Evening star. [volume] (Washington, D.C.) 1854-1972, 1856-07-12

issueo TOT witnesses at distance, but IL had
not been thought proper to delay the trial in
their absence, inasmuch as their testimony
would De but corroborative of that already
>: draham, Mr.. James B. Colt, Captain VIM.
Blandig and Mr.. Duponte. and he asked that
Judge Crawford be permitted to read the
notes taken by him of the testimony given by
some OF these witnesses on the examination
maze before him on writ of habeas corpus.
The counsel for prosecution agreeing, Judge
crawford proceeded to read from his notes the
testimony given by Major Graham, James B.
Colt Of Missouri, and Capt. Blandig.
Graham testified to knowing Her bert; to his
being quiet and peaceable man; and to Her
bert's going over to Wizards at half past ten
O'clock on the morning of the ARRAY,
Colt was passing the dining room door and
saw Herbert throw a chair and somebody
plate; thinks they were thrown simultaneous
ly; afterwards they clinched; saw no separa-
ton after the first clinching
Capt Blandig's testimony was corrobora.
tive.
Devenois recalled.-Did not wear a paper
cap; it was linen cap; had no woman, and
did not see Col. Mckay at all in the dining
room.
Henry A. Willard recalled Tho District
Attorney proposed to question Mr.. Willard as
to the rule of the house in regard to the
breakfast hour
Objected to by the defence, and the objec.
ton sustained by the Court on the ground that
1t was not rebutting evidence.
Mr. Key stated that he had used every effort
to obtain the testimony of Mr.. Dubois, the
Netherlands Minister; that he had m ade ap-
plication through the State Department, but
that Mr.. Dubois refused to testify
Mr.. Bradley said the defence was quite as
anxious to get the testimony of Mr. Dubois
as was the prosecution They had taken pre-
caution to ascertain what that evidence was
likely to be, and
The District Attorney here interposed an
objection, and Mr.. Bradley did not 20 on to
state what they had expected to prove by Mr.
Dubois.
The defence having closed it's testimony
Mr.. Brewer 1.-THE associate Of Mr.. Key in con-
Quoting the prosecution, and who, We learn, is
from Allegheny county, Maryland, instead of
commenced his address to the jury, stating in
| the outset the circumstances attending his be-
ing engaged upon the prosecution that late
on Tuesday evening he had been called upon
by Patrick Heating, the brother of Thomas
Heating, who was murdered at Willards' hote
on the Sth of May by the trsverser (pointing
to the prlsoner) seated in that box; sensation;
that he (Brewer) stood there as the special
| representative of the widow and orphan, m ade
so by Philemon T. Herbert
lie spoke OF his former position as States
Attorney In the western part of Maryland and
| commented, with considerable warmth, upon
the anxiety of the defence on the day pre.
vious to ascertain how he was to be paid fol
his services. Noting the change in the time.
since the last presidential contest, when the
| sweet Irish brOgue and German accent were
so much courted, he proceeded to recapitu.
late the circumstances of the killing of Keat.
| ing; he believed the killing came within the
lesser degree of murder, viz manslaughter.
Reviewing the evidence, he called the atten.
ton of the jury to the testimony of Dr. Miller
as to the direction the ball took, as an i'm.
portant point; also, he invited the attention
| OF the jury particularly to the testimony OF
Patrick Heating, as it was evident his testi
mony was to be assailed by the defence AID
mittlng there were some incongruities in the
| evidence in Heating statement, was it to be
expected that he could give as cool and lucid
a statement, while laboring under the excite
ment of seeing his brother attacked, as if q
cool spectator?
Mr.. Brewer proceeded with his review O.
the evidence until FIVE clock, when the court
adjourned until nine o'clock this morning, al
| which hour Mr. Brewer resumed his address
| concluding about half-past nine
Hon. Percy Walker of Alabama, followed
on the part OF the defence, and, in opening, an
| nounced his purpose to discuss the case with
| Sonees eho seh-Possesslon proper 10 II
DE spoke OF attempts that had been made te
give political aspect to this case There
had been persistent effort to build up a wa,
| OF ciasses-a war Of antagonism between
those more and less favored BY fortune
| In allusion to a remark of Mr. Brewer In
regard to having read the papers, Mr.. Walker
| said he could guess what papers had form ed
| the Judgment and moulded the action Of tn al
gentleman. Mr.. w commenced to read ex
tracts from various papers.
Mr.. Key objected
The Court decided that Mr. Walker could
| 90 on, provided he did not introduce irrele.
| want matter.
Mr.. Walker read from the New York Tri
bune, Of the 14th of May, An article upon the
ARRAY, and in which Judge Crawford was
spoken Of as having been appointed from the
State OF Pennsy lvania, and as having beer
| objected to at the time as Quaker and ar
abolitionist. Laughter Alsofrom same paper
OF other dates, and from late Boston paper
He commented upon the evidence, dwelling
| with severity upon the testimony of Heating,
| and his bearing while upon the witness stand;
and also upon the testimony of Devenois Mr..
Walker closed at half. past eleven a. m, when
| the Court took a recess.
| Mr.. Bradley followed, commencing at a
| quarter before twelve. He commenced with
q compliment to his predecessor, (Mr Walker)
| and spoke Of the disadvantage he labored un.
der in following that gentleman Another
| disadvantage was that he could not look upop
this case Aith any of that apprehension which
perhaps the counsel for the defence should
| always feel in a criminal case. The verdict
| of the jury must, he commended, be self.defence
Mr.. Bradley went on for an hour and TWEEN.
| ty minutes to give the evidence most rigid
examination, closing his plea with the conf
dent expression Of his belief in a verdict Of
acquittal.
The District Attorney followed Mr. Brad
ley, and is addressing the jury as We 20 to
press.
The case will 60 to the jury to-day
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