Weekly American. [volume] (Washington, D.C.) 1858-1858, 1858-04-17
LOCAL INTELLIGENCE.

CRmmAL CouRr.-The trial Of james Pow
ers for the murder Of A. E. Lutts, commenced
on Monday and was continued during Tuesday
and Wednesday. An effort was made by the
counsel Of the prisoner to postpone the case
until Thursday next on account Of the absence
of associate counsel and James Shotwell, al
legged to be material witness for the, defence.
After argument by the prosecution and defend
ant, the Court stated that the facts submitted
in the affidavit of the defendant were not suf-
ficient to Justify the postponement of the case,
and the motion of defendant for postponement
was accordingly oyerruled by his honor.
!. The following jury was then chosen: Thorn
as Rigglos, Thomas PROXY, R. II. Trunnell
William Cooper, Jeremiah Smith, Theodore
Mead, Washington Wallingsford, William Fl.
Perkins, Albert Hurdle, Joshua Hilton, Rich
ard Butt and Thomas B. Larner
The evidence, as might be expected fromthe
character of the witness, and nature of the oc-
currence was very contradictory.
Mr.. KEY offered Lutts's dying declaration as
evidence.
Mr.. Norris objected, on the ground that the
entertainment of the slightest hope of recovery
by the deceased would vitiate the admissibility
of the declaration, and that the evidence show
cd the deceased had hopes. In support he
quoted Archbold page 14o; LIST Moody and
Robinson, page Sol; LIST Greenleaf, page 2O7,
Sec 1913.
Mr.. KEY replied, recounting all those points
ofthe testimony which went to show that Lutts
was told and believed he had received his death
wound, and insisting that these proved case
where the dying declaration is admissible.
The Court followed the counsel on both Sides
going over the law and its application to the
case in hand, and decided that, in view of all
its circumstances, he was compelled to admit
the declaration Of Lutts as evidence,
Mr.. NoRRIs excepted to the ruling of the
Court on the main point and further asked
that that portion Of the dying declaration re-
lative to the quarrel between the parties in
July, 1856, be omitted; and to this the Court
assented. 4
Justice DoNN was then called to the stand
to repeat the Declaration of Lutts. tits only
necessary to say that it charged the shooting
tering the tavern. To do this Powers pushed
aside two men, McAleese and Gormley. Three
shots were fred, the second of which was the
fatal one. On the Saturday night previous
December 5th) Powers and Lutts had met at a
restaurant, where the old diff Guilty was referred
to. Powers refused to drink with Lutts, car
rying the matter SO far as to dare him to fight,
and to say that had he pistol he would shoot
him. However, after this the matter was set
tied, and Lutts and Powers parted as friends,
as Lutts supposed up to the time he was shot.
AT the close of the testimony, Mr.. NORRIS
then offered four instructions to the jury for
the acceptance Of the Court only one Of which
was granted, being the second, as follows
g The Court instructs the jury that if they
entertain favourable doubt that the wound
which caused the death of the deceased, Ed.
A. Lutts, was infected by the prisoner at the
bar or by some other person in the bar-room
of McColgan, or from door leading to said
bar-room, then the prisoner is entitled to an
acquittal" a ..,,..... ..i
Exceptions were taken to the ruling of the
Court by Mr.. NoRRIs an,r,
Mr. NORRIS addressed the jury on the part
of the accused, and Mr.. KEY for the prosecu-
ton.
The case was given to the jury about o'clock
and about 8 they returned into Court with
verdict Of guilty Of murder in the first degree
Now, AND THKs.-Below win be found a LETT
ter from the Mayor of the City, addressed to
the Circuit Court, soon after his accession to
the throne We give publicity to it for two
reasons: first, that the real efficiency Of the
police at present may be more thoroughly APP
preciated by comparison with what our Hercules
intended they should be; second, to show that
the recent commission by the Mayor of the pa
troll in the-several wards, confers no authority
upon the recipients as conservators Of the public
peace, but that they were given for the purpose
Of counting popularity on his part, and we give
him credit that he is aware of their want of
efficacy; and also well-knowing that il they
were not devoid Of that merit, the most Of them
will net be renewed, and serve his purpose in
two ways-by seeming desire to preserve the
public peace, and by getting rid of the patrol
before the election comes of; But to the
letter:
ITO the honorable Circuit Court
1ia,th"i ofthe District Of Columbia
"The undersigned, having been elected Mayor
Of this city, and having entered on the dis
charge Of his duties, finds the police department
so inefficient that a citizen has been murdered
in the streets, and other high crimes and mis-
demeanors have been committed, and the offend
ers have been allowed TO escape, cannot con-
tnue any longer to trust the public safety in the
hands Of such agents, and respectfully asks
that the persons named below may be appoint
cd county consta6les, they hapin2 been desig-
mated police officers.
Respectfully,
wv. B. MAeRuDER."
The court complied with the request
MASKED BALLs-Mr. Ullman, leader of the
English Opera Troupe, lately entered into q