Evening star. [volume] (Washington, D.C.) 1854-1972, 1858-05-22

nff Inc
United states rs. James Powers The point. Of
the argument were as follows.
On the exception to the admission In .,,,d.,..
OF the ulal Of the dying declaration Of The d.
G Gas Edward A Lutz, Mr.. Norris commended
that the dying declarations sbouId NOT have hse
admitted by the Court-1st because n did No,
appear that the deceased was under sense of
Impending death he having expressed a hone TO
i've, ana fear TO die. Mr.. commended that
this language showed an unsettled conviction of
approaching death. ID. That the deceased wa
ucvold OF a sense Of religious obligation as dis
Closed oy his own language. 3D. By reason of
sailant
The authorities cited to sustain the argument
70 the first exception Were | Arch I4O, Green
IeaIs Ev Sec: l. s, Car. & PAYNE IS7, Car &
Payne 5il, East's Crown Law 35S and > Lead
Ing Criminal Cases $3.50.
The second exception was taken on the refusal
the Court at the trial to give three Of the in
ntTuctions prayed by the counsel for the defence
Ihe second only having been granted Mr. N
cohtended the frst inst TuctiOn should have hPen
granted to exclude from the inry threats ,n,ds
before that time, because the decreased and las
Powers had been reconciled, according TO the
StnIes e a 1aa on the part Of the United
Shooung Mr.. y. cited from l East's Crown
LAW ~ in sustainment of this position
, me InlId and fourth instruction, Mr. Norris
commended, ought to have been granted because
based on the evidence 81 the United States which
showed that two other pistols had been disc hare
ed In the baT-T room Of McColyap at the time IF
the shooting, and that shots had, in the oririon
81 The witnesses, been discharged ON IL e back
door OF outside, while the evidence showed that
me accused was in the middle of the floor; and
second, because the deceased yer complained
OF being shot in the room. and no person knew
ne had been shot; aud he was found outside in
the alley, by a policeman, wounded, and with
out ms hal; aud il was proved that other persons
OF the party inside, having pistols, had passed
through the alley at that time
~, The exceptions were argued at some length by
nI. MOTIFS Tor the defence aud bv the District
Attorney on the part Of the United states
INC arguments Were concluded by II \ O'Clock
ara the Court sustained the rulings of the Judge
ni the criminal Court in the case and oveIrulcd
Inc exceptions taken in the case.
THE BENEFIT OF MR.. EIIISGF.-Speaker Orr,
Mayor Magruder, Hon. Geo. w. Jones, J Knox
walker, Esq, Colonel L. :. Roberts, and very
many other gentlemen have profcrcd the deserv-
eddy popular manager of the Washington The
atIe, Mr. ID. Eytlnge. complimentary testi-
monial on the evening Of Monday next On that
occasion Miss Avonia Jones appears as "Adrienne
the Actress" supported by Mr.. j. NJ Dawson
we trust the friends of the drama will come ont
in their strength an Monday, and give a centle
man TO whose perseverance and energy the citi-
rs oil w Washington are ind, bted for so much
enjoyment, benefit worthy of the unti,inC
manner in which he has devoted himself to the
service Of the theatre going portion of tie popu-
ldtlon Of the metropolis.
full, nay, a crowded house ON tho occasion
Will be but cheer justice To the gentleman to
whom the testimonial is offered: therefore, let no
hOOh or corner OF The Theatre, from which "A
view oil the stage may he obtained, he left with
our an occupant on Monday night Under MANY
81 fhculties all Of which have been oysrcome IN,
MS determination and industry, manager Eytinge
has contrived, nightly, for Snany months, to fn?
nish the W asbingtoD public with d series of en-
PERTAINING and iDterestin. exhibitions which be-
2niled the time so pleasantly as to establish a
claim upon our gratitude. That hummer benc-
nj Will answer this claim we, who know the cit
liens Of Washington and the floating population
VINO make II their temporary residence, cannot
init aIxysg To- s,r,N II
Miss Ayonia Jones, in the character of Adrienpe
the Actress, the great role of Rachel makes the
entertainment the more interesting For what
more fitting than that when the gentlemen of
Washington profeT a Testimonial to the manager
OF the Washington Theatre, Washing,on's
young fdvoIite should appear in her best charac-
Ter. All things concur for the entertainment of
the public, and the fullest Of houses for manager
EyuBge.
