Evening star. [volume] (Washington, D.C.) 1854-1972, 1856-07-14
STAR.
LOCAL INTELLIGENCE.


the profound silence of the immense crowd in
attendance Reserving his energies apparent
" for this closing effort his address occupying
and hour and half in the delivery, will long
be remembered by those present as one of
great power and ability. He reviewed the
evidence in the case, and presented the salient
points to the jury with mastery clearness
and precision. He urged that Herbert COM
menced the fray; that it was one transaction
from its inception to its termination, and thai
il was a case not Of self defence, but of man
slaughter. 1t would not do, he commended
for a man to commence q quarrel, and when
he finds himself getting the worst of it, to end
il by taking human life.
Mr.. Key closed for the prosecution at three
o'clock
Mr.. Bradley asked the Court to instruct the
jury upon the points of law, and Mr.. Walker
immediately rose with set of instructions
framed by the defence, which he asked should
be given to the jury These Mr. Walker pre-
ceeded to read, and then passed them up to
Judge Crawford, who promptly reported them
to the jury as the Instructions of the Court.
These instructions as follows:
"lst If a sudden ARRAY arose between the
accused and the deceased, and afterwards
several other persons interfered to assist the
deceased, and by these assailants the defen-
dant was borne down and beaten, and had
reason to believe that he was in imminent
danger Of great bodily harm, from which he
could not safely escape, and while in this posi-
ton fred the pistol by which the deceased
was killed, it was in judgment of law case of
exeusable homicide, and it is immaterial, in
the absence of premeditatiOn and malice, by
whom the ARRAY was commenced. And it is
also not material that the accused mi ht have
escaped before the imminent peril came upon
him, if at the time the peril came he had rea-
son to believe himself in imminent peril of
life, or of great bodily harm, and when he
fired the pistol he could not safely escape
"2t. To have authorized Herbert to take
the life Of Heating the necessity for doing so
need not be actual for if the circumstances
were such as to impress his (Herbert's) mind
with the reasonable belief that such necessity
was impending it is sufficient.
Sd. If the jury believe, from the evidence
that at the time the pistol was discharged
Herbert was being pressed by superior mum.
bers and was in danger of death or of serious
bodily harm, and from which he could not
safely escape, he was justified in taking life
4ih. 1T the jury entertain reasonable
doubts as to any material fact necessary to
make out the case for the Government they
must give the benefit to the defendant
Mr.. Key stated to the court that the jury
one Of their number being sick-asked leave
to 60 to the National Hotel
Judge Crawford decided adversely to the
request, stating that in case of granting
similar one previously, a bill of three or four
hundred dollars had been run up.
The court met again at half past six o'clock
Saturday evening, when a message was re
eeived from the jury, saying that they had
come to no agreement, and requesting the
court to adjourn to meet at half past nine
o'clock yesterday morning which was agreed
to.
The Court met yesterday morning at half
past nine o'clock, and awaited until eleven
o'clock, a. N for verdict in the Herbert
case, having, in the mean time, DISPATCHED
several messages to the jury. At this hour,
there appearing no immediate prospect of the
jury coming to a conclusion, the Court ad-
Journed until this morning.
The jury is understood to be ten for acouit-
tai and two for verdict Of manslaughter.
To-day, the court is engaged with petty lar
ceny and assault and battery cases. The trial
of Jarboe for killing Nally will be the next
case OF Importance, and will perhaps be taken
up Tomorrow. The interest felt in the de-
cisiol of the jury in the Herbert case and
which has been peculiarly intensified by the
instructions Of the court, is manifested by the
crowded court room, and by the groups of ex-
cited individuals engaged in animated con-
versatiOn upon the City Hall steps, DESPITE
the fierce glare of July sun.
2P. Mo verdict has been given yet in
the Herbert case
The Jarboe case has been assigned for to-
morrow week.
A LANCASTER GUN.-Our new "devil, "
who was powder monkey to one Of the
Lancaster guns" which so badly battered
the Malakof, and who, from having seen
Athens from on deck in the Piraus, fsncies
ne IS half Greek. Is responsible for the follow
ing:
"Helloa, Sam what's so funny there"
I" Hi Loco, is that you? why l. IN laughing
at what one Of your keen editors has got of
about your keystone candidate.
"W hat is it, Sam
He says the Democracy have anew sort of
cannon to fight this campaign with,-to wit,
Bu-cannon"
Very good but does he stop with that 9'
Yes, that's all. Why?'
" Because, Sam, he mi ght have went further
and said that since bn is the Greek for large,
We have faTge-cannOn, great gun, a per-
feet peace maker to fight the campaign
with
Hem! Yes, see A perfect Lancast.r
gun. IEzennt Sam ct Loco
We may further suggest that our Sebastopol
hero Is the Loco of the above dialogue and
further yet, that soon thereafter they were
seen hobnobbing over a mug of lager.
ATTEMPT AT SUIcIDE.-On Friday, Mr. f.
citizens as an expert workman in the graning
branch Of the painting business, attempted to
destroy his life by cutting his throat with q
razor, while several miles in the country,
where be had gone to do some work. 1t is
said that be went to store and purchased the
razor but a short time before the act was com
United. The wound upon the throat is large
and severe; but as he was doing we'll when
last heard from, there is some hope of his re-
covery. He was brought to the W ashington
lnhrmsry for treatment, where he has receiv
ed prompt attention from all connected with
the institution. The rumor, yesterday, that
the act was committed at the Infrmary is in
correct
p. S.-Since the above was put in type, Mr.
Wslmsley has died from the effects of the
wound upon his throat.
A SERIOUS JoKE.-On Saturday night, a
young man, who appeared to be entirely un-
acquainted with the police regulations, was
taken In the ri housa hv tuo parsnna ho