Washington sentinel., 1855-03-16
The witness testified as to other points in the

The witness testified as to other points in the
/ controversy.
Mr.. John F, Coyle testified that, ON Friday night,
previous 10 the affair, he met with Hope at the
National hotel Mr.. Magraw passed them, when
| he remarked 10 Mr. Hope he thought Magraw
would make an assault on him, judging from the
appearance of Magraw. Hope said he did not
II into his pantaloons pocket. The witness said
| to Hope that the article in the Star was, in his
opinion, improper. Hope, however, viewed the
subject as public matter which he had the
| right 10 discuss
/ Juror: Was il pistol or knfe4
/ Mr.. Coye. do not know.
The counsel on each side said il was pistol
according 10 Mr.. Hopes own testimony.
Mr.. Baxter. Did Mr.. Hope say he would blow
Mr.. Magraw's brains out?
Mr.. Coye. He said, if Magraw strikes me-
I'll blow his brains out
| Mr. G. w. Carrigan was called to " the book"
and took the stand.
Mr.. Baxter, Cor the delendant,) asked him
| whether he ever had any conversation with Mr.
Hope in relation 10 the editorial TO which refer
ence had been made.
Mr. Key resisted the question, on the ground
that Mr. Hope had been interrogated in relation
TO conversations with Mr.. Carrigan, but could not
| remember whether he told him thus and so.
Mr.. Baxter Have we no right TO show that
| the publication was made from private malice
Cannot we show the quo amino with which the
thing was done? and whether Magraw sought
quarrel with this man, or merely desired an ex-
| PLANTATION? Here is mail contractor, running
from independence 10 Salt Lake, a distance Of
twelve hundred and fifty miles through hostile
bands Of Indians, risking his life in the public
vice, seeking for relief from Congress, for expen-
ditures made 10 perform his duty TO the country.
| He is three Thousand miles from his home, and is
ruthlessy and falsely assailed in one Of the jour
nails Of the country; and his character is sought
| 10 be backened, by the charge that he is forcing
an unfounded claim on Congress Have we not
a right 10 show that Hope published the article
for vindictive purposes; that he armed himself,
so that if Magraw asked an explanation, he
might take his life We claim 10 introduce,
through Mr.. Carrigan, the conversation with
Hope, as part of the quarrel
Mr.. Clemens. Mr.. Hope has sworn positively
he considered the article relating 10 public mat.
ter. We propose 10 show, in contradiction Of
that witness, that he regarded it as private mat
ter.
The Court. The point u.s. whether testimony
can be admitted 10 contradict the witness on mat
ters which he neither affirmed nor denied
Mr.. Key. The rule Of law should not be varied.
Mr.. Hope has made his statement, and been
cross-examined, and asked whether he said this
or that TO Carrigan, and replied he did not re-
member. Carrigan could not be produced TO tes-
tify as TO what Hope said at these various times.
Mr.. Carlisle argued that Carrigan should be per-
mitted to answer.
The Court overruled the point made by the
counsel for the Defense according to rules settled
in England and America; declaring, however,
that if the question had come up de- noro he
should have decided differently.
Mr.. Baxter. beg leave to carry the question
up.
Mr. Key. II is now after four o'clock, and
don't want 10 kill myself by starvation.
Mr.. Carlisle | hope the learned gentleman
will not bring charge against us for assault
and battery, with intent to kill. Laughter)
Mr.. Carrigan, examined, said he had con-
versation with Mr.. Hope the day before the publ
cation of the editorial article. He could not say
whether Hope was then armed, His memory did
not serve him as 10 whether Hope said he was
| armed or not One or two days after the pubca-
tion, he saw Hope with pistol.
Mr.. Baxter. Did he tell you the article was in
tended for Mr.. Magraw?
Mr.. Key objected 10 the question.
After running fire between the counsel on
both sides,
Mr.. Carrigan was further Intercepted, and said
Mr.. Hope told him that Magraw had claim be-
fore Congress, and that he intended 10 give him
hell.
After further proceedings, the court adjourned.
SECOND DAY-The Court having been opened,
in due form, the jurors in the above named case
the United States against VIM. +. Magraw-an-
swered 10 their Names as follows, and took their
| seats: Willard Drake Paul Stevens Henry G.
Murray, VIM. b. Downing, Stephen Hennon,
Abram Butler, Vim. p. Drury, William Dawson,
Flenner, and Richard B. Owens.
Mr.. Calhoun Benham was examined for the
United States. He said, substantially: was al
Wizards Hotel on the afternoon Of the difficulty,
| in the passage, and saw two men engaged in very
earnest conversation. They attracted my atten-
ton. Presently the one (Magraw) remarked to
the other (Hope) he wanted him 10 make stale
ment about something. The last named rather
demurred TO il. Magfaw pulled him toward the
Office, still demanding of him TO make some state
L.. -la
I heard Magraw make use of hard words,
damned scoundrel," or words to that effect
| great deal was said Magraw had stick in his
hand, and Hope had hold of il. Said Magraw,
|" let go my stick" but Hope held on. Magraw
| put his hand toward his pocket several times, and
! finally said, il you don't let go I'll shoot kill
| you," at the same time pulling pistol out Of his
| pocket and presenting it. Immediately stepped
| forward seized Magraw's arm, and told him not
TO shoot. He jerked away from me, freeing him
self, and threatened 10 shoot me. paid no atten
1 tion 10 that. but stepped back. think, but will
| not be certain, he made another demonstration 10
| ward Hope, and abused him and rubbed his fist
i in his face. or, rather, in the direction OF IL.
| think his fist touched Hopes face. II was more
| Of an insult than blow. Magraw then spat AT
| him. Hope retired, when Magraw advanced, and
\ spat at him again. / am not certain heard Hope
\ say he was not armed. Magraw called on him
several times to defend himself saying, You
are armed, sir; God damn you; you have boasted
4
Hope with no arm, but only held of Magraws
stick, with both hands, perhaps. ! cannot tell
/ whether il was or not a loaded cane. The two
| stood face TO face. As soon as / saw Magraw
draw the pistol, either pointing, or about 10 point
| il nj Hopes head, seized Magraw's arm. can
not say the pistol was cooked do not believe il
was. ! do not know whether or not the pistol
| was loaded
On being cross examined, Mr. Benham said he
| did not hear Magraw say 10 Hope, "you are
armed" but thought he invited Hope 10 defend
| himself before he (Magraw) drew his pistol. He
| did not know in what manner the pistol disap-
peared.
Mr.. William II. Topping was called by the de
| fence.
Mr.. Baxter said he wanted TO prove by him that
Congress passed an act for the relief of Magraw,
and produced a copy ol the Daily Union contain
| ing the law.
| Mr.. Key. admit that he got his claim through
/ Congress.
| Mr.. Carlisle. The district attorney is estopped
| from denying anything in the Union. Laughter
Mr.. Baxter then read provision in the act for