head of tho stairway leading from the d.
ming room on second floor 1.-THE District Attor-
ney said there was broad stairway from first
70 second story half way, which branches
slightly to two narrower stairways right and
left to second story j they were standing at
the centre Of the head Of the stairs, prisoner
directly in centre stood about three or four
feet from them.
| Q. State what took place between them?
A. I had little child by tho hand, and was
going to pass down the left stairway, helping
it of, as they were late, descending to the Of
fee. did not observe anything extraordi-
nary between them but when the nurse took
the child, heard them speaking rather sharp
to each other, in . lsuder tone than before
which attracted my attention, and heard Col
Loring, who was tall gentleman, say some.
thing abont some ladies, or lady, there, whom
DR.. Graham, who was nearest me, said You
lie" and raised up cane. The cane, with
. sword much bent, Vas shown to witness, who
recognised tho color. He raised the cane to
strike Col. L., a. thought, and tho latter
said TO him, raising his hands, stand off,"
then the two closed in together, and went back
fow PAGES, whom Col. Loring said I" I am
stabbed" They tusseled together few mo.
ments, and separated. DR.. Graham let 70 Of
him, and he staggered q few PAGES and fell on
his facs; he sroaned like man struggling as
if choking. Mr.. Rogers, . gentleman who
supsrintsnds in tho house, wAs coming towards
mo, and he said, 1" DR.. Graham, you've silled
the man" DR. Graham replied, "Oh, no."
I then saw that hooked weapon Qhe bent
sword) In tho Dr. hand, and l then went into
the dining room. No blows were struck before
the stabbing took place.
Q-Whon did DR.. Graham take hold Of Col
LorinG.
(Objected to a. leading, and that witness had
| not said precisely that Or. g. had taken hold
! Of Colonel Loring. The District Attorney said,
| the testimony was he let 90 Of him, and how
| could he let 90 if hs had not hold ofhin. The
Court thought it had not bssn shswn which
took hold, 50 that the question had better be
varied
Witnsss-Dr. Graham first took hold Of Col.
| Loring; the tussliag WAS 20 quick, it was all
over in . moment; they had not been gone q
couple Of steps, when 1 heard Col Loring say,
| ''Oh, hs has stabbed me-" 1t was after DR..
Graham said "you are liar" that DIR. Ora.
ham took hold Of Col. Loring-[the witness
was handed the entire cane to show the man
ner it was raised by DR.. G. whom hs first saw
it; witness said it was in the right hand, end
over left shoulder, horizontal on line with
left shoulders There were several females
and two males in the hall ut tho time; one Of
| them is the last man that went out-he went
| by tho name Of Gen. Scott in tho hotel; /
| never knew his name; the other male was
Patrick; besides these was Mr.. Rogers, and
| there were . number Of persons attending to
1 their duty, whom 1 might not have seen;
| saw them struggling, But did not observe the
| cane till DR.. G.. drew it out.