Evening star. [volume] (Washington, D.C.) 1854-1972, 1856-07-28
EV ENING STAR.
LOCAL INTELLIGENCE.

smith, George d. Spencer, David W. Oyster, |
Aaron Devine, John w. OFT, Enoch Moreland,
John Scribner, III. narrower, Vassal Robey, |
Simeon Matlock, and Jeremiah Mcknew.
At 10 o'clock this morning the Court met,
the twelfth juror was sworn, and soon after
the prisoner was brought in.
The District Attorney opened the case, by
expressing to the jury the distinction between
murder and manslaughter, and by briefly mar
rating the facts of the killing by the prisoner
of the deceased, William R. Nally, on the 18th
Of May last.
Charles Lee Jones, Esq, followed for the
defence. The prisoner, he said, stood in
dicted for murder. the highest degree of hon.
icide known to the laws; but they expected
70 show to the satisfaction of the jury th at the
killing was justifable homicide, or at least
eIcusable homicides
Mr.. Jones went on to depict, in animated
language, the aggravated provocation which
led to the deed, and which, he contended was
cause enough to frenzy any mans mind
He spoke of the prisoner and the deceased
acquaintance and friends; of the deceased
having been the avowed sutton of the sister Of
the prisoner; of the betrayal of this sister by
the deceased in some weak, ungusrded, con
fding moment; the deceased had not only ac-
cOmplished his hellish purpose, but had glo-
ried in his infamy; publicly boasted of the
deed, and from day to day insulted the family
William w. Nally, sworn.-Is the brother
of deceased; went to his mothers 10 minutes
before l o'clock the day of the ARRAY; his
brother said ''let's 90 over to Mr.. Gaddis and
get piece of soap" they went across the gut
ter, and Mr.. Jarboe jumped over the gutter
in front Of them and said, "what do you in
tend to do ?" or "do you intend to marry her,
witness does not recollect which he said his
brother replied, "yOu see what m going to
do" or you will see;" witness does not know
which; as soon as he said this, Jarboe pulled
pistol from his pants pocket and shot deceased;
the pistol was revolver; there was only one
shot; JarbOo was not over yard from de-
ceased; did not see the wound; deceased then
turned aud went towards home bis brother
turned and started towards home; witness did
not see him staggsr at first
The defence objected to witness stating what
passed between him and JarbOe after the
shooting, and referred to a decision in the Ed
wards case
The District Attorney contended that the
case was not analogous
The Court decided that what occurred i'm
mediateiy after the shooting, that was calcu-
lated to throw any light upon the case, could
be admitted as evidence
MIR. Bradley submitted to the Court the evil
dence Of the witness given at the preliminary
examination, and the Court decided to admit
it.
Witness testified that Jarboe turned to him
and said - You id son of bitch, I'll shoot
you too, witness then ran and grabbed his
brother and took him home, blood was run
ming out Of his mouth; when his brother was
shot, was not more than twenty or twenty five
yards from his mothers house; Jarboe came
with lady; he called this lady his sister; he
called her before the shot; she was not more
than yard or two from her brother at the
time the pistol was shot; no one else was pres
ent that witness saw; witness took his brother
heme ard went for doctor, add when he re-
turned his brother was dead; his brother at
tempted 10 use no weapons when be was shot;
he was on the ordinary route to the navy
yard; work began at the navy yard at l clock.
Cross eIamined.-As soon as deceased an
svered the question witness saw the pistol !:
the young lady was standing a little to Jar.
boe's left at the time Of the shot did not take
any particular notice of her to see who she
, was may have seen her before; has seen
Jarboe S sister; has seen her at Jarboe' house
ence or twice; cannot say whether she was
Jarboe 5 sister; does not know whether his
brother was armed that day; had seen hi.
brother have pistol; this shooting witness
thinks was on Thursday; walked out with his
brother to the Congressional burying ground
en- the Sunday previous; recOllects pistol
falling out Of his brothers pocket on that
occasion thinks il had cap on a man
by the name of Bell was with them doe.
not recollect about his brother saying to
Bell why be carried this pistol witness had
asked deceased what he carried a pistol
In his pocket for, and he said she had
heard his life was threatened" deceased did
not tell him who threatened it; will not be
certain whether be had been in the habit OF
going to work in company with his brother fol
the week before the ARRAY; deceased and Jar
Doe worked IN the same shop; witness worked
IN another; witness never went to Jarboe's in
company with his brother; was aware of un-
kind feeling between his brother and the Jar
Doe family; had visited Jarboe's since that:
his brother had told him that he was engaged
to be married TO the sister Of Jarboe; did not
know that Mr.. Charles Russell was engaged
to wait upon his brother; went to Jarboes TO
satisfy his mother; thinks he told her 1.-THE
sister that his brother said he would not have
her; thinks he told her that his brother said
he was innocent, and would not marry her;
said TO her and her father that if his brother
were guilty he was a rascal; does not remem-
Der II he said id RASCAL; his brother told
him the reason he would not marry her
was that she was most too thick with other
men-marrled men; his brother was TWEEN
ty years old the week before he was mar
ried; did not state 10 her the reason why his
brother said be would not marry her; when
he went to have this interview at Jarboe's his
brother accompanied him part of the way
witness suggested to JarbOo (the brothsr) TO
see Tue mother OF witness about it does not
Tecollect taking advice; thinks il was not that
night that be had a conversation about what
could be done with his brother by the Jar.
boes; had said 10 the father of the prisoner
that If his brother had done so and so he was
wrong and ought TO marry her; bis brother
was with him when he consulted the consta.
BILE
eusanna Irwin, sworn.-0n the 18th Of May
gentleman and lady came in her house; wit.
ness was looking out Of her up stairs window;
saw the Nally' coming across the street, and
me gentleman and lady go out to meet them
heard Jarboe say to Nally, "Do you intend to
marry her; thinks the reply was "no;" then
saw Jarboe take out pistol and shoot NaIly;
saw Nally have his right hand in his pocket
and has left hand at his heart. and when be
was shot he put both hands to his breast: did
Lot see Nally have any pistol; didn't know
Tie gentleman and lady thinks the gentle
man was the prisoner; witness keeps shop
they came In the front door OF the shop;
the prisoner looked W witpaso