The ODD FELLOWS CELEBRATION On Tues
day next, the Independent Order Of Odd Fellows
in this vicinity hold celebration which in point
OF Interest will fall behind few celebrations ever
held In this city. At clock the lodges fall into
line at the City Hall, under command of p e.
John Tbaw, Grand Marshal. with aids and as
stStant marshals. The line will he made up Of
The lodges and encampments of the District of
Columbia and Alexandria, to which will he
added delegation of several hundred from the
city OF Baltimore. The procession will move at
go'Clock, and take the following line Of march
IPFlnh street 10 Massachusetts avenue; by Mas
sachusettS avenue to New York avenue; by New
York avenue to n street: by III street TO PennsyI-
wanna avenue; by Pennsylvania avenue To- Bridr,
street, Georgstown; by Bridge street to High Il
by High street TO West st by West It to VAST
ingt"n ST by Washington street to Bridge 81 nv
Bridge st to Pennsylvania avenue; by Pcnnsvl-
Vdnia avenue 20 the foot OF the Capitol TO the in
tersecti0n Of Maryland avenue; by MARYLAND ave
nue. to Tenth st, and by Tenth st TO the smith
sonian Institution, where the following csremo-
MES will take place:
Prayer, by the Grand Chaplain Music. Ora
ton, by d g. Nj. VIM. IL. Young, Of Maryland
Music and Benediction.
Afer the ceremonies at the Institution are over
the procession " i'll be reformed and proceed by
seventh street 10 Louisiana avenue, thence to the
Assembly Rooms, where i COLLATION. will D.. i'm
readiness under the direction OF the appropriate
committee.
STONE FIGHT.-On Wednesday night inst
before dark, the neighborhood Of f. street, be-
tween Sixth and Seventh streets was the scene
Of regular pitched stone battle between two
parties OF boys, numbering a. least one hnud ed
in all who ratified away at each Other for some
uIne, regardless Of the street passengers many
0f whom w're compelled TO seek refuge nv
night. Such scenes are disg raceful, and a prns<
violation of the laws OF the Corporation and
should he at once abatrd. The FREQ apDraT-
anCe OF the police ia that nei z hbOrhOod as well
a. othsr rend- zyous Of the half grown beIIigeT-
eats OF our city, would 20 izr to put a stop 10
such scenes of Juvenile ldwlesSneSs IL is at The
request of psT-ons who witnessed the above
transaction, and were shocked at irs occurrence
IN neighbOrh"o usually quiet, that this IS
Te
cuTTence, by calling the attention Of the Officers
10 IT,
SIURDY B.GGARs-The unusual number of VA
grants, sturdy brg2aTs and Inafers that have re-
Gently arrived in this city, TO the and annoy
ance OF respectable citizens and strangers calls
for the strlCt eHfaTCemyat Of = law of the Como
ration, made for the defence Of the city against
such characters. IL seems If all the sturdy
beggafs and ragrants Of Eei% Lb"ring cities have
b-en turned into Washington. II those persons
are allowed tO remain aud rove through The CITY
during the summer season a. pleasure, when the
fall and winter comes the appropriation for the
outdoor poor Will have TO be inc reased consider
ably, and the calls upon citizens for donations
Viii be much more fG'qEcHt than in former Years
Tn" hrst and second sections OF the act approved
Junt 3, lnJ3 are 10 be found p-.e I53 II Shea
hans Digest, and IL IL is law its enforcement
would be bens1cia! at this time
HANDSOME lMFRevEMyST to the nsighbor-
hood il thc two new four-stoTy and basement
hit hNrsl h..ip