Evening star. [volume] (Washington, D.C.) 1854-1972, 1856-07-25
case that excited Masssch use,t. from its con

case that excited Massachusetts, from its GEN.
ire to its circumference case of almost I'M
paraileled atrocity, but he had not given the
circumstances connected with the engagement
OF Mr. webster on that case. Mr. Webster
stated that he appeared solely at the request
OF the Attorney General, without regard to
pecuniary consideration. The appeal made
here looked more like cry for blood than
desire to subserve the public interest.
Mr.. Radcliffe commended, with much bitter
moss, that attempts had been made to control
the public sentiment in regard to this case.
He would relieve the press Of Washington of
this imputation with the exception of one
little paper published in our city called the
Star. Mr.. Radcliffe read to the jury an cd.
itorial article from the Star in regard to the
trial, and spoke of the editor as the great
Msgnus Apollo of the Star What safety had
we when a man would make these assaults on
ajury' He believed the jury would do their
duty despite the attacks made upon them in
this miserable paper.
Taking the instructions, Mr. Radcliffe en-.
tered upon the inquiry who of the witnesses
have told the truth. He would not use the
hard word perjury, but would show that the
evidence for the defence is true, and that for
the prosecution untrue. He instanced the
case of Edwards who had been tried there
and whose life had been saved by the test.
mony OF poor outcast-a prostitute.
Abiding to the testimony of Dr. Miller as
to the direction of the bali he said there was
not boy present who couldn't have answer
ed the question as well and much better he
contradicted himself. What should be thought
Of man who undertakes to give an opinion
affecting human life, in this manner?
Mr.. Radcliffe closed at twenty minutes past
eleven O'Clock, and was followed by Mr.. Percy
Walker
THE CASE OF BERNARD MAGEB.-Yester.
day, at one O'Clock, the preliminary exami.
nation Of the witnesses in the case Of Magee,
charged with shooting and killing JAS Simms,
in Georgetown, on Tuesday last, was COM
menced, Justice Daniel Smith presiding.
Chas. Lee Jones, Esq, appeared for the de-
fence.
The Central guard. house, use of which had
been granted for the trial by Capt. Mills, was
comfortably filled by witnesses and others,
and everything done by Waterman Norwood
to render the place suitable. The witnesses
were sworn, and then called in the following
order:
John Whslen called Was present when
the ARRAY occurred was sitting on the corner
when Hutchins came up the street with Simms
and some young gentleman; don't know who
he was Hutchins said to Crown, "Hallo,
Crown" Crown said "What did you come
up here for? 2" Hutchins said 81 come up to
cut the pole down." then went down the
street for an officer; l went by Mr. Kitchens
house, but it was closed; went round the
square and saw Mr.. Trunnel and his brother
running; then saw Magee; he jumped over
the yard fence, and young Simms behind him
with an ak on his shoulder young Simms said,
4" You son of BIB, you killed my father;;''
Msgee ran up to Mr.. Ayers house; did not
see any moro Of the riot; I came to the Jail
with Magee; met Msgee on Market street,
after 1 saw him go up to Ayers house; was
not at the pole at the time; did not see the
firing.
John Potter called.-Was present whom the
affray occurred; was standing on the corner,
at Magee's house; Magee was there, and sew.
erai other gentlemen; saw Hutchins, Simms,
and another young man coming up the street;
mean Simms, Sr; two or three little bows
came running up the street, and they said
here comes Simms and Hillary Hutchins to
cut the pole dewn;" Magee said, cob, no, I
reckon not, they are just coming up to spend
quarter" Hutchins, Simms, and the other
young man came on the corner; Hutchins
said. Halo, Crown" Crown said, Is that
you HILLARY! What are you going to do ?'
Hutchins said, &c 1 am come up to cut the pole
down." then Simms went over to his house
and came out with gun in his hand and
| said, $50 ahead, Hillary, and cut the pole
down, and I'll protect you. 1 will will kill
| any Irish son of bitch. or son of bitch,
that interferes with you; then Hutchins
went to the pole and commenced cutting on
it; went to Magee's house; there was no me
down stairs and went up stairs into Magee's
front room; Magee was sitting at the window;
the window looks out on the pole; Magee had
gun in his hand when l went up stairs;
Magee said to them at the pole, "Be done
with that" or "Stop that" two or three
times; the halyards On the pole to hoist the
flag are fastened in Magee's window to a bed
nnsf II fvp ID
| heard the report of gun; it came from the
outside; can't say the report came from gun
| In or out Magee started to 90 down stairs,
and L was behind him; Simms and several
| more rushed in the house; Simms anne I'D the
| steps with gun in his hand there was but
one report before Simms rushed into the house
| that L heard; Simms got up to the head of the
| stairs, Magee fred, and Simms fell and said
ooh, Lord" Magee and myself went in the
dow and Magee got out behind me did not
see Magee any more till yesterday.
Z. 5. Wright called .-About clock, Tues
day afternoon, the I'D inst, was going home
to supper; ON Potomac street, was overtaken
by Mr.. Esau Pickrell; as we progressed, saw
crowd of young men or boys going up; they
were preceded by Hutchns and a stranger,
who 1 didn't know; the stranger was carry
ing an axe in his hand; Mr. Pickrell asked
me what they were going to do; l asked
one of the boys, and lie replied, " they were
going to cut down the hickory pole;;" Mr..
Pickrell expressed indignation at such pro-
ceeding, and thought the men ought to be in
formed of what they were about to do; L said as
Ipassed I'd warn then; when on the corner CD.
posite the pole, corner Of 4th and Market-sts,
spoke to Hutchins and the man who was with
him, and said he was melting a riot and about
to commit malicious mischief; told him it was
the opinion of Mr. Pickrell as well as myself;
the person who was with Hutchins imme
diately laid the axe down, and Hutchins took
it up. He said to me, "You id son of a
BIB, it is none of your business replied,
"Well, have done my duty" l turned to
go up Fourth street on my way home as
turned Hutchins, with the axe in his hand,
crossed Fourth street; when had got twenty
PAGES on Fourth street saw Simms come out
of his house with q gun in his hand pre-
Stunning he was one of the parties who put up
the pole, turned my face towards the pole,
seeing him progress that way; this man
III