Staunton spectator. [volume] (Staunton, Va.) 1849-1896, 1858-06-22
LOCAL MATTERS.
Trial off Rev. Daniel DowneY.

Trial of Rev. Daniel Downey.
The argument in this deeply interesting case
was brought to close on Tuesday afternoon
last, the Counsel having occupied about twenty
eight hours of actual speaking. The case was in
the hands Of the jury until Thursday morning.
when they were discharged, having failed to g.
gree upon averdict. Itissaid that nine ofthelu
ry were for convicting the prisoner OF murderih
the second degree, punishable by confinement IL
the penitentary, and three in favor OF acqu'
The testimony in the case is so YoiuininouS
that it seems inpracicable to lay 1t before our
readers in the columns ofthe paper, but we snail,
ct an early period, publish it in pamphlet
form, when all who are anxious to see IL may
procure copy.
The evidence of the Commonwealth witness
es was substantially the same, as to the material
facts. as that given before the Coroner. On the
night of the 18th of December last, persons
passing by discovered the dead body of Mullins
on the pavement near Downey's house. Officers
entered the house and found Downey lying on
the floor OF the front room in state of intoxica-
ton. The evidence showed that Mullins hau ST.
duced Downey's house keeper, Margaret Lee
and promised TO marry her, but put It OH lroni
day to day. He was expected up that evening
for the purpose, and not coming, after supper
MeAlear, who had been staying with Downey
for day or two, went for him. Aouehan &c
companied them ut Mullins request. when Tie
party entered the house, Mullins went directly
to Downey's chamber, adjoining the front room
or parlor. and ID. followed. Honehan heard few
words pass in the back room, McA. heard moth
ing, and neither of them, owing TO their position,
could see into the room, although the door was
open. In minute or two there was the report
OF pistol. The witnesses went in, found Null
lens dying or dead, and conveyed him out OF
the house. Neither of them saw Downey in the
ROOM Honehan came down street for assist
ance, and McAlear renamed by Mullins.
The testimony of Margaret Lee, who was in-
troduced by the defence, was an interesting and
even remarkable narrative. She began on the
Tuesday preceding the 18th, and related the e.
events and transactions OF every day up to the
time of the killing. She tod of Mullins prom
ises to marry her, aud of his being expected up
all day Saturday. When he came with McA.
and H., and passed through the parlor to the
chamber, she was sitting on q sofa opposite the
chamber door. Downey followed with candle
and asked him if he had the license and if he
was going to marry the girl, to both which ques-
tiOns he answered in the negative. Mullins
81 bs oil hoo tf, Nor orat
Bohen.n Downey came TO the bookcase in the
parlor and got q book and "stole." He present
ed the book to Mullins saying, "Dont Perjure
yourself" and Mullens struck the book, or
DowReys hand-the book fell on the floor
Just then Dowuey said in "a sharp, quick way, Z"
two or three tunes, Lay that pistol DOWN.
Witness appealed to McA. and Il. to go in, but
they refused. d. ard NJ. rushed together, and
NJ. held silver mounted pistol, by the barrel,
in his right hand, which was elevated as high
as possible. Witness had often seen the pistol
on the mantle-piece, near which ID. and NJ. We're
standing when the collision occurred. When the
parties had scutfled across the room towards the
back window, witness went to get up" but fell
on the hoor, and immediately heard the report
OF pistol. She fed iron the house while McA
and II. were taking Mullins out.
The above is very meagre outline of the tes-
timony of the witnesses who were in the house
at the time OF the tragedy. Many other wit
nesses were examined, some OF them with Il
view to dlsoredit Margaret Lees testimony
We presume the jury rejected her account OF the
affair as untrue, US otherwise there could have
been no difficulty about verdict The prison
er was pastor Of the Roman Catholic Church in
this place, and has lived here for many years.
His age is about fifty i've.