Evening star. [volume] (Washington, D.C.) 1854-1972, 1856-07-29
fUIRD DAY.
The Court met at 10 o'clock this morning.

siuCc July, IOSO, dEuOc lOSt cODSluer8Dl6 tlLuo
in the four first months of 1856 in comparison
with the last four month of 1855. Mr.. Ober had
occasion to speak to him about loss of time;
he bore an excellent character in the shop.
Benedict j arboe, sworn is the father OF the
prisoner; deceased was to have been married
to the daughter of witness the 1st of last Sep
| TENDER or October; after he disappointed her
| and discontinued his visits to the house, wit
ness called on him to know his reasons for so
| doing; called to see him twice; the last call
| was in the spring; does not remember the
| exact time; his daughter has given birth to
child; his daughter was seventeen years old
last March; the prisoner was present at the
second interview with deceased.
The District Attorney objected to witness
| stating the conversation held with deceased.
The Court decided that on general princi-
| Piles it could not be received as evidence, but
| under the particular circumstances the ques-
| ton could be put
Witness stated that they called on de-
| ceased, and deceased made solemn promise to
come and settle the matter satisfactorily the
| next day he did not come; at that interview
he admitted the engagement; the day was
fixed, and the engagement was with the con.
sent Of witness; witness called upon counsel
in regard to the matter in company with his
son.
The District Attorney objected to the wit.
ness stating what passed at the interview with
counsel
Mr.. Jones said the purpose of the defence
was to show the state of mind Of the prisoner
at the time of the act, and what lead to that
state Of mind
The point was argued at length, and with
exceeding ability, by Messrs. Bradley and
Jones for defence, and by the District Attor-
ney for the United States at the end of which
the Court decided that the evidence could be
received, so far as to show the state of mind
n ha prfa nd of 90 l..
given in the case of John Day.
Witness stated that his son said to the coun-
sci that he could bear the matter, but for the
insults heaped upon him in consequence
Cross-examined.-The last interview with
the deceased was some three weeks before his
death; the interview with counsel was be.
tween that time and the death of deceased; in
having criminal intimacy with the daughter
Of witness.
Mrs. LETTERS, sworn.-Kpows the family of
Jarboe; knew deceased; deceased was at Jar
bOe's every day during autumn. and after
autumn, when he got work in the Yard, every
night after work; both deceased and Miss
Jarboe visited at her house they both spoke
to her OF their engagement deceased told
witness that he loved Miss Jarboe better than
any other girl he knew; Miss Jarboe was
called isis Jarboe;" witness had told de-
ceased what Miss Jarboe h ad said; that if he
would only marry her to save the disgrace
from her father she'd be his slave, she d do
anything, she did mt care if he never lived
with her, so he d marry her; deceased replied
in very insignificant manner, turning up his
nose, " that he d never marry her;" he did
not give any reasons for not marrying her;
witness told the prisoner after the converse
ton that she did MT believe Rufus would ever
marry his sister, and that he ought to get him
(deceased) turned out of the Yard; Jarboe
said no, he wouldn't hurt a hair of Nally's
head he said if deceased would only marry
his sister, so as not to disgrace his old father,
he d divide his last dollar with deceased to
assist them; prisoner told witness that he was
almost crazy about the matter.
lgnatius AtchinsoD sworn for Government -
Was going to work when the pistol was shot;
directly it was shot, witness saw a young man
in staggering position; ran towards him and
discovered he had a pistol in his hand; be
was in staggering position and was trying to
stick the pistol in his waistband; his brother
ran after him and assisted him, and deceased
succeeded in putting up the pistol; witness
found the pistol on deceased when he reached
the alley where deceased was lying; witness
thought at first deceased had shot himself;
heard, while there, that JarbOe had shot de-
ceased; this pistol was single barrelled pis-
tol, witness fired it in the air.
Cross examined.-It was not self-cocking
pistol deceased appeared not to have strength
enough to put up the pistol until assisted by
his brother; did not know either Of the parties.
Mrs. Jeffers recalled.-Miss Jarboe was en-
gagged to Rufus Nally; she does not know Of
her being engaged to any one else; witness
told Nally what reports she had heard; he de-
MED them and said they were not true; after
wards she saw Miss Jarboe, and asked her if
such was the case, that she was about to be-
come mother, and she cried and said it was;
witness told deceased that he was the father
of the child, and tried to create a sympathy
for the poor, unhappy girl, telling him if she
were turned out of doors by her stepmother
she'd have no place to lay her head; she
asked deceased where the poor girl could 20
then, and he replied in a very insignificant
| manner that " he didn't know, and he didn't
care
Mr.. Bradley announced that they closed the
case here for defence.
The District Attorney asked that instruc-
tions, which he proceed to read, should be
given to the jury.
The instru asked are as follows If
| the jury believe, from the evidence, that the
the sister Of the prisoner; and if they also be-
lieve, from the evidence, that the deceased
had criminal intercourse with prisoner said
| sister, and had refused TO marry her; and it,
under the circumstances, the prisoner asked of
| the deceased if he would marry his said sis
| ter, and the deceased replied "no," or that
be would see, CT words to that effect, and
that influenced by this provocation he took
the life of the deceased, such provocation does
not justify the act, and such killing is muir
der, if the jury are satisfied, from all the evi.
dence in the cause, that the evidence sustains
the indictment.
The instructions having been argued fully
by Messrs. Carlisle and Brdley for the de-
fence, and the District Attorney for Govern.
msnt, the Court decided as follows
The prayer, as it is presented, is granted,
except the words at the close, .. if the jury are
| satisfied, from the evidence in the cause,
| that the evidence sustains the indictment +"
These words ask the Court to say that there
ought to be conviction on the whole eyi.
dence. They were not so intended, am
sure, as it appears to me upon this cOnstruc-
ton, and 80 constructed would take from the
jury the decision of the facts, which 1 never
have done and never will do; all the Court
says is, that the statement Of facts makes a
case Of murder, but whether these facts are
proved or not, and if proved what additional
facts are also established what was the state