Evening star. [volume] (Washington, D.C.) 1854-1972, 1858-01-11

Benjamin Woods for killing samuel Brown on
the 18th day Of September, 1857.
hngh Rdgan, recalled by Mr. Maury, as TO the
1asnuty OF the soat-s'lt Is the same coat Brown
hs1 on on the night Of the array" 80
The evidence for the prosecution closed here
nj. bradley announced that the defence waiy-
20 neil tight 10 address the court on opening of
The defence was opened by calling
hsr =. z. Smuh, sworn-as to the character Of
Woods; his mother is a member Of the Fourth
presbyterian Church, since 1912; witness has
known the prisoner in the Sabbath school since
he was small boy; witness's impTpssions of
Dun nave always been favorable; witness marri-.
ed him In the year lS55; witness saw him fire.
quentiy when at his mothers house
Cor. VIM r. Young, sworn.-Has known the
PRISONER many years; he was In our Sabbath
his family often; his mother has ALWAYS spoken
OF MIN as an afectonate son; have never heard
anything against him :.
Crost-exaniaed Have lost sight Of him for
several years past; he lived opposite witness
while learning his trade
Tao.nds Hciiidge, sworn.-Know the prisoner,
nave known him for twenty years; have ALWAYS
hved close by him; never have seen a more
Peaceable boy since was born; have seen him
sIeat deal iateiy his character for being peacea-
BILE md quiet is excellent.
John kiHg, sworn.-Have known the prisoner
eighteen years; never saw anything bad in him;
ms reputation Is good; never heard word
Aaron W. Miller, sworn-Charles Sharp was
sent Tor to testify before the grand jury In this
John F7aAsrty, sw6rn-Know Benin Woods.
nave known him six years; has worked under
me at different times; never knew a better char
ac.e, OF a man IN my life; when he worked for
me, ne never lost any time
Jacob King, swoTn-Has known the prisoner
nfteen years; never heard anything against him
before this time.
W"' Si6T'y, sworn.-TIe served with witness
three years as an apprentice; never had cause TO
complain OF him; his character was ALWAYS rood:
he was man of good impulses
J0hr ffdJuvfOf6. prix
n'e years. his reputation is very good his char
acteI Tor peace and quiet is good; he always
O6fcer Ross, sworn-As to Woods character
aud testified that he a man of good habits
always; had known him two or three
years.
Joseph r. Hodgson, sworn Has known the
prisoner four years his reputation is good; has
heard many people speak in his favor knew
ferry; have seen him; Perry at the Northern
Liberties market house about the middle of last
September, and he was drunk; that was ON Sun
day, and the next day witness heard of the stab
hlng case of the negro Brown; on that occasion
Ferry was staggering along the street
Mr. Plant, sworn.-Knows Perry would not
believe BIN on oath have known him three
peacbed.
DR.. Henry Bar, sworn.-Testified to w Gods,
character; had always regarded him an order
NJ. Berj. Ferguson, sworn-Knows Perry:
hls reputation is bad for truth and veracity knew
him in Baltimore.
Mr.. Radcliffe presented PRAYER for instructions
TO the jury, "a follows III. ri.
LIST. u the jury believe from the evidence that
there Is reasonable doubt as to any fact neces-
sary to constitute the prisoners guilt under
this instruction, then they oug ht to acquit him
I'd IL the jury believe from the evidence that
the prisoner inflicted a wound the deceased
ana that the said wound produced DEATH hut en-
tertain reasonable doubt to the intention to
take life, then they should find him guilty of
Sd. If the jury believe from the evidence tina,
the prisoner and the deceased were engaged in
r.ncounter scufie, and that during the same
the wound charged in the indictment was in
nicted, under heat of blood and without malice
then they ought to lind said prisoner guilty of
18th II the jury believe from the evidence that
the prisoner inflicted the wound on the deceased
charged as In the indictment, but entertain
reasonable doubt as to whether said wound pro-
duced death, then they ought to acout
The Court, with some explanations as to the
Interpretation Of the above instructions, granted
them.
Mr.. Maury here made the following PRAYER for
instructions, which the Court granted
IL the jury believe, from the evidence foresaid
that the prisoner started In pursuit of the de-
ceased with the intent to kill the deceased or
commit some gIlevous bodily harm, then the
prisoner Is guilty of murder, notwithstanding
The prisoner may have committed the act under
pTOyocation.
Mr. Maury then proceeded to address the tury
at some length, and with much ability; and on
concluding he was followed for the defence bv
MI Bradley, Jr., who entered into searching
investigation Of the facts in evidence and dwell
at some length upon the circumstances surround.
ing the whole matter He closed after sn.sLin
about one hour aud the Court here ordered liz hts
to ne brought.
M Radcliffe, who plead earnestly in behalf Of
The accused Tor space of almost two hours On
closln2, ne rested his case upon the point ia the
evidence OF Dr. Butt, to the wound which was
inflicted producing death. IL will be recolIected
that the witness stated his opinion IN he that n.
wound produced the death of Brown, but that
ueceased, there was certain degree Of upcrr.
tainty as TO whether The deceased NAV not have
I'D had some inward disease which being developed
oy the said wound produced the fatal result
Mr.. Radcliffe dwell upon thiS point at som.
length, and quoted many in medical expe-
rlence in illustration of the hypothesis He
closed BY an appeal to the Jury i'm behalf Of IN.
youth Of the prisoner, his Young wife and ayed
mother dependent upon his labois for support in
MIR. Mauray closed in a brief speech in which
ne summed up the case, after which it was given
TO the jury. 49,.
The jury returned very shortly with verdict
Of manslaug hter.
The Court then adjourned
To-day, the Court met at 10 O'Clock, and took
uP, FIRST, the case of the United States rs Josenb
Ward, free colored, in which the prisoner TODD
charged with the crime of MAYHEM, in puttin1
out tue l-it sye OF one Lorenzo Seymour, with a
knife, on the 10Th day of November Is57
This case was pending when our report closed
Az lHDIAS "TALK.''-The Indian tribes the
Pawnses and Sioux, have lon. been on unfriendly
terms, and some most sanguinary engagements
have taken place between them Delegation.
from each OF these tribes are now in WASHINGTON
on business with Government, and they have
been adverse to meeting anicabiy thouob
several attempts have been made to that end
Yesterday, however, the Sioux went to the quar-
tiers OF the Pawners, and they met for d friendly
talk. One Of the Sioux. addressing the council
said hat at the request Of their Great Father the
President, they had come to offer the Pawnars
me haha OF fnendship, not tine right hand, for
good terms with them here, and though the
chiefs here could not be res pOns bic for what
was done during their absence from home still
they wond have 4 talk when they returned. and
hoped that peace would result, and the Ratchet
be laid aside
Another OF the Sioux said he had nephsw
killed by the PAwner.. That nephew had gon.
10 war without his consent and contrary TO or
deTs. 1I the warrior who killed him was mes
L. L. J. = -, ~ -.....