Evening star. [volume] (Washington, D.C.) 1854-1972, 1856-07-26

HE GFoRGEToWN HOMICIDE The exami-
nation of Bernard Magse, charged with the
Tuesday last, has resulted In his committal to
Jail for court. The following witnesses were
examined, in addition to those published yes
terdsy:
John Potter, SEN, called Was sitting on
Magees front steps; saw a gang Of boys run
ming up the street; they said Hillary Hut
chins was coming up to cut the pole down
looked round and saw Hutchins, Simms, and
the other gentleman coming along; the young
man didn't know had an axe in his hand
Hutchins came up and said, Halo, Crown,
or how are you Crown )" Crown said "Is that
you. Hillary What did you come up here
for" Hillary said ~ come up to cut the pole
| down." Simms went across the street and re-
| turned with q gun in his hand and said,
| Come on, Hillary, and out the pole down
I'll shoot the id Irish son Of a bitch, or son
| Of bitch, that interferes with you; heard
Magee say go away or quit; heard the report
| Of q gun, and Simms made a rush at Magee's
door don't know whence the report pro-
ceeded was watching HutchiHs at the time,
| he was cutting the pole Hutchins let 20 the
axe and stopped cutting, and said to Simms
| I've got couple or pair of pistols and will
| lend them to you to kill the id Irish son of
bitch Simms and his son, who had an axe
on his shoulder, made a rush at the door
Simms had gun; saw a young man coming
down and started to tell him to 60 back saw
Hutchins then run by my door; thought 1
heard two reports, one sounded as if in the
house; think would have heard them had
there been more; Simms never had hand in
putting the pole up; he never had anything to
do with it; Mr. Whalen and myself cut the
pole, and Msgee had persons to bring it in
and put it up; We put it under his particular
care Mr.. Ould, as acting Mayor, gave us per-
Il -
threatened to massacre Magee-that is, mash
him M; but didn't hear him say he would
kill him; Magee always said he did not want
anything to do with Simms, and if he attacked
him he would defend himself; Simms was
very violent man.
| George Toomey called.-Was sitting on
Magee's horse trough; some little boys came
up the street and said Hutchins was coming
to cut the pole down; Hutchins, Simms, and a
| stranger came down to Crowns corner; the
young man had an axe in his hand Hutchins
and the stranger went into Crowns; Simms
went over to his house and come out with a
gun; Hutchins got the axe from the young
man; didn't see who shot; heard the report
| of gun never heard Magee make threats
towards Simms or Hutchins don't think there
was more than two reports; there was consid.
cradle noise in the street; when the first shot
was fired Hutchins stopped cutting; young
Simms had the axe when he followed his father
into the house last report seemed to be in the
house ; saw but the gun Simms had.
James o. Thorn called.-Was at the corner
when Simms Hutchins, and another did not
know, came up; the stranger had the axe;
they went to Crowns corner; was not near
enough to hear what they were talking of !;
Simms, ST., went into his house and came out
with gun; did, mt see Magee at all; Simms
said to Hutchins "Come On, Hillary; cut the
pole down; I'm ready; I'll kill the first son
of BIB, or Irish son Of b-h that shows
his head. Simms had his gun in both hands.
directed towards Magee's house as if ready to
FIRE; did mt see Magee at all; heard the re
port of q gun; 1t was was not Simms that fred
then; could mt tell if it was in Magee's house
or in the street; never heard threats from
either Magee or Simms; when Simms got into
Magee's house, after the first fire, saw him
7 raise the gun to his face, and the cap 90 off
Simms's son followed, and said Rush in papa
and kill the Irish son Of b-h; heard a gun
afterwards; thought it was In the house; the
, father and son went in the house after the
firing of the gun; the son had an axe; Simms
, put cap ON the gun and turned to 20 ur
! stairs, when L heard another report; don I
, know who fred the second gun; examined
. particularly and saw no bloed on Simms after
the first shot
. Lloyd Thorn, called Was standing at
Magee's corner; some boys came up the street;
asked them where they we're going; they said
8 they were going to see the pole cut down T;
0 | heard a shot fired; it seemed to be more in
> the street than Magee's house; saw Magee 90
: in his house when these parties got up there;
Simms and bis son were going towards Ma
{ gees door; Simms had blood coming out Of
| the right side of his face; wasn't much Of g
wound; he came to the steps and snapped a
s | cap; don't know who at; he went in the house
t and his son said go in papa and kill the Irish
{ son of BIB; after he got in the house heard
f another report Of gun; didn't see who fred
: | 1t; saw Magee jump over into Simm's yard
saw nothing further; didn't SEQ Magee after
0 he went in the house till he jumped int
. | Simm's yard.
:. DIR. Cragin called.-Was invited by the fam.
/ lily to examine the corpse and hold post
o | norton examination; declined the examina
I | ton, but went to see the body; on turning the
cloth down, saw four wounds on the left side
!, | of the throat in the immediate neigh borhood
q of the carotid artery and jugular vein; whethe,
they wounded those vessels can't tell; the
Q | wounds were apparently made by large shot
s or small slugs. Justice Smith here directed
E l the prisoner to be brought in. The wound:
Q were nearly in line from the collar bone tc
| the larnyx, and about an inch apart; the face
8 on the left side was considerably burned and
blackened, as though by the explosion of a
, | mpsket near by him; the integuments of the
. face we're torn, lacerated, laying open the
I face from the mouth to the j.w-bone; cannot
say the wounds caused death; they were in
the neighborhOod of vital organs, but whether
they were infused L can't say; judge from
comparative appearance, the wounds were
made by different shots; those in the neck were
made first, because the face was burned and
blackened, as if fred nearer; on the breast,
two or three marks Of small shot on the skin
Henry Reaver called.-When / got to the
spot the man was dead; on Monday, Simms
came to my Office and asked a warrant against
Magee fer selling liquors on Sunday; on Tues
day, about six o'clock, Magee came and asked
a warrant against Simms for buying goods,
knowing them to be stolen; / refused, and
told him had decided that case two months
ago; he said if didn't he would 60 to the
grand jury for satisfaction; never heard Simms
make any threats.
Susan Crown, daughter of deceased, called.
Was present when the affair occurred stand
ing at my own door; when Hutchins, ny
father, and q man L didn't know, came
a.