Evening star. [volume] (Washington, D.C.) 1854-1972, 1858-04-13


arrival, at the lnnrmary; he said that he thought
Tor 10 administer medicine to remove his pains
wnlcn were very severe this was done and
afterwards the M, yistrate = mo ,nd tooL r., L.
o5ition. ~f
CroSS-sramiHed He complained of pain from
MS chest all the wav down to the wound in hi.
abdomen; DR.. HELEN advised him to call for a
clergyman II he wished to see one before he
died, but he refused; was In the room with hin
Tor two or three hours; several students were
present at various times while witness wa. IN his
room; witness was at the Infirmary sick at the
time.
DR.. J. May, sworn.-Saw Iutt, M the mfr
mary the morning after he was shot; il was rather
early in the morning; when witness saw him he
had wound in the right side of the abdomen
and at once thought the wound was a fatal one:
ne dled that evening of that wound
CToSS-erdmined not probe the wound:
Il wax Enthusiastically a gun-shot wound
MIR. hey here offered in evidence the dv,,g
declaration of the decea.ed, to which the conn,
sci for tue defence objected, and the point wa.
argued by HIN al some length Sd,
MI Norris commended that il the deceased ever
expressed hope that he should recover mr. cave
any directions TO his friends that indicated ths
falntest expectation on his part that his wounds
Were not fatal, then the evidence in ouestion
Cou,o not o. lawfully received as his dying dec
ia!atlon Mr.. N. q..Jted from several eminent
leEai authorities In sustainment Of his position
MI. hey replied, recounting the various cir
cuiustahces which TRANSFERRED after Lutts was
'hot, SOIhS 10 snow that the deceased eXDpcted
to die and had not the slightest exrectation of
living, as demonstrated by his own remarks to
The ofhcrr who conveyed him to the Infirmary: :
10 DIS friends while there and before the arrival
oil The magistrate and, also, his remarks to the
magistrate himself Also the fact that the at
tending physicians told him absolutely on ex-
animation OF his wound. that he could not live
Inc Arguments being closed, the point was
submitted 10 the Court.
w hereupon the Court, after going over all the
Arguments which had been adduced, and the
evidence going to the point in question, decided
that the evidence, under all the circumstances
was admissible
MI norris took an exception to the ruling, and
further moved that such part Of the evidence in
vIous quarrel between the parties be stricken out
OF the declaration
This point was admitted by the Court
MIR. Key then called
1HODinS 4. Dom testified that he went to The
lntrmaIy between and 3 O clock i'm the morn
Ing after Lutts was shot; found Lutts in bed:
Mr.. Carr and DR.. Helen were there and soon
Afterwards d smith came in; witness informed
Buts that he bad come to take his dying dscla-
ration; administered the oath to him and N.
stated that about II o'clock that mic hit he wa =
going to his brother in laws and passing nv
MCCOlg pan he head loud taIkinv and went In.
when he got in be was talking with some one
and saw James Powers with a pistol push two
men one side and fire at him. (the dscllrant) one
Of the men pushed aside was McAleese, and the
other GorInley; the first shot q id take effect;
Powers then fred A second shot, which struc
him. aud lid not know the direction of third shot:
he also said that he thought that some one in the
room handed the pistol to Powers, but who il
was he did not know; also that on the Saturday
night previous, he had bad difficulty with
Powers AT restaurant arising out of an old difi i.
Guilty; Powers refused TO drink with him. and
dared him out TO II ght, and said if he had a pis-
tol be would shoot him; after this they made
friends, aud the deClarart believed tina, they
were good friends up TO the time when he received
tn" shot.
Our report necessarily closed here.
CITY COUNCILs.-Boo,d Of 4lderulsn-The
Board met at the usual hour; the President, w
+. Bayly, in the chair
Accommodation was ;eceived from the Mayor
In relation TO the Washing ton aQueduct and suq-
gesting the appointment of commissioners TO es-
tablish system of sewerage for the CITY; re-
lerIed 10 improvements committee and ordered
to be printed.
Also, one nominating James s. Smith. as DO
lice constable in the sixth district in place of
Nicholas Sanderson, resigned; confirmed
Mr.. Donoho presented the petition of the trus-
rs OF the public schools of the second district,
asking an appropriation for certain purposes
referred To public schools committee
MI RigGs, from the finance committee, re-
ported back communication from the Mayor
IN relation to the case of tax title of b MiIburn
The report Of the committee was adverse and
they requested to be discharged from the further
consideration of the case; ordered 10 be dis
charged.
Mr., Miller, from the improvements committee
reported bill to grade the west side OF Twelfth
street west, between b and streets south, and
take up and relay the curbstone. and take up and
repair the doorway and CUTTERS passed
Al,o, bill authorizing the taking M and re-
IaIinS of the pavement and gutter on the north
side OF l. street south, between Fourth and Fifth
streets east PASSED.
Also, bill to trim and gravel Eighth street
west, between the south side of ID street north
ana the public space north Of Pennsylvania
avenue; passed
Also, bill authorizing the curbstone to be- se,
and the footway and cutters paved on the south
side OF squares AGO and 1876, on street south
from Seventh to Four anda half streets west;
passed.
footway on the north side OF A street north, from
Second To Fourth streets east; passed
Also, bill TO set the curbsion9 and pave the
footway on the west side of Fourth street east;
passed.
Also, a bill from the lower Board with amend
nent, making all aPprop iatinn To 2 ads II street
north, from Twenty fourth to Twenty-sixth SITS
west; laid on the table
Mr. Dove. from the claims committee reported
on the petition of Antonio Pons askinp TO be
discharged; So ordered.
MI Barry, frcm same committee, reported a
Dill for the relief of James keenan, for the retnis
sion If tne; passed.
A Joint resolution from the lower Board TO tai e
up "hd relay the pavements on both sides of Ma
rSldrd avenue, between Twelfth and FouItce nj n
streets, was taken up and passed.
Also, biil to grade and gravel New York
avenue, between Thirteenth and Fourteenth SITS
west, aud for taking up and relayiny the CUTTERS
dnd ioot~ays at that point, and for permanently
DxlnS the grade of that portion of said avenue;
passed
Also, ahill to make gravel footwalk on Sec
ohu street east near street north; referred to
improvements committee
Also, bill making an appropriation for clean J.
Ing streets, alleys &c, in several wards referred
To Improvement, committee
Various other bills Gfom the lower Board were
read, and appropriately referred
Mr. iedrson introduced a resolution asking in
formation from the City Register; passed
The Board then adjourned
Common CcHneH.-Mr. Turton presented the
petition of Gen. J g. Totten referred to i'm
pTovements committee
MI Iurton iIom the improvements committee
reported bill TO continue the improvement of IA
street north, from North Capitol to Bounda v
street; passed.
Nj. Jefferson. from the joint committee for the
Asylum, reported bill for the relief of Jno n
queen, with an amendment; the bill was post
pOned one week
MT Fisher, from the fire department commit.
tee, reported bill to exemp pit the house and
grounds of the Western Hose Company from Ia,
alton; passed.