Evening star. [volume] (Washington, D.C.) 1854-1972, 1857-12-31
Ioc.L INTELLIGENCE.

Il
r. Court then took up the case of Joseph
~ charged with assault and battery on Eu-
Di Ispahan WI b intent to kill him, on the 10th
go I,<t No venber The case opened for the
-..seuiiOn by calling
PROSE-, LaaahaR. swo,n.-IIis evidence was
Essss,,ncc a. follows: He had been to The City
IN - business aud afterwards went down to
HansS,,s Restaurant. from whence he dropped in
bep.,sr nubant'S; and there, I'm company with a
a. 1aurd ECOk. proceeded down the Avenue
.nTards Birch's Restaurant, where they went in
Ws drink Hook boards at Mrs. RobinsOn's
10 ,bs Capitol gate. Witness. In going IN 10
nee h1r ~ drink asked all hands to dIink with
tPs ,rsny persons were in the room: several per
DIM s,cpped up and drank; witness saw Birch
>onS5i,g in tho middle Of the floor: he had on a
ST. dab coat and black hat. After the par
-. had all drank. they went out, at a time
.,pyi NJ some ten minutes in doing So In less
fI;aIf an hCur after witness entered the honSs
Oh went out. the crowd following him: thinks
tSSarIsS Thompson was in the house at the time,
IA a Young bar-keeper named Cunning ham;
w-ral other persons were present, whose faces
.,osSs knew, but did not know their names
1ircb while in the room, said nothing harsh TO
,Ti,n,<s: but the looks of many of the party were
,h,stlpnng towards witness. Saw tall man
-i,b close cap drawn down over his eyes as if
90 conceal himself; witness though t he knew the
call man: witness and Hook passed ont of the
bon<s and walked on towards the Capitol; and
ipst as they were passing the TibeT-creek arch
Birch passed themi and several persons who had
her az Birch'S crossed over in front from the
south side of the Avenue; soon aftcrward - they
were in front Of a cigar shop. further on. two
men met witness and Hook; and one of them a
rail- nan. with a close cap drawn down over his
eyes struck Hook, knocking him up against
witness; and, just then, Birch ran up 10 deponent
and put his hand on his (yitness;) breast pulled
out a pistol and fired witness hardly knowing
whether he pointed directly at him or at Hook;
witness never had any hard feelings towards
Birch; bad never shot IT him, nor at his horse; on
the contrary. Birch had shot ut witness This
took place at the race course. Witness had dis
charged his pistol into the ground, the discharge
setting fiTe to both witness and BiTcI's coats.
but Birch shot at witness, pointing directly at
him. when Birch shot at witness witness struck
Ri Oh over the head with bis unloaded pistol
This was quarrel made up at the time on the
SPOT. Witness was not drunk on the night of tie
18th Of last Nov enbeT; never offered TO abandon
this case for 81 UgU. Brch'S friends came 10
witness every day 90 try and effect compromise
Of The matter, IL witness would leave the CITY,
MI J'hn Cook met witness 1T his Cook ~ own
suggestion, 10 settle up the matter, without com
mg to- trial Bill Thomas, also, together with
Cook endeayored to compromise. offering wiz
Hess $50 to abandon the suit; witness Thought il
1OO small sum, and said that he would TO: take
less than S5OO- Every day BiIch's friends tried
10 Effect compromise with witness, who never
made the INST proposition, but told Cook that
slfJO was little enough 10 take for such an iniu-
~ knew of no reason why Birch should shoot
him.
