Evening star. [volume] (Washington, D.C.) 1854-1972, 1856-07-17
VIEWING STAR.
LOCAL INTELLIGENCE.

new list Of talesmen, proceeded in the en-
deavor 20 form q jury.
John d. Evans and Joseph r. Hodgson were
sworn Enos Ray was challenged by defence
Henderson Fowler, do. John s. Fowler, do.
Michael Coombs was sworn, and this last, with
Mr.. Crandell, who now signi6ed his willing.
ness TO serve rather than put the Court to any
further trouble, made up the requisite twelve
Eleven were sworn in, and the twelfth accep-
ted, but not sworn, that the jury might spend
the night at home.
The jury now stands as follows:
Francis B. Lord, John Ball.
Thomas Milstead, John d. Scrivensr,
Samuel Ovens, John D. Evans
John &. Robinson, Joseph Z. Hodgson,
Leonard Storm, Michael Coombs,
Richard Butt, James Crandall.
SECOND DAY.
The Court met at 10 o'clock this morning,
and soon after the prisoner was brought in.
He looked sallow and somewhat depressed,
and talks very little. His counsel are seated
near him, occupying seats at the movable
desks instead of at the long blue table. The
court room is again crowded, and the atmos-
phere almost insuferable.
The District Attorney is assisted by William
p. Preston, of Baltimore; counsel for defence
remains as on the former trial, Messrs. Brad
ley, Radcliffe, and Hon Percy Walker.
Ou INC iiet VI hlcn8ru Dutt
was found to be absent, and some delay was
occssioned in consequence At half-past ten
the missing juror made his appearance, and
the trial was entered upon.
Mr. Bradley asked that, as on the former
trial, the witnesses be excluded from the
courtroom; and it was 80 ordered by the
Court.
The following witnesses were called for the
prosecution: DR.. Thomas Miller, Patrick Keat.
snO Inhn EnrIOht Ghas 0nipn
erick, Jerry RiOrdap, James Quinn, Henry A.
Willard, Francis A. Maynard, Gabriel E. De-
yenois, Michael Carroll, VIM. Scherger, and
Robert SchwartIe.
Maynard and RELY were reported no,. est
The District Attorney opened the case, and
proceeded briefly to define murder and man
slaughter-the first being killing committed
with generalization and in cold bleod, and the
latter being committed while under the infu-
ence OF ftoor brevrs, or short madness He
deemed 1t unnecessary to 90 into details of
what will be the testimony on the part of the
United States, preferring they should hear for
themselves as 1t should be brought out upon
the trial He closed by invoking the jury to
give their earnest and uninterrupted attention
to the case without bias or prejudice
Mr.. Bradley followed, commencing by say.
ing that 1t was his duty to state the defence
in this case. He had hoped the learned pros
ecutor would have stated to the jury the law
bearing upon the case, and the outline of the
evidence TO be adduced. As he, (the Distric,
Attorney however, had not deemed it ad.
visable to do this, he (Mr B. would state tbs
law generally as applicable to this case Un-
happily there was, as had been stated by the
District Attorney, great excitement in the
community; 1t was feverish excitement
there was not only morbid appetite in the
community, but unhappily there were in.
struments supplying food to this excitement
The press, out Of the simple facts in the case,
had produced an excitement not confined to
this community, but which had extended
throughout the land. This instrument-the
Press-hsd not only furnished garbled and
distorted accounts of the transaction, but ad
even assailed the purity of the e-mine-no,
directly, indeed, but indirectly. The deport.
ment Of counsel, and the manner Of the pris.
oner had been commented upon. He had
seen one of the members Of the press in thi,
court room advising the prosecution in the
selection OF jury. What gave rise to all
this excitement? Was the prisoner to be
hunted down because be happens to hold q
prominent place in the councils of the nation
Did anybody ever hear Of So many Californis
papers here before as are in W ashipgton a,
this time! Who were the parties at the bot
tom Of this attempt to prevent fair and i'm.
partial trial? He congratulated the prisone,
upon having jury, not Of young and rockies.
fuence by popular clamor
Mr.. Bradley went on to detail the occur
rences Of the ARRAY at Wizards and afts,
summing up the law points in the case, closed
by stating that they would proceed with the
examination, In order to close by tomorrow
night.
DR.. Miller sworn.-On the 9Th of Nav wa,
at Willards' found Thomas Heating diving ir
the wash room ofthe hotel of pistol wound; hs
died soon after; had the body removed to the
lnhrmary, and made post nl0rtsm examina
ton on the next day wound was on the right
side Of the chest; the external appearance Of
the wound was blsckened but not burnt by
powder; soft parts Of the wound were filed
with bruised blood opened the chest and
found large quantity of blood in the cavity
Of the chest; the bullet passed through the
lung and nth rib; the ball passed through
perfectly horizontal, or at right angles with
the body; there was a slight variance Of the
ball from tie medium line Of the body: no va.
ration horizontally; had mislaid the ball a; it
was large balls the opening was large enough
TO admit his little finger readily the pos.
r1ortsns was not made the same day, as it is
not pleasant to make the examination until
the body is cold.
Cross-examined Deceased was, he should
suppose, about five feet eleven inches high:
was muscular, healthy man; his weight was,
perhaps, from one hundred and ninety to two
nunOred pounds; II ball strikes a body at an
angle, 1t would make a detection; sometimes it
would follow rib around the whole body, but if
nwas directed plum to the body, it would be apt
TO 90 directly through; he had compared the
iRe Of the ball upon a skeleton with a spirit
level; If the pistol was held close to the
body thought the wadding would burn it;
At he should take an oath one way or the other
he should say deceased must have been in an
erect position when the shot was fred would
not say that it was impossible for a ball to fol-
low such q course while in a stopped position
ne made thorough autopsy Of the breast.
FatTtof keGttng sworn Was in the kitch-
en- when the occurrence took place; several
persons came in and told him that Herbert
was beating his brother; he made a short
pause, not thinking the matter was 80 bad,
and went In to see the truth of 1t; went in
and saw Herbert beating his brother with
chap; took q sugar bowl, and pitcher that
he thought contained milk, and went towards
Ar. Herbert, showing that he came to pacify
him; when Mr.. Herbert saw him coming he
turned around and approached him in very
wild msnnsr, with the pistol in one hand and a
chair In the other; witness said to him in a very