Evening star. [volume] (Washington, D.C.) 1854-1972, 1858-08-07

GRoRsR JoHNsoN.-we give below the answer
by the court, yesterday, to the argument Of Mr.
Norris for defence in support Of bis motion for an
arrest Of judgment, and a new trial, Of George
Johnson, convicted of man slaught fgr
After stating The motion Of the counsel, and the
reasons urged in its support viz First that there
was evidence produced at the trial to establish
his guilt an alder and abettor In the
OF the deceased, as charged in the Indictment
upon which to found such verdict; second tn at
said verdict was against the law as expoupded
and delivered to the jury by the court and third
that there was no evidence in the case to support
ve11lct OF manslaughter the court said: >
The verdict Is not, that can perceive 40 ainst
the Instructions Of the court The instructions
were these:
"l IL the jury believe from the evidence that
the murder charged In the indictment was COM
mitted by George johnson, Augustus Heissler
William johnson, Thomas Brown, or Edward
Meads, or any other person, but entertain reason
able doubt as to which, then, in the absence of
concert to which the prisoners or either of them
were parties, they ought to acquit.
"2. liz the jury believe from the evidence that
the witness, w lillian Johnson, was implicated
In the murder charged in the indictment then
they ought not to convict the prisoners or either
of them upon his testimony unless It's CON rmed
as to the identity OF the said prisoners; and n Is
not sufficient that be Is confirmed as to the par
ticulars Of the murder or his general statement of
the circumstances connected with IL :
These are both clearly free from any conflict
with the finding OF the Jury; and tn. ONLY other
instruction asked relates entirely to the connec-
uon OF w m johnson with this transaction and
was asked for by the United States Ii is as fol-
lows
" from the evidence the jury shall believe that
VIM. johnson did not shoot Stoops with his own
hand, and. though present, did not aid and abet
In the mortal wound that led to Stoops's death
then he Is not an accomplish. If said William
Johnson knew nothing OF the Intention TO shoot
or Kill until the mortal wound was given, then
he IS not an accOmplice, though he may have AS
saulted the deceased Stops, and concesIpd the
felony afterwards; but II the jury shall believe
that WIN Johnson did know OF the intent TO kill
and stood by aiding and abetting the perpetrator
then be Is an accOmplice.
There is nothing in the shape of con let or in
consistency, because whether VIM. Johnson was
an accomp:ice or not was a question exclusively
for the jury TO consider.
IL Is always within the legal competency of
the jury to hnd prisoner guilty of maIslaun liter
who is Indicted for murder. With respect 10 the
verdict, or whether II is or not such one a, the
jury, in my Judgment, ought to have rendered
have no opinion to give. IL there was any evil
dence on which the finding of the Jury can rest
the motion cannot be granted
/ have no intention Of going infinitely into the
evidence. William johnson was examined a. a
witness for the United states The defence con-
tended mat he was an accomplice, and could not
De relied on unless corToborated in some material
part OF his evidence affecting the identity of the
prisoner and his connection with the crime
charged Whether be was an accomplice or not
was submitted TO the jury. The jury believed
MIN, either because he was not an accomplish or
because. being so, he was corroborated Was
tneIe any evidence, including VIM. Johnson's
AGAINST Geo Johnson! VIM Johnson and Meads
were on the steps Of the barber's shop; HeIssIer
George Johnson and Thomas Brown were in the
shop. While Stops was in the street, William
Johnson and another man, (Meads,) according to
the testimony OF both WIN johnson and MANY
cite, Were standing in front of him Manyette
saw nobody approach, but swore that neither
Villain Johnson nor Mrads could have knocked
MN down Who did this violence? Mrs.
Hensley, an unexceptionable witness. Swore that
some Young men came out of the Ninth-stEeet
door; these, according to William Johnson were
Hsissier and George Johnson-Thos Brown re-
naming In the shop until the shooting was over
George johnson came out directly after Heissler
when they got together In the street, Mrs
HenSley testified that some angry words passed.
ana tndt Immediately after some one was showed
ana pistol hred. What appeared to NJ $ Hens
ley shove the jury may have believed to he the
blow that felled Manyette. This blow, as already
stated, was not given by William Johnson or
Medds. WhO else was there that couId have I'm
nlcted II! No part OF the evidence shows any,
BODY present but Heissler and George Johnson.
me same man that struck Manyette could scarce
~ nave shot the deceased for Manyette said he
nedrd the explosion OF the pistol as he was fall
ing. Both must have been active The fact too
as sworn by Mrs. Hensley, that some young man
came out OF the baTber's shop is corroboratve of
WIN. Johnson's evidence that Heissler and Geo
Johnson came out of the shop together or nearly
so Without further dstail, cannot saw that there
was no evidence on the trial against George John-
son on which the verdict could be found. The
motion Is Overruled -
THK MILITARY The meeting Of the voun-
tser officers took place last evening. at the Colum-
bian Armory, agreeably to ORDERS there being
present the field, staff and company officers, with
SOME few exceptiOns-the efficient material OF
the regiment being well represe nted
The Colonel explained the objects Of the meet
rs hpi into daA
minds OF the officers for the changes in the mode
OF conducting the proceedings aud ensuring the
military obseIvances which will become neces-
sary by more precise and strict conformity with
the rules OF disciple prescribed by existing
laws and by the letter and spirit Of the reguIa.
tons Of the United States Army, so far As they
may oe applicable to the volunteers, and suggest
ing the course and the means by which the law
and tuese regulations may be made availab BILE In
securing subordination, steadiness and efficiency
I" the volunteers OF this District He further
explained how the permanent lace ompls hment of
this desirable end will hereafter dope I'd upon the
favorable action Of the Executive upon the appIi-
cation which the officers to make la body
OF the return OF the President the want of which
ectIOn has paralyZed the steady and ptrseverinV
Efforts OF the friends of the military organization
to preserve It's regularity and propriety.
1t having been stated that tie President was
not expected to return to Washington until the
latter part of next week il was unanimously
agreed by the meeting TO assemble again at the
Columbia Armory at * O'Clock on Monday even
Tue iotu lnst 10 make 1Hdl arrangements
aud hx the time FOR paying their res poets to the
President and Secretary of War, and there was a
general aud earnest feeling aud desire that every
officer should be present
perfect understanding and friendly feeling
prevailed throughout the evening, giving an as
suraBce OF determination on The par: of the
officers and companies to join the effort now in
progress TO restore the order, increase the num-
bers, and secure the efficiency OF the volunteer
organization OF this District.
CENTRE MARKET.-This morning, ID was with
some difficulty one could squeeze passage among
the hoops and willow baskets that obstr acted
the gangways In the sheds, there being such
crowd OF dealers and purchasers, as well as an
excellent and ample supply. The supply in the
hay stands was greater apparently than the de-
mad The prices ranging from 70 cents to al
per cwt The prices were as follows:
Beef, fresh, pr ID. sal2l Cucumbers. -
san Do.-''''."''' odlOI apples .-......... IS
PORK ........... lOal2 Dried apples..... so
Mutton -......... losl2 Roll butter. 20a25
Lamb, per qr .62al IS Phil'a print...... 81
Veal ............ lOal2n Cheese ...... Ii
Sausage, pr b.. ~ Onions, PIX. 50
LARD ............. I2H Peaches, pix. 15aSl
Dcei TON ucs...'' OVdOZ fcdES-.-. 81