Evening star. [volume] (Washington, D.C.) 1854-1972, 1858-04-23

JsHe, 1s56.-When our report closed Yesterday
Mr. Bradley, the leading counsel for the defence.
had just closed his opening argument, and had
called Daniel McCarty, who was duly sworn.
and testified as follows:
Tnat himself. Essex ard John TretIer were
Wdklng down pennsylvania avenue towards the
Capitol, and just as they got to the corner of
NINTH street and the avenue they saw QuigIey,
,ne deceased, coming up; they were then the
Wldtn OF Ninth street apart; 0uigley came along
and met witness and his compa Mons on the
haggin2; just as they he'd stepped from the side
walk TO the crossing, witness and his compan-
ions made as If to incline towards the right to
allow Quigley to pass, but Quigley did not turn
out nor make any motion to do so; as he was ad-
vancing he acted az though ne wished to create
asDrec; Essex who was on the left of the party,
and consequently nearest to Quigley. stopped, or
turned round facing Quigley as he passed: as
Quigley passed he raised his hand, In a manner
to impress witness with a belief that he was
going to strike; Essex Instantly struck Qnioley
with his left hand before he had time to let his
hand fall, and the blow knocked him down. wit
ness turned and saw Essex step up to the fallen
man as il to kick him If he should raise up; wit
ness called To Essex to come away, and Essex
observing that Quigley did not move ref. aimed
from kicking him, although he had raised his
foot TO do so, but let his foot come down on the
pavement between the head and shoulder of the
decreased, but without touc hing him; witness
was quite near the parties all this time. and no
one was between witness and them during the
whole of the affTay; witness has known the pris-
oner all his life, and never knew him to get into
an al ay before with anv one.
Cross-eramiRsd.-tluiele lev was drunk and made
no movement to get out of the way, and did not
get of from the fagway till Tretler who
farthest from him, stepped forward, and then
Quigley rcceded little; at that moment he threw
mp his hands and cried 80 HurIah for Macruder;'
when he first met them he lifted up his right
hand II was closed as witness thought don't
know If Quigley's purpose was TO strike Essex
or not; thinks Essex is Ii2ht-handsd, but he
struck (luigley with his left hand did not 60
near enough to Quigley to see whether he was
shocked senseless or not; saw nothing either in
or on Essex's hand when he struck; don't think
ne was meditating an attack on Qugey
any one previous TO the moment when he struck;
the blow bit Quigley on the check or chin
Marx lfaHkiH, sworn.-Witness lives in Alex
andria; had come to w ashington on the day In
question In pursuit of man to do some plasternc
lna house witness was building in A!exandria; was
crossing the street at the point in question from
the auction store on the south side of the avenue
near Ninth street, and going iowa DIS the apothe-
0arv store. patterson & Narn's. when witness
had crossed about halfway he heard some one
crv, - Hurrah for MagTuder ~ kept on waIkinu
and after going three or four steps farther heard
second cry for Magruder and looking ND saw
a man, who was drunk on the pavement, and
heard him cry out % o, you damn''- something;
witness could not say what the expression was;
with that witness saw man meeting him, who
was with two companions, and the man nearest
the drunken man struck him one blow with his
left hand, as witness thought the blow was ap-
parently inflicted on the left cheek and witness
thought II was not given with much force: the
man fell and his head struck the curb,tone; wit
neSs went up to him and looked at his face, and
instantly exclaimed - The man is dead enouub
certain " witness then walked on about his own
business; did not see the man who struck 90 up
and kick the deceased, make any movement
20 do
roSs->IGmirsd.-Quigley had got from the
tagging to the sidewalk when he was stru K:
witness did not discover the man who struck the
deceased till the moment he saw the blow given;
didn't see the deceased raise his hand al all nor
did witness see any motion on the part of Essex
10 kick the deceased
g: NayiOr, sworn Was near Clagett's
store, at the corner of Ninth st. and Pa avenue;
was on the curbstone at that point saw a drunken
man going up in the direction Of the Presidents
House; saw him on the tagging, he was cross
ing Ninth street; the attention of witness was
called TO him because he was making consider
able noise; just he got Patterson g corner
lie cried out - Hurrah for Ma9ruder;'' when he
made this cry be raised his hand; he didn't ap-
pear 10 be intending harm to any one; saw a man
20 up to him, and then he fell; witness did not
see any blow given, because of tree which was
IN the way; thought the man fell from the effects
of liquor, as he appeared to be very drunk; saw
no one 70 mp to kick him. as he fell per-
sons began to run up to where he was; witness
went up-and helped to put him in the shade; saw
no marks of his having been stamped on but saw
symptoms Of blow on his neck; witness then
sent for bundle Of shavin2s from his carpenter
shop TO put under his head
CroSS-sJGnJtrsd Witness could not from his
position. see any one strike the man Thought
at the moment, that be fell from drunkenness; he
have seen il done
W. Harry Winter. sworn w itncss has known
the prisoner some seven We ars; has had many op-
pOTunitlrs OF knowing him well; he learned his
trade under witness and was ALWAYS faithful
sober, industrious bow witness never heard or
knew OF bis having been engaged i'll an all ay
beIoIe the one IN question.
III. Shrers, Randolph, and John n God
ddTf, were all called TO the stand the auto
e-drhts OF the prisoner, and all gave him an ex-
Cellent character
The evidence for the defence closed here and
Mr.. Key recalled Mr. Finks and, in reply to the
question as to whether he heard Quiglry at the
- Wa hrTL
make any other remark than a cry for Magruder1
"hurrah for MagTudeT'
The District Attorney here presented the fol-
lowing Instructions which he prayed the court to
grant 10 the jury. covering the in que ,tior
III the jury believe, from the evidence, thai
the prisoner at the bar assaulted the deceased
without any, or without considerable provoca-
ton, and intended or desg ned To do the dec, a,pd
by said assault some great bodily harm, and the
deceased was killed by injuries received from
said assault, then the prisoner is guilty of muir
der, though the said prisoner did not intend TO
kill the said decreased.
- IL the Jury believe, from the evidence that
the prisoner at the bar assaulted and struck the
decreased. and the deceased was thrown, knoc kid
or cast, by the force Of said assault, upon the
pavement, and that the injury, which resulted
In the death OF the deceased, caused by his
head sinking the pavement; then, though the
prisoner dld not intend any great bodily harm
he Is guilty Of manslaug Inter. -
These instructions were argued at length by
MeSsrs Bradley and Onld for the defence and
on 'he part OF the prosecution by the District
Attorney The court held the Instructions over
Tor confederation, the hour being late; and the
court adjourned.
To-day, the instructions which had been prayed
to be granted 10 the jury by the District Attorney,
and which had been argued and submitted to the
Court just prior to adjournment yesterday, were
the nrst thing in order. Upon the first Of these
the Court commented at some length, and ex-
planned the proper construction to be placed upon
d In its application TO the case In QUESTION. Pre-
vious 10 TemaTking upon IL, however, the Judge
stated that il embodied the law and was granted
The second instruction granted without any
qualification whatever
Mr.. Bradley then offered the following prayer
Tor instructions TO the jury on the part Of the de-
fence -
III, from the whole evidence aforesaid, the
jury shall mad that the prisoner al the bar was
quietly walking across Ninth street, and met the
deceased, that the decreased used language In