John BTOIcsTS, sworn.-IS one Of the extra po-
lice. was out on his beat on the night in ques-
ton. and went down to the corner OF Third st
ard Pennsylvania avenue when the old watch
went Of guard witness got orders to GO down to-
wards the Capitol; went, together with officer
1Omdx, towards the south gate of the Capitol;
had got to the gate opposite the botanical gar
dens when they heard the report of pistol; wit
ness instantly started and ran back towards the
direction Of jhe shot; soon he got near heard
some one say ''oh, nv God, I'm shot ~ witness
went mp TO him and found him bent over in from,
Il cigar shop; witness found it to Lanahan;
witness pulled open his coat aud vest and found
that he Was shot in the right breast about one
inch above the right nipple; took him to Kings
drug store; was midway between the main gate
and the extreme south gate of the Capitol ground
whel the pistol was discharged; did not paw any
attention as TO who was there when he arrived
on the spot after the discharge; crowd Of some
twenty-five persons were Standing about soon
after witness arrived al the spot
OfIc:T DOH0PkaH. sworn. = Belonged to the
extra watch At the time of the occurrence; was
standing at the corner of Third street and the
Avenue when tue pistol was fred witness ard
Carter and King Immediately started down and
met crowd in front of Birch's. coming towards
them: Birch was with the crowd; they were CON-
ing from below Blrch's house, and when opDo-
site there, went in--all except the two hindnoSt
ones, who stood in the door and looked back to-
WtFds the Capitol; went on towards the place
where the wounded man was carried to; knows
Birch; Is positive he was in the crowd in front of
his house; he had on a light coat and black hat
JOAN F Garter, SwOfn.-BelongS TO the special
police; was standing on the corner of Third u
aud the Avenue, with Oficers King and Dono-
Fhan, when they heard the report Of pistol; they
all started rapidly down the street, and met tb,
crowd coming up with Lana han; saw Birch come
ont OF his house, when Blowers made a grab al
him, and he fell back; witness then went up and
arrested him; Birch wanted 10 know what he was
arrested Tor, and witness told him that I.dnahan
Lao sad IL Was be vino shot him; Birch asked
leave 10 get his coat aud hat, aud he was IA ken
down into the basement of the ST Charles Hotel
while one OF his friends went and bI oug lat them
ne put them on, and was taken to the watch
house
Mr Maury announced that he should rest fhe
case here for the prosecution.
Inc Grand Jury coming in were called and
discharged until next Monday morning at eleven
O'clock "
NJ Radcliffe, for the defence, then addressed
tlt jnTy, stating his ground or defence to be-
ether 10 prove that the chief witness Ianahau(
Wes al the time ldbOTiug under some rxtrsordiu-
airy h4iiUcinatiOH, or that he Was guilty Of uer-
Iaiy lie proposed to prove this by medical EVIL
dehcs To show that when the physicians were in
attendance upon him he drunk TO that eX-
VI That they would not have believed any state
Drhl which he might have made on that night
y hHtcf, >woEn.-Sdw Bsnahan about half
an Loui after he was shot; don't know If he was
U"hk; hut he was violent and inCoheIeDt and
When Questioned q required some effort TO make
Alh answer: such conduct not consistent
win the Character of the wound; witness did
hot link that under those circumstances he
NVad nave relied upon any statement that he
would have made; should not ascIibe his condI
Lua 10 the wound, but from some pxtranrous
aus Dit there may be exceptional cases; the
'uhd was clean, and there was no appearance
o. b'uising; man OF nervous tempefament i'm
w condition mig lat be moe excited; the nature
- eA-N' wounds Is to subdue and quiet because
'1s ~HseS a-c rot DESTROYED, nut ca I'm and the.
PARENT J. obcdiFnt; the wound was small extcr-
Is - 'i' runs Hi'-h Ut
~ Craig, sworn.-Went with DR. Elliot to
- Ldndhan; found him the floor in A small
,yoh back Of he store; his shirt Was on bat the
'VH was torn open: examined him and found
" SHALL ball wound near the right nippIe: he
NuPId and heavy: said but little when due--
o1-d th-re was some difficulty IN making him
t'grfsand; when be- was told that his life was
- uAlSef, he became violent, and this was added
YtL- presence and conversation of his friends;
- Mlnd became excited: he looked wild; the
tashcy OF 2un-ShOt wounds is to calm the suf-
lsf a mans temperament, however, il to he
,ouA.oeirdi would not rely upon upon the state
-, -. upon oath OF man under those circun-
vH,Arg BHTHS, sworn-works in the Navy
KNOWS Joe Birch. was present when Ian.
80 eaine into The restaurant With friend all
80 drink together and went out about one
80, -s.-'e after l.anahsn aud his friend went Out
"l hrss AID W IN. Mooney went out together and