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

ton was finished, Mr.. Key, the district attor-
ney, addressed the jury at great length He
commended that the crime amounted to murder,
and not merely to manslaughter, and read
the distinction between the two offences, as
laid down by high legal authorities To con-
stltute murder, it was requisite that the crime
should have been committed with deliberate
malice; for if the prisoner, in n sudden heat
of blood, had struck the deceased with wea-
pom not considered deadly, and thereby caused
his death, the offence would only amount to
mansaughter. But it was necessary to re-.
member what was meant by legal malice. for
if the prisoner had intended to kill Keefe. and
in the attempt, had shot the deceased. he was
amenable to the charge of murder.
The counsel dwelt upon the behavior of the
oeiendant, after his arrest as affordiny con-
vincing proof of his guilt, his assertions to
tue onieers OF his Innocence being clearly dis
proved, ne had told these latter that he had
no fire arms in his house, and vet a uun was
found under his bed, and not oily gun. but
ammunition, powder and shot. which latter
corresponded in appearance with that which
had caused the death of Hurley.
Mr. hey went on to observe, that probably
had 1t not been for whiskey, the defendant
would not now be on his trial, and Hurley
would have been living. The law, howeyeT
ulu not admit the fact of intoxicatiou as an
extenuatlng circumstance, for if it did, society
would soon be in dreadful condition.
At the conclusion of Mr.. Keys address. the
court adjourned for half an hour to take re-
cess, when Mr. Ratclif, who had been evident
~ suffering from headache, for We noticei
him compelled to hold a damp handkerchief
several times to his forehead replied on the
re-opening of the court, with his usual ability
for the defence, not having completed his
speech when the court adjourned --
He contended that Hurley had wilfulIy re-
fused to have his wounds properly treated so
that 1t was wrong to try any one for his DEATH
In proof of which the case Of the Queen VS.
Hume, tried at Liverpool, in England. was
quoted He ridiculed the attempt to call it a
case of murder, and was certain that no Jury
would deem it more than manslaughter, warn
ing them to be aware of convicting on circum-
stantial evidence; and doubted the reliability
OF the evidence of the witnesses for the prose-
cution, from the fact Of their having been in
toxcated at the time, excepting, however, one
OF the witnesses, LoOney, from this sweeping
charge. He excused the charge brought by
the prosecution. that the prisoner had lied to
the officers, on the plea that even an innocent
man under such circumstances might have
done the same, remarking that there were il.
stances on record of even innocent people en-
deavoring to clear themselves by false eyident e,
A singular case of this kind, which happened
IN England, was quoted, where an innocent
person was executed, owing to his having at
tempted fraud Of this description, which was
discovered in court, and which led to his con
vlction, his innocence after his death having
been fully established. He accounted for ths.
gun which was concealed under the defendant
bed, by the statement made to the counsel
himself, BY the prisoners wife, that she had
placed it there on the following morning, lest
the possession of such a weapon should in any
way inculpate him. To this last, Mr. Key de-
INJURED to its being received as evidence
This morning, Mr.. Radcliffe resumed his ad
dress on behalf of the defendant, and was
speaking when we left the court
Yesterday. the circuit court were occupied
in hearing chancery cases, and at the termin-
alton of the days proceedings adjourned until
Monday next
TIE BALL LAST NIGHr-Mr Coehen's Nav
ball took place last evening" and was atten ded
by large and very respectable assembly
notwithstanding two serious contretenps, ii
was beautiful and happy affair. The fancy
dances by the children were executed very
gracefully, and with great general accuracy
One thing which was observable. and which We
take pleasure in particularly noticing, was the
dlSniied, ladylike and gentlemanly bearing
Of the children. This was remarked upon bY
almost every one present, and speaks we'll for
the teacher, az a director not only of move
ments, bat (as every dancing master should
bel OF manners.
throne, which had tastefully arranged, burnt
by carelessness, about half hour before the
ball opened. A second time he was unfortu-
nate, In the utter extinguishment Of the gas,
in the midst of the grand march. This latter
accident can be attributed only to neglect Of
the meter, and such neglect should always be
noticed and reproved. There is no apol5 gy
to be made for it. The consequences might
have been very serious, where so many child
rem, crowded together, were suddenly LEFT in
total darkness. We are happy to add, howev
er, that the worst consequence was delay Of
the dancing for about twenty minutes
SABBATH SCHOOL UNIoN.-It is supposed
that the schools on the approaching celebra-
ton will assemble in Lafayette Square, and
from thence march in procession to the grounds
ceremonies will come off. Mr.. 7. J. Magru-
der, of the Wesley Chapel School, has been APP
pointed chief marshal on the occasion. The
assemblage will be addressed by the Rev. Mr..
Sunderland and the Rev. Mr.. Dashield the
former of tho Presbyterian, and the latter OF
the Methodist Episcopal Church.
BALLooNING.-A balloon ascension will take
place on Saturday afternoon from the interior
of the Hippodrome, on Judiciary square, Mr.
George Elliot being the 3ronaut. Hei.a well
known operator in aerial voyaging, and has
made several successful ascensiOns during the
past year at Baltimore.
The JENNINGS ESTATE This fruitful source
Of litigation, by which so many lawyers arc
enriched and their clients impoverished, has
lately led to several communications in the
city papers from interested parties The sub
iect as 1t becomes more canvassed gets mo re
Intricate, and would require now any amount
of Philadelphia lawyers to make it out. Mr.
A. Jennings, of Rockingham county, Va, says:
6. 1t is fact that no decision has ever been
had in the case, and consequently the estate
has never been Inherited by or awarded to any
individual or set of individuals
/ ALExANDRIA.-Every one concurs in the
opinion that Alexandria is fast increasing and
going ahead Improvements meet the traveller
about the town at every step, and new houses
are being built up in all directions. The fish
packing houses, which may be called the sta
pie business of the place, has not been so good
this year as is generally the case
NEXT WEEKS CoNCERT.-The concert next
week at Carusi's Saloon, when Mrs. Young,
the American ''prima DONNA" will make her
appearance for the first time before Wash
ington audience, will take place on the Thurs
day, not the Wednesday, as stated yesterday,
provided nothing occurs to prevent it on that
evening.
! FIREnESs ExCURsIoN.-The members of the