The Washington union. [volume] (City of Washington [D.C.]) 1857-1859, 1858-04-23

thhiaAL NVV1f-~lhe tnni 81 john Ence1t cn"isc"
with the murder of Owen Quigey the day after the
June election. Ia 1855, resumed The remaining
witnesses for the prosecution were examined
Charles III Payne testified that As saw the affair while
sitting in his doorway the southeast Of Penn
syvana and Ninth :; he noticed three
coming down the pavement and also one going up the
pavement-the latter baing Qugley these parties met
on the crossing, and appeared that Qugiey said some
thing when one OF the three who facing him. caught
him he then threw up arm, when the man struck
him and he fell N falling he threw up both OF his
witness Is not certain that the man stamped him
pistol which taken out OF deoeaseds pocket ii
loaded TO the m,ize; he fell the pavement and the
man who struck him then stepped up on the pavement
witness does not recoect seeing but MIR. Wood
who was nearer deceased than himself
Cross examined Don't recollect that his clothes pre-
scented any extraordinary appearance though he had
been stamped upon
Direct examination Witness too far off to the
person kick Quigey, but him raise his foot
Mr. Jos Lowton testified that the Tuesday after DR.
Magruders election he passing down the avenue
when ne saw three also passing down. lone of whom
had white coat on and one man coming up the
nue. the man coming up shouted "Hurrah for Magru-
der, when the man with white coat the prisoner
at the barr struck him the blow struck him on the
neck, and knocked him down they side by side
when witness saw Quigey fall, and then the person In
the white coat stamped him the neck did not
the fist come in contact with deceased because his
back towards witness The whole transaction only
occupied minute, and witness left very aerward
The District attorney here rested his case and the
nior counsel or the prisoner Joseph H. Bradley, esq,
opened the defence 80
Mr. Bradley defined what in his judgment, constituted
the crime of murder, that of mansaughter and also
homicide without any design to commit bodily harm In
relation to the evidence which hal been aduced the
part of the prosecution Mr. Bradley, without any
ment It, contende that there not single ele
ment In 1t to constitute OF murder The gst of
the opening state that the defence expected to
show that the occasion In question: when the parties
had met the deceased raised his arm as if to strike Es
sex and that, before he had time to strike, Essex,
pecting the blow, struck him blow which knocked
him down Them thinking that the deceased might rise
to renew the attack, he advanced to kick him but
raising his foot to do 3d. and finding that he did RISE
he stepped aside and, n fact did not stamp upon him
at a If these facts proved to the jury, IN
elusive manner he should expect them to bring in YER
dict of justifable or excusable homicide
Daniel McCarty, who the first witness called for
the defence testified that he was with John Essex and Mr.
Tretler going towards the Capitol down the avenue
when he Owen Qugley the opposite corner com
ing towards them; witness and companions stepped
from the Tagging they abreast of deceased the lat
ter came up and appeared to want to raise FUSS Essex
to Qugley who raised his hand up when Essex
struck him and knocked him down; Essex struck him
with his left hand and did not kick deceased but raised
his foot IN attitude to do il he Witness
certain that Essex did not strike but blow He stated
when crosexamined that Essex had been drinking and
witness Of the opinion that he drunk certain
that Qugley raised his hand to strike or that it was
ceased threw up his hands and said Hurrah for Magr-
der Essex did not touch deccaseds body when raising
his foot and stepping between deceaseds shoulder
and his neck witness is not prepared to say whether de-
ceased In nsensble state dying condition or
not; witness took look Mt the body and then went
away; did not deceased strike Essex and he had
nothing in his hand when he struck the deceased
witness cannot say positively that the blow given in
deceased face.
Moses Mankin, Of Alexandria testified that he came
to Washington to get plaster for building purposes
lie was coming up 9th street, and when about half way
across the avenue he heard cry out, tHurah
for Magrudcr ]! witness kept walking on, and by the
time he had gone three four steps he again heard that
cry near the drug store witness thinks the in
toxicated heard the deceased say, 'dn something"
and yoNng coming down the street. and when
deceased said this, the young struck him. and he
fell on the edge of the pavement witness then went up
and looked at the man, and remarked, He's dead,
tain !; Is confident that the man Essex made
ton whatever to stamp the deceased he did witness
did not them When cross examined Witness be-
eves deceased was knocked down the pavement but
is not certain about it witness don't know where the
man from that struck him. but positive that the
deceased said, td--n something" Did not see him
deceased raise his hand but witness 10 not positive
James c. Naylor testified very much the preceding
witness He thought that the deceased fell from the eff
feet of liquor.
William H. Winter testified that he has known the
prisoner for years. having been his fellow
ice. He considered him quiet and peaceablc young
man.
SnIcHc NetlIcu tlat he nau Known the pTS-
since he a child and considered him remark
ably quiet young
Col Randolph and Justice John H. Goddard each tes-
titled that the prisoner was, to their knowledge moral
peaceable young man. tN
The counsel for the defence here stated that they had
witnesses to call The District attorney then
after recalling Mr. Fincks to ask question: offered the
Instructions which lie desires to submit to the Jury
IA NAME for the water to be introduced into
city from the Great Falls has been furnished by
tributor, who proposes to call 1t the .Co5ia Let
us hear from other gentlemen
THE SENATE REpoRTERs of the Globe have taken Of
fence at language used in debate concerning them and
yesterday the official register of debates had record of
what transpred in the Senate after the .norning hour
Miss AvosIA JOINS will appear before Washington
audience on Monday evening, when feel confident
that she will be greeted by full and fashionable
dience The book will be opened to-day and those
wishing to good seats will do we'll to lose no time
in obtaining them. ~
THR DEMOCRATIC NoMssAuoS.---Wc find in our demo-
cratic exchange papers hearty endorsements of the nom
inaton Of Col Bcrret. The Baltimore Republican says
''Col James G.. Berret has been nominated FOR the
mayoralty by the democratic and anti know-nothng
convention. The preference will find endorsements be-
yond the limits Of party and his election will be Insured
II the result Is to he determined by solid and substantial
considerations
A PATENT has been granted to Archibald Mcneil OF