Evening star. [volume] (Washington, D.C.) 1854-1972, 1858-02-19

CRIMINAL cousr.-T$iai Of Be.jamin Ogie,
Jer the murder Of John Wsbs.-when our re-
port closed Yesterday. the evidence in the case
had closed, and Mr.. sRatcliHe for the defence had
prayed the court 20 grant the following series Of
Instructions to the jury, viz: - 7s- ass
"f. II the jury believe from the evidence that
the prisoner at the time he discharged the gun
mentioned In the indictment was laborin9 under
a constitutional or other mental disease, which
for the time controlled his will, then he In not
responsible for the consequences ofsaid shooting
or act, and they ought to acQuit him.
"2 IL the jury believe from the evidence that
the prisoner unlawfuily discharged a gun at
Georgetown, In this county, and by reason there
Of the death Of John Webb was occasioned, but
entertain reasonable doubt to whether he ftbe
Prisoner) was Influenced by malice towards said
deceased, or intended to kill him or any other
person, then they should fnd a verdict Of man
slaughter only .-.....- -.-. ..--'.
20. IL the jury believe, from the evidence that
the prisoner has INDUCED, for length Of time,
In the excessive use of Intoxicating drinks prior
to the shooting charged in the Indictment and
that at said time Of shooting he was under the
influence OF liquor, whilst intoxication Is no ex-
cuse for crime, vet ii may be considered by them
in connection with all the other circumsta noes i'm
the case to show the non-existence of malice or
an intention to take life - ....F .. ..rE =
These Instructions were argued at considerable
length by the counsel on both sides of the case
and were answered fully by the Court, who after
proper explanations granted them In Substance
Mr. Maury read the following instruction on
the part Of the prosecution, viz: .. .. ....E
"If, from the evidence afo esaid the jury be-
Eeve that the prisoner, Benjamin Ogle, then and
there shot of and discharged the deadly weapon,
to-wit, the gun aforesaid, in First street afore
said, with general malice or inclination to mis-
chief, fall where ii might, or with the intent to
kill or do some grievcus bodily harm to the de-
ceased, John Webb, or other persons, and in fact
the said John Webb, then the prisoner is guilty
of der''
Mr.. Maury, for the prosecution, then entered
by Messrs Radcliffe and Norris for the defence
Mr.. Norris had not concluded when the Court
adjourned The line Of defence taken was the
insanity OF the prisoner which insanity II was
claimed Is hereditary in the family.
This morning the court was crowded with
spectators, not a few Of whom were citizens of
Georeetown, naturally interested in knowing the
fate OF Ogle
Mr. Norris concluded his argument for defence
and was followed by Mr.. Maury for the Govern
ment in his closing plea. He was speaking when
we left the court room.
| WASHINGTON THEArRE-Miss Heron appeared
last night in a part worthy Of her. As Camille
she was great, despite her part, triumphing over
II as 1t were In the grand, classic character of
Medea, she had the opportunity to display the
full scope OF her genius, and magnif emily lid
she exercise her privilege The audience gave
evidence, now by breath-sus pended silence, now
by tears, and now by ng-continued bursts of
applause, to her truthfulness to nature as the
mother, and the injured woman.
Tonight, Miss Heron appears in another grand
ideal cOnception-the character of Phaedra in
her English adaptation Of the French play of that
name. 10 is thus cast: Pnardra, Matilda Heron;
Enone, Mrs. Grattan; Aricia, Mrs Sloan; Ismena.
Mrs. CarInan: Theseus, Mr.. Howe; Hippolytus,
Mr.. Bangs; Theramenes, Mr.. Russell; Panopa,
MIR. Newton. We must not omit to mention that
the after piece, the sparkling petite drama of
hol IL TO 10 81
| guage and most effective i'm plot Of any modern
| piece of its character.
THEFr.-We understand that member of the
reportorial corps in attendance at the House OF
Representatives had several articles of value
taken from the pocket of his overcoat yesterday,
while il was hanging in the ante-room of the re-
portsrs' gallery. Who was the thief, is not sus-
pected, but more strict watch over that apart
ment is thus shown to be necessary
BY the way, we cannot suppress the remark that
man who would steal from editor, reporter,
or printer Is too contemptibly mean ever to be
honored with a trial before criminal court.
FIRE.-Yestersay afternoon. double frame
| building at Kendall Green was destroyed by q Ire
Ii was one of the village dwellings, and not the
Asylum buildings was feared upon the hrst
alarm. The fire companies were called out in
the city; but the distance, and want of proper
supply of water prevented from being OF service
PARDoNED.-John Webster, who was SEN
fenced to one years Imprisonment Ia the Jail for
being concerned ia the Seventh Ward election
riots last June, was Yesterday pardoned by the
President. He has been in jail since the last
June term Of the Criminal Court.
WHO HAS LOST HORSE "A crippled horse
has been lying, unable to rise for three days and
| nights, at the corner Of Tenth and C streets
Island, and would have persisted but for the hu-
| mdnity OF the neig hbors who have fed it.
| DEATH OF WAsHINGToNIAS AT Hone KoNs,
CHTNA.-Letters received in this city from the
| L. =. ste amer San Jacinto, announce the death
| on the 18th Of December, of James A. Gates of
this city, gunner to the L. 5. ship Portsmouth.
THE MELoDEos Opera Troupe offer an entire
| change Of programme this evening, concluding
with the laughable extravaga ANA of the sNigger
in later bag
MORE SSow-more snow balling-more Sill
ding and sleighing Hurrah Where s our hat i,
The SALE Of rich fancy goods at Hooe Broth
ers Co, closes, Ii will be SEEN on tomorrow
We call attention to the advertisement he AIDED
Wood for the Poor
REMOVE THE SNOW from your side walks, and
prevent accidents. DID,
WATCH RErURNs.-The only occupants Of the
cells last night were lodgers-non- residents.
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WEDDING CAKES very pretty and very cheap; Ice
ANS and afer Ioa q IN colIr