Evening star. [volume] (Washington, D.C.) 1854-1972, 1858-04-22


ed satisfactorily on the same dav.
CRIMINAL CoURT.-TridI Of John Esser for
the murder Of O,rsn QUigiey, on the Sd day of
June, 1856 When our report closed Yesterday
the evidence of DIR. N. Young had Just been con-
cluded in relation to the post ruo,fsyu eyamina-
ton held by himself and Dr Eliot on the body of
the deceased, Quigley.
The next witness called To the stand was
n. ID. MefcGlf, sworn-KHows the prisoner at
the bar; has known him some time; vas in Nairn
Paimer's store and heard some cry, Hur-
ran for Ma2ruder;' walked TO the window to
what II was. and saw Essex striking at Quigiev;
he struck him, the flag footway, a few feet
from the corner; the deceased fell from the blow,
and Essex stamped on him, on the breast or neck,
and then walked of; at the time Essex struck
him the deceased was backing of towards the
point where witness standing; his head
struck the pavement; don't know whether de-
ceased WAS drunk or sober; Essex stamped two
or three times on deceased Quigley did not seem
to be striking at Essex; it was the middle of
the day.
CTOss-srGninsd w hen witness first saw the
parties they were a few feet beyond the line of
the curbstone; Essex did not say nything; didn't
see whether the deceased Tending off or
striking at Essex he appeared to be throwing up
his hands; don't think any person near
the parties at this time himself (witness:) two
persons were with Essex, at first, and after the
striking took place, one of them came and caught
Essex by the arm, and took him of with him; all
this time witness was at the window; witness
knows one of the men who with Essex; his
name is John Tretler; thinks the other one is
named McCarty; Ruigley appeared TO be walking
up the street at the time Of the attack; witness
saw pistol, which was said TO have been taken
from Qugley, don't know where the body was
taken from there, but thinks il was carried home,
some one in the crowd SAID the pistol wds found
IN Qulgleys pocket; witness was afterwards
summoned to the house OF deceased's father to
testify. Es-Cx only struck one blow that witness
saw, and that was apparently under the chin;
thinks Essex struck with his right band; he did
not appear 10 stamp on QuiGley's body very hard.
not with his whole force
J. w Finks, sworn.-On the day after the
Mayors election witness started out Of Browns
hotel, where he was then staying, TO 90 to the
kirkwOod House; drunken man Just then passed
along crying HurLah for Magruder;" he went
ahead Of witness all the way up the street TO
Ninth street, where he met three men, and turned
10 The right to let them pass at the time he was
Essex, who was one of the three who met him,
then turned and caught him by the coat collar
and turning him partly round, struck him twice;
he fell to the pavement Essex then made as if to
20 along, but changed his purpose and walked
back and stamped upon him twice.
CToSS-srnnined. Witness at the time, was
within a few feet OF the parties; witness stood
perfectly still while all this was passing; wit
ness thought Essex stamped upon Quigley quite
hdfd a. he was lying PROSTATE on the pavement;
when Quigley was struck he threw up hi. arms;
he was quite dunk, when Essex caught Quic-
lev by the collar. he caught him with his left
hand, and struck him with his right.
Ca Wood, sworn The day after the Nav
~ ; election, was coming from the hay mai ket in
Market Space; saw three men going down the
Avenue, east, and saw Quigley coming up: thew
passed each other without noticin each other at
all; heard Quigley after passing them, cry s'hur-
Tdh for Magrudsr;'' Essex went bac k and struc X
as witness thought, one blow, and Quigley fell,
and witness hraId his skull strike the pavement
add crack; Essex then stamped twice violently
on Quigly's neck or breast.
Cross sramiHed Witness was about l2O feet
rom the spot when this trans piTed: when Essex
advanced on Quglev, the latter threw up his
hands if in self defence; Essex struck with his
night hand; Quigley did not appear to move after
he fell.
Andr.,c SssSfoTd. sworn-Was at the second
story window of Gideon's printing office al the
time me1ltioned heard some one cry for NJ gruder;
saw the PARTIES pass each other, then saw one ca
the three who had passed the deceased, turn back
and strike deceased: he fell here the party who
bad struck, stamped on the PROSTATE man two or
three times witness thought he jumped him.
Cross eJGmirsd.-Witness was some distance
Oh; but thought he jumped on the deceased Is
confident though about the stamping; saw that
distinctly; the deceased was midway between the
cuIbstone and the corner house; he was standing
still aud Essex was approaching him when wit
ness first saw the parties; witness heard about
pistol, but did not see
Here the Grand Jury came in and were called !
The court then adjourned.
To-day, the Court met at the usual hour and
the trial was resumed by calling for the prose-
cutiOn
JOHN o Drcyey. sworn.-Saw the assault made
on Gluig iey; was coming down Min street d
heard a mdn hurrdhing Tor Mlyrr..er; this WAS
on the corner of Ninth street and Pennsy Ivania
avenue saw man strike Quigley and knock
him down. he afterwards stamped on him
CroSS-sTd'aiH.d He caught puigley by the
breast and struck, as witness thought, one blow,
whlck knOc ked him down. Witness saw the
man who struck Quiglcy, afterwards stamp once
on The deceased was attracted 20 the circunl>anc,
6y the man Quigley calling out for Magruder.
tie was Then put Ia d wagon aud driven off VIII
ness did not examine the body, but thinks there
was blood about the mouth.
NJ. H.tCGlf. recalled The circumstance han
pSned in June, nearly two years ago
C1GTf.S IT. Payne, sworn.-Was fifty Yards q
from n place where the Affair occu red; was on
the south side of ia aud Ninth II was
sitting IN his door, and saw three men going
down the avenue. and they met drunken man
(lulgley;) they passed each ether and facrd
about, when tluiyiey threw UP his right hand: as
ne did so, To. one nearest him struck him, aud
be fell; he thea stamped on him; the three men
then lett at Il quick pace; witness and several
others then went mp aud took Quigley and laid
him in the shade, against the wall of The corner
house, as they laid him down a small boy pull d
pistol from the Pantaloons pocket of Quigley; Il
was loaded To the muZZle; the BODY was living
half an hour where they laid il, and then wagon
was brought and the dead man carried home
CroSS-sxam'Hsd-Did not notice the clothes of
deceased as to marks Of having been stamped on;
saw no dirt about the breast o shirt to ind icate
the marks of mans heel upon them
Jos. Ldlct0n, sworn On the day after Manru-
der was elected was walking down Pennsylyanja
avenue, and hen near the corner of Ninth street
saw three men meet a man who cried Hnrrah
for MdgrudeF - one of the three men turned and
struck him and Knocked bin down, and after
ward stamped once on him; he then turned end
went OF; saw but one blow struck and that wa.
on The neck.
CJOSS-SramtEcf Essex certainly slammed
once on CtuIglsy, somewhere about Ia, ShcuIder.
the whole transaction was d very rapid one: wit
ness stoPPed Till the deceased was removed I'D to
the wall of the house aud then left
The Grand jury Were here called and went
intO session
The District Attorney rested the case here FOX
the United States.
MI Bradley then proceeded TO address his
opening remarks 10 the jury, aud occupied some
tlne IN stating what, in his udgment, constitu-
ted the crime OF murder, that of nIanslauyhter
and also homicide, without any design to commit
bodily harm. la relation TO the evidence which
had been adduc'd ON the part Of the prosecution
tended that there was not one single element in
II TO constitute a case Of murder The giSt Of the
e. show that, on the occasion i'm question wb.n
the parties had met. the deceased raised his arm