Evening star. [volume] (Washington, D.C.) 1854-1972, 1856-07-10
EVENING STAR.
local INTELLIGENCE.

this city ana IN georgetown, Dy Deputy Mar
.bsI Phillips and his assistants sufficient
lumber of jurors was obtained Some ninety
nsrsons had been brought in, and others sum
monsd before the list was finally completed.
those called after we went to press, yester-
5sy. were mostly disqualified through having
formed or expressed opinions. Elijah Ed.
ronstOp was excused on the score Of Illness
=. was Charles B. Msury; Henry Purdy
vas disqualified, not being Is years of age
ND Sanford was excused on the ground
Of his entertaining conscientious scruples in
regard to capital punishment.
The following IS the jury obtained:
Edward NJ. Edelin,, Nimrod Garretson,
John T. Bradley, Henry Wilson,
John Scribner, Robert Cohen
Enoch Moreland, John +. Bridge
John SessfOrd, il, Peter f. Bacon
george w. Cochran, Henry ID. Gunnell
By consent of court and the agreement Of
counsel, eleven jurors were sworn in, and the
last Mr.. GunnelD was accepted but not sworn,
70 the end that the jurors might be enabled to
spend the night at home and make the neces.
sary arrangements for their absence there
from during the trial.
Shortly after 10 o'clock this morning. the
prisoner was brought into court and placed in
the prisoners box. Proper precaution had
been taken to secure ventilation by throwing
open the windows and doors. Within few
minutes after the opening Of the court room,
it was filled with an audience whose deep in
terest in the proceedings was manifested by
the silent tenacity with which they retained
their tiresome standing positions
On request of the counsel for defence the
space between the prisoners box and counsel
was cleared in order to facilitate communica-
ton between them.
The names of the jury were called, and Mr.
Gunnell, the twelfth juror, sworn in.
A photographic dispatch having been received
NIGHT from tho fri &C
family in New York city, to the effect that
they had been unable to secure the counsel
desired in that quarter, at late hour last
night j. NJ. Brewer, Esq, late Of Montgomery
county, Nd, was retained for the prosecution,
and this gentleman accordingly took his place
this morning by the side Of the District At
torney
Witnesses for the prosecution were called
and sworn 10.
By order Of court the witnesses were then
removed from the room
Mr. Bradley one of the counsel for defence
claimed that the rule should not apply TO GER
tain witnesses who had been called by the de-
fence, viz two or three Justices of the Peace
and member of the Senate, to impeaeh the
testimony Of witnesses for the prosecution,
who had testified on the preliminary exami-
nation. The position was opposed by the Dis
trlct Attorney, and the ruling of the court wa
IN opposition to the claim of defence
The case was opened by the District Attor.
ney, Mr. Key, who, addressing the Jury, pro.
ceeded to detail the substance of the evidence
to be adduced for the prosecution He went
on to define the difference between murder
and mansaughter, quoting from l Russell
PIP. 4ol, 5l3, Sig, also from Archibald's Grim.
lnal Law, TO demonstrate what extenuatinp
circumstances alone can be urged against a
charge Of murder; and summed up the prin.
clples Of law by which the jury should be GOV.
erned in this trial
Mr.. Radcliffe followed for the defence. He
eontended that undue excitement had been
raised In regard 10 this case by those who
from their position, should have known better
Mr.. proceeded to indicate the line of de.
fence TO be taken, and read from Russell and
Greenleaf's Evidence 10 show the law in cases
OF Justihable homicide in defence of person O,
property. lie concluded with an outline OF
the evidence to be produced for the defence
ana which ne claimed should reeult in a yer
dict Of acquittal.
DR.. Thomas Miller was sworn for de-
ience--Saw Thomas Heating Just before ht
died this was about noon; he died in a fe "
minutes after; he had the body removed t,
the Inhrmary, and the next day made an
autopsy. DR.. NJ. proceeded TO describe the
position Of the wound He found the oute,
surface Of the chest of deceased much black
ened there was a profuse hemmorhage; 8
wash basin full of blood !; the ball passed di
rsctly backwards and was imbedded unde,
the shoulder blade; the ball went through
directly horizontal; he had compared tn,
line Of the ball afterwards upon a skeleton
and the course 1T had followed was a perfec
plane; the wound had occasioned death: tn,
deceased was a muscular, large sized man. IL
full vigor; should judge his weight was il
the neighbOrhOOd OF zoe pounds the bulle
was found lodged under the skin il was s
large bullet; Deringer bullet; witness readi
ly passed his little finger into the wound.
Patrick heating sworn.-Is brother of tn,
deceased; knows prisoner was present at tn,
shooting at Wizards; thinks it was 9Th O
May; was in the kitchen; several per,on
came to him and told him that Mr.. Herber
was beating his brother in the dining room
didn't think the matter was so bad Is it was
he went into the dining room, and on comm,
In saw Mr. Herbert in the position Of strikip,
his brother with a chair; thought it was in hi
power to please the gentleman took from on
OF the square tables a pitcher, which he SUP
posed to have milk in it, and sugar-boul, ant
proceeded towards Mr.. Herbert, showing all TIT
marks he could, at the same time Of humility
Herbert turned towards him. and advanced
towards him in very fighting and bold stti
lude witness approached him in a very re
monstrating tone to let him know tb at he wa
come to pacify him; prisoner had pistol il
one hand and a chair in the other; witnes
began to be seriously alarmed Herbert an
preached him hurriedly AID witness cIincbet
him, striving to protect himself from the pistol
the pitcher and sugar-bowl which he held /,
his hands he does not know what he did with
but thinks that in graphing they fell to tn.
hoor; the palm Of witnesses hand met the muz
gle ofthe pistol, and a small portion Of the esl
was torn from 1t; witness was alarmed to SCI
another gentlemanly looking man strike hin
on the head with chair, and continue I,
strike him and his brother promiscuousI,
through the struggle; the blows which wit
ness received on his head, and the interfer
ence of the French cook, caused him to loose
hIs hold on Herbert; from q report which ID
heard and supposed was the shot of a pistol
and from molasses strewed over his coat
and which be supposed was blood, he wa!
afraid 1t was a shot, but could not ascertain
this was before they were separated during
this time he saw no person in the room in the
shape Of guest or gentleman but Mr. Her.
bert, Mr.. Dubois, the Netherlands Minister
and the gentleman whom he suppOses was Mr.
Gardiner. when Witness from,