Evening star. [volume] (Washington, D.C.) 1854-1972, 1858-04-12


CRIMINAL COrRr--The jury in the case of Jc
sePh Bulger, charged with larceny from VIM.
Dawes, found a verdict of acaniital
The case OF the United States against Henry
Martin for assault and battery with intent TO kill
Augustus Norton, at the Seventh street toll gate.
on the LIST day of March last, was next taken m
augustus Norton was first called aad testified
tina, he was at Moreland's when two men came
up tne road; MI Henry Martin and Benz Cross
were the persons; was then informed by More
land, son as follows: There goes the fellows
thar heat you tefore;' Cross then cried out ooh
You Plugs Witness replied THAT'S so.,'
Cross then said, "Come up, you bull-headed son
of b-h-" When Cross came toward witness
Martin said ''DOn't 90 there" Cross then said
"CoIne on, lets get at the son OF b-h" Wiz
ness started to run. but Cross caught him: Mar
tin was then brhiRd When Cross caught wit
ness, he Cross struck him with 4 sluny-sbot:
Martin then said, Ben, please stop" John
Marion was along, and cried out to Martin To
part them; don't knew as Martin struck me: saw
knife In Martins hand i'm the road previously:
he was whiting; when witness run, Martin did
not pursue me, but when Cross came up Marlin
also came within about three feet of witness; he
(haFtln) seem'd To want to part Cross and wit
hess Cross struck witness with a slung-sbot:
witness was cut, but don't know who did it;
Martin was close TO witness when Norton struck
nm (Nofton) and he dropped from the blow 6f
the sung shot; witness thinks he was cut after
he was knocked down. hut repeats be don't
know who did il; witness did not see Martin
have knife when he stood beside him and
Cross; Martin did come through the fence with
knife, whittlin9 stick; don't know whether
" was diTk knife or pen knife; had never seen
Martin before that day
Dr. FaiUHr testified to making an examina-
ton of Norton after he was injured
1hOS- MOTsldHd. boy, testified that he saw
Two men 90 up the road, and come back again
they were Ben. Cross and Henry Martin; witness
said TO Norton, There goes the fellows that beat
YOU before Cross then said I" O YOU PLUGS -,
Norton replied - That's so,'' Cross then halloopd
out, Come or, you bull headed son of b--h;"
when Cross came toward Norton, Martin said
" Don't 60 there, Cross said - cts t;,ke the
son OF a b-h any how - Cross then cau0bt Nor
ton and struck him first on the head with slung
shot Martin was cluse To the parties then; NJ
stTuCk at Norton; did not knife in Martins
hand; Norton falling from Cross's blow
when Martin struck; don't know az Martin
stabbed Norton; saw no blood; saw no knife; am
certain that | saw Martin strike at Norton; saw
Cross Kick Norton in the head.
CIoss-sIdmiHed.-Martin begged Cross not to
strike Norton.
EHoch MoysIaRd testified that he saw Cross
strike Norton fist in the head; Martin was be
hind the PARTIES, aud halloOed to them 10 stop;
Martin Kicked Cross on the hand and broke his
bold on Norton; saw no knife in the hand of
Mdihni don't know whether Martin hit Norton
or Cross; saw that Norton was cut in the evening:
don't know az Cross had knife; Martin did try
10 pull Cross off, saw blood on the hand of Cross
Several gentlemen testified regarding the char
dCieT of Henry Martin
The jury returned verdict Of - Not cniIty ,;
The case of Fanny Neale was then takra up in
which the defendant stood charged with Il brutal
assault on a child eight years Of age named Mary
Garrett. Verdict, guilty as indicted
John Brooks was brought up charged with
sault and battery with intent to kill Rowlet
verdict, guilty of assault aud battery only
VIM Brown was tried for assault aud battery
on Ohcer Watson Verdict, not guilty
The case of the United States rs James Spald-
Ing was taken up, IN which the defendant was
charged with keeping disoTdeTly house v,r-
diet not guilty.
Fanny Neale sentenced to be imprisoned
In the county Jail for four months and nav fine
of 81.
John Brooks was sentenced to r-~o mouths in
The county Jail, and pay fine of 81.
To-day, the Court met a: the Sspsl hour
The case of the United States K Jas Powers
Tor the murder Of Edward A Lutz-which was
set Tor trial this mornin2-being called Mr. Nor
rls, one Of the counsel for the defence stated to
the Court thatthe princip pal counsel MIR Morpanl
was absent, from Sickness and that he did not
desire 10 enter upon the trial in his absence,
lie was more Intimately connected with il and all
the circumstances surrounding it
MI Key stated that the United States was ready
10 90 Into the trial at once, and proposed that the
counsel for the defence must produce good and
sufficient reason for continuance
The Jndse remiI ked that tteusaoe Of the court
Was, when more than one counsel WAS employed
on case, that the absence of of them was no
reason foe a continuance, and must be sustained
with proper affidavit, setting forth the reasons
for putting the case eff
MI Norris here offered the athdavit OF the de-
fendant that be was unable to procure the pres
ence Of an Important witness, one James Shot
well, who was expected to prove that deceased
aItef receiving the shots which subsequently ter
minated MS life, charged him, ShotwelI, with
having Tired those shots. Also, that Le had good
reason TO believe that said Shotwell was now in
the city and could be procured by Thursday
next, 10 which time he prayed the Court 10 con
tlnue the case The affidavit was argued by the
District Attorney and MI Norris at some length
and hnally submitted TO the Court
heTenpon the Court after speaking of the
various statements set forth in the affidavit de-
clded that they Were not sufficient to warrant
continuance and therefore the motion was over
ruled.
The Jury was then swo.n as follows after
going through the usual formula of questions by
the Court and the several cOunsel-Thomas Rig
giles, Thomas PROXY, Il Richard Ii Tunnel. vii
nam cooper, jeremiah smith, Theodore Meade,
Washington W allingsford Wm H. Perkins
Alfred Hurdle, Joshua Hilton, Richard Butt
Thomas Il Larner
That HAT Sunday morning inquiries were