Washington sentinel., 1855-03-16
-Yotal anO Yersonal.


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Trial Of w. n. Magraw.-Inthe criminal court
on Wednesday, Mr. w. F. Magraw was placed
on his trial, charged with committing an assault
and battery on Mr.. WIN. H. Hope, with intent to
Kill, on the fifth day of March last, AT Willard's
Hotel
Mr. Key appeared for the United States, while
the accused was defended by Messrs. 5. ). Bax
ter, j. M Carlisle, and Jere Clemens.
Mr.. Key having opened the case in a few brei
remarks,
Mr.. Hone was called 10 the witness stand, tes-
tifying, in substance, as follows: Last Monday
week was sitting at dinner with my WIFE, al
Wizards Hotel, when servant entered, and told
me that somebody wanted to see me. went a
few steps from the door of the dining-room, when
I met Magraw, who said "pm the man who
wants 10 see YOU" / then asked, What is i E
He injured, "Does the article which appeared in
your paper(ihe Daily Epsning STAR refer 10 me =
knowing him 10 be armed, and not knowing 10
what article he alluded, at once replied No.
He then remarked must go with him, and sign o
certificate 10 that effect. said would not. he
then caught me by the coat collar, saying, Come,
YOU shall" He held in his hand heavily loaded
cane, and repeated. "Come with me, sir, or III
mash your brains out on the floor"
A Juror. Are you one oi thc PIoPIicto'o ~ ING
Evening Star?
Mr.. Hope. am still resisted. told him
this was no place 10 settle difficulties. | asked
him 10 be reasonable, and caught hold OF the cane
He then repeated he would marsh my brains out.
spoke reasonably, putting my hand on his
fused to let go his cane. He then said, hear you
are armed" and thereupon pulled Colts revolver
from his pocket still holding me by the coat col
lar. He cooked The pistol and held i 10 my breast,
threatening to kill if did not sign the certif-
cate. gentleman present thrust ms hand aside,
and said, "Don't kill the man." and another gen.
ileman said, eLet him alone; don't Interfere"
Magraw still had hold Of me. He grabbed me by
the stock, which, the spring being loosed, came
off. Iretreated and in doing so, he spit at me,
calling me coward PUPPY and "a as !. stepped
at me- Mr. Magraw then said to the gentleman
who was with him, Colonel McKayl "Come,
let's riden then went after Captain Birch, and
caused that officer to issue warrant for Magraw
for an assault and battery on me, with intent TO
KILL
Cross-questioned by counsel for the defence:
On Thursday evening previous 10 the affair, Mr..
Hartman told me that Magraw and some others
would attack me in consequence of an article in
the Star. replied, let him attack me; will be
prepared 10 meet them. did not say TO Harr-
man that was armed with bowie'knlfe ana
revolver; but that could shoot as well as Ma
graw, or something TO this effect; but after the
Thursday evening TO which have alluded, |
armed myself
The following article, from the Evening Star Of
the lst Of March, 1855, was then read by MIR. Car
Isle, as the one relating to which Mr.. Magraw had
inierrogated Mr.. Hope on the day Of the alleged
assault:
"LooK Our Among the rum 'uns likely 10
tried on ere the end of the session, we opine
will be proposition TO give from thirty 10 hty
thousand dollars damages TO the contractors Tor
carrying the mails over the plains, who failed IN
(or aiter) their first lrlp. We take it for granted
that The plea will be Indian hosiites. Instead Of
such legislation, il will be well for Congress 10
adopt some plan or other by which persons can
be prevented from under-bdding competent men,
in the hope that soft words will induce Congress
10 make up deficiencies in contract prices, and
and then add on one hundred per centum for
profits, out of mere good fellowship"
Cross examination resumed. Mr.. Hope said
did not write that article.
Mr. Baxter. Who did :?
Mr. Hope. believe Mr.. Wallach did. don't
think showed the manuscript 10 Mr.. q. w. Car
rigan l did not say 10 that gentleman, If Magraw
comes here with his contract mean 10 give him
hell but that / intended 10 oppose his claim not,
however by violence. / did not tell Mr. Carrigan
that the article was intended for Magraw, accord
ing 10 my recollection. l do not remember that
Mr.. Carrigan, before the publication OF the arti-
cle warned me against il nor that showed him
a pistol / saw the article two or three hours be-
fore il was published Alter the publication OF the
article, / had a conversation with Mr.. John r.
Coyle, at the National hotel, when Mr.. Coyle said
he believed Magraw, who was there, intended TO
attack me- remember saying that if Mr.. Magraw
should attack me, would be ready for him. /
took pistol out of my coat and put i into my
pantaoons pocket saying If Magraw shall attack
me, shall act in sef-defense l did not write the
article did not intend 10 attack Mr.. Ma
graw, but said l intended TO attack his claim,
4. ntcdt ha nj har N -
] believed il TO De unjust, and not because of an
old difficulty between us. ] share with my part
ner the responsibility Of the publication OF that ar
icle. again deny the authorship, but saw the
article before il was printed, and approved oft.
Having been further cross examined relative 10
the difficulty, Mr.. Hope said the article was in.
tended, not for Magraw's claim particularly, but
because he believed such class of claims 10 be
unjust. e
Mr. Carlisle said it was evidently the intention
OF the writer Of the article TO njMe Magraw, and
10 blacken his good name.
Mr.. Kew replied he would submit the article TO
the Jury who could Judge whether il could be
construed into personal abuse. The defendant
had no cause to take exception. Public journalists
have a right TO comment on class oil claims they
conceive TO be unjust
Mr. Carlisle conceded tha, free press is essen
tiia 10 the enjoyment Of everything valuable in
society but he denied the right OF an editor 10
make his columns subservient TO private malice
He wished 10 show that this was the intention in
publishing the article.
Mr.. Key repeated, he was perfectly willing the
Jury should Judge of the arti Gle for themselves.
Mr.. Clemens cross-ques,ioned Mr.. Hope, who
among other things, said he did not receive his in
formation concerning Mr.. Magraw's claim on ac
count of carrying the mails, either from the Post
Office Department, or from the Senaie's Commit
tee on Post Office and Post Roads; but had learned
from the New York Herald that such claim
would be presented TO Congress. He said ne was
positive the pistol was cooked, when Mr.. Magraw
presented il at him. McGraw could have shot
me, remarked Mr.. Hope, but did not.
Mr.. Clemens. That, then, takes away the in
tent 10 kill.
Mr.. Thomas Snowden, being called TO the wit
ness stand, testified that he saw Mr.. Magraw
holding Mr.. Hope by the collar, pointing pisto
toward his head. He did not know that the pisto
was cooked; nor did he see weapon in the hands
Of Mr. Hope.
On being cross-examned, he said the pistol dis
appeared, but he did not know what became OF II
He saw Mr. Magraw spit in Mr.. Hopes face.
Judge Johnson testified as TO what he knew o
the ARRAY He saw Mr.. Msgraw with the pisto