Evening star. [volume] (Washington, D.C.) 1854-1972, 1857-03-28
EVENING STAR.
LOCAL WTELLIGENOE.

closed yesterday. and was testifying as to an
inquiry put by Hume to Lss, what evidence
Lee replied that he saw Hume's right
hand coming from his pocket; Hume then en-
tered into Q very elaborate explanation of the
relative position they occupied at the levee 10
show that he could not possibly have picked
bis Gees pocket; Mr.. Walker proceeded to
describe what transpired subseq uently: his
testimony being substantially the Same A Al.
ready given; witnesses face almost touched
Lees when witness shook hands with DR. NH.
ler; witness at the time bowed TO Mr.. Brovn
In tho room; Is satisfied that Hume appsaIsd
TO Lee four times If he still persisted in be.
IeVing ina. ne picked his pocket, and that
Lee responded in the affirmative each time:
alter this. Hume struck Lee, using the words
fou d rascal, do yeu say stole your
Pocke~oook' Lee, on receiving the blow
assumed very curious position, doubling
himself up, and drawing himself up, as it
we're, nearer TO hume; did not see Lees hands
raised as IL to ward OF the blow; observed but
one blow; In almost less time than il would
take him to tell il he heard the report of a
pistol; 10 very certain Hume held the stick
only in one hand when he struck Lee THE
grand jury here came in, and were dismissed
until Monday morning. at IL o'clock Has
no recollection Of hearing Hume use the ex-
preston about meeting Lee If he had to meet
him in hell" believes he must have beard
everything IN at was said, unless when shaking
hands with DR.. Miller
CrOssexamined.-After the first blow Hum,
and Lee were so close together that If there
were any subsequent blows they must have
been very light ones
The court upon the conclusion of Mr. Walk.
err testimony took . recess of fifteen minutes.
until 2 p m.
Josspd Z. Rawlings sworn Saw Lea n, N.
morning Of the 18th Of February last AZ N.
corner of 20sh and 81 streets; witness was &C.
companled by man named Cogan; Lee asked
witness where he could borrow n revoIver
witness told him he had one, but il was too
large TO csrry IN bis pocket, If that was what
he wanted, but that he could get him one Of
Mr. Handy. Cogsn asked Lee eff the dogs
were getting bad againr' Lee laughingly
answered yea this was between and &
o'clock in the morning.
The District Attorney announced that the
evidence for government closed here.
DR.. VIM. B. Msgruder sworn for defence -
The pistol used by Lee on the 18th of Feb
mary was shown to DR. Msgruder, who idep
tined 1t as one he had seen at Lees house
some time last summer, during visit there,
and which Lee at that tine told witness had
been IN his possession for a long time
Cross-examined not remember how
the pistol came TO his notice. but his impres
sion is that he picked it up from a shelf where
1t was lying; hiss known Lee for four or Eve
years; has been his physician; Lee is a feeble
man, so much so, that about year and half
consumption. The cane used by Hume upon
Lee was shown to DR.. Magrudsr, who gave IL
as his opinion, IN answer TO a question, that
blow struck with the ferule end of the cane
upon the temporal bone would kill any man
Andrew Carroll was sworn, and idsnti6ed
the pistol as one he had seen ct Col. Lees
house last GUNNER, and which he was eau.
toned by Col. Lee not to handle, as it was
loaded
Benjamin 2. Darby, of Georgetown, was
sworn, and identified pocket-6ook shown
him, as the one he found in the pocket of his
drsss-cost on returning from the Presidents
lsvee on the night of February 9th; on OPEN
Ing il he found the name Of Lee upon some of
the papers, and on hearing Of the ARRAY ne 1t
morning, he took il TO Justice Drury's office,
supposing it might be the one in question.
Samuel Drury, svorn.-Is Justice of the
peace Of this county; witness identified the
POcketbook as the one brought to him by Mr.
Darby, and which, On being shown to Lee,
Who was at his ofice, was identified by Lee rs
the one he had lost; Col. Lee came to his Of
Ace after the ARRAY and delivered himself up;
witness identified the cane in court ss the one
brought to his Office on tia: morning; when it
came to his office the ferule was of
James &. Smith, sworn-Is q partner with
Stevens, the halter; sold cane on the morn
Ing Of the 18th Of February to Mr.. Hume re-
ssmbling this one; this was in the neighbor-
hood Of nine O'Clock in the morning
The evidence here closed for the defence.
Mr. Bradley, for the prosecution, asked
that the Court should instruct the jury as fol-
lows:
"h, from the whole evidence aforesaid, the
10 ihe death Of Hume, the prisoner and Hume
parted In anger, with the expectation that they
would meet the next day, and that the pris-
oner, In anticipation Of said meeting, pre-
pared himself with . deadly weapon, concealed
the same about his person, met hume, and by
reiterating the charge he lad made On the rreyf-
" OkEd In Ia arlF
upon him; that Hume did make the said ar sat;
aad thereup0n the prisoner killed him with the
said deadly weapon; then II the jury shall further
believe that the prisoner INTENDED In p5.cGring
the sid weapon 10 Kill said Hume In case be
should make said assault, and also Intended TO
pfovose him, and dad provoke him, to make the
same, he Is guilty OF MURDER
The law points, and the facts involved in
the Instructions asked, were argued and
brought out by Mr.. Bradley for government,
and by Messrs Davidge and Chiffon for de
fierce, with degree of legal acumen which
challenged the undivided attention Of an au-
dienee which had been standing In most IN
comfortable position from 10 o'clock q. IN, to
o'clock n.
Upon the conclusion Of the arguments Judge
Crawford gave his answer to the prayer Of the
prosecution. refusing the instructions asked
and in doing 50 averrod that the evidence did
not provo that Lee designed TO provoke Hume
8 make an assault upon him.
The court then adjourned.
FOURTH DAY.
Major Lally's name was accidentally mis-.
printed Nally in yesterdays evidence.
The Court met at ten o'clock this morning,
the room being crowded again.
The District Attorney asked that the follow
ing instruStions should be given BY the Court
TO the jury:
IL the jury believe from the evidence that the |
prisoner at the bar prsneditated taking the life
Of The de,ea.ed, and armed himself with deadly |
weapon, and (having reason 10 believe the de
ceased would call upon him for explanations Of |
The charge made against him by the prisoner on
heevrning revious,) premedi sted and intended |
10 reitsrAte said charge, and also designed and |
Intended 70 Use the said deadly weapon pom the
person OF Tie deceased, In case the deceased
should be provoked to assault the prisoner and IL
they further believe from the evidence that the
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