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


Bentamin Woods for killing samuel Brown on
the 18th day Of September 1857
Hngh Rdgdn, recalled by Mr. Maury as to the
identity Of the soai:-"It Is the same coat Brown
had on on the night Of the affrayn -
The evidence for the prosecution closed here
MI. Bradley announced that the defence waiv-
ed tneir right 10 address the court on opening of
the testimony for the defence =
The defence was opened by calling
her 80 Smith, sworn-as to the character of
w oods; bis mother is member Of the Fourth
e soyte era Church, since 1912; witness has
ne was small boy; witneSs's impressions of
bim have always been favorable; witness marrj-.
20 MN IN the year 1855, witness him fire.
quently wnen at his mothers house
Col Hm. p. Young, sworn.-Has known the
prisoner MANY years; he In our Sabbath
ss m sna Always was good boy have visited
OF him as an afectionate son; have never heard
ANYTHING against him =,
Crost-ezamiaed Have lost sight Of him for
several years past; he lived opposite witness
while learning his trade.
Thomas Hoilidge, sworn-Know the prisoner.
nave known him for twenty years; have always
lived close by him; never have seen a more
peaceable boy since was born have seen him
great deal lately; his character for being peacea-
BILE and quiet Is excellent.
JOAN Alag, sworn-Have known the prisoner
eighteen years; never saw anything bad in him;
his reputation Is good; never heard word
Aaron W. Miller, sworn-Charles Sharp was
sent for to testify before the grand jury In this
John F7aAsrfy, sw6rn-Know Benin Woods:
have known him six years; has worked under
Inc at different times; never knew a better char.
acter of a man in my life; when he worked for
me, ne never lost any time
Jacob King, swofn-Has known the prisoner
hn wears; never heard anything against him
"nt. SibTey, sworn.-He served with witness
three years as an apprentices; had cause to
complain of him; his character was always good;
he was man of good impulses.
~ HUf onH
hve years; his reputation is very good his char
acter Tor peace and quiet is good he was always
quiet and civil.
Otfesr Ross, sworn-As to Woods character.
and testified that he was a man Of good habits
always; had known him some two or three
years.
Joseph F. Rodgson, orn-Has known the
prisoner four years his reputation is good; has
neaId many people speak in his favor knew
fetry have seen him. saw 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
hing case OF the negro Brown; on that occasion
Ferry was staggering along the street
Mr.. Plant, sworn.-Knows Perry would not
believe him on oath have known him three
peacbed.
Dr. Henry Bar, sworn-Testitied to w Gods,
character; had always regarded him order
NJ. Benz. Ferguson, sworn.-Knows Perry:
hs reputation is bad for truth and veracity; knew
him in Baltimore.
Mr.. Radcliffe presented PRAYER for instructions
TO the jury, az follows
lst u the jury believe from the evidence that
there Is reasonable doubt to any fact neces-
eary to constitute the prisoners guilt under
this instruction, then they ought to acquit him
20 III the jury believe from the evidence that
the prisoner inflicted a wound on the deceased
ana that the said wound produced death, hut en-
tertain reasonable doubt as to the intention to
take life, then they should find him guilty of
snanslaughter only.
Sd. II the jury believe from the evidence that
the prisoner and the deceased were engaged in
reDeounter or scufie, and that during the same
the wound charged In the indictment was in
ticted, under heat of blood and without malice
then they ought to lind said prisoner guilty of
9Th. IL the jury believe from the evidence that
TIE prisoner inflicted the wound on the deceased
charged as in the indictment, but entertain a
reasonable doubt as to whether said wound pro-
duced death, then they ought to acquit
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 grievous 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 jury
at some length, and with much ability; and on
concluding he was followed for the defence bv
Mr. bradley, jr., who entered into a searching
investigation Of the facts in evidence, and dwell
at some length upon the circumstances surround
ing the whole matter. He closed after sprakinu
about one hour, and the Court here ordered LIGHT
to ne brought
Mr. Radcliffe, who plead earnestly in behalf OF
The accused for space of almost two hours On
closing, ne rested his case upon the point in the
evidence OF Or. Butt as to the wound which was
inflicted producing death. IL will be recollected
Ihat the witness stated his opinion to be that the
wound produced the death of Brown, but that
rfprp
deceased, there was d certain degree Of upcer-
tainty as TO whether the deceased may not have
had some inward disease which being developed
oy the said wound produced the fatal result
Mr. Radcliffe dwelt upon thiS point at som,
length, and quoted many cases in medical expe-
rience in illustration Of the hypothesis He
closed by an appeal to the jury in behalf of the
youth Of the prisoner, his Young wife and aged
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
The jury returned very shortly with verdict
Of manslaughter.
The Court then adjourned.
To-day, the Court met at 10 O'Clock and took
UP, mrs.; the case Of the United States IS Joseph
ward, Tree colored, in which the prisoner stood
charged with the crime of ma yheIn, in putting
out the left sye OF one Lorenzo seymour with q
knife, on the 10Th day of November le57
This case was pending when our report closed
An lHDfAS "TALK.r-The Indian tribes, the
Pawnses and Sioux, have long been on unfriendly
terms, and some most sanguinary engagements
have taken place between them. Delegations
from each Of these tribes now In Washington
business with Government and they bave
been adverse to meeting aInicabIy though
several attempts have been made to that end
Yesterday, however, the Sioux went to the quar-
tiers Of the Pawne-s, and they met for a frirndIv
talk. One Of the Sioux, addressing the council
said that al the request of their Great Father IN,
President, they had come to offer the Pawnars
the hand Of friendship, not tine right hand, for
that hsd done the bloody work, but to be on
good terms with them here, and though the
chiefs here could not be esponsi bic for what
was done during their absence from home still
they wonld havr i talk when they returned. and
hoped that peace would result, and the Ratchet
lie laid aside
Another Of the Sioux said he had a nephew
killed by the P.wners. That nephew had gone
10 war without his consent and contrary TO or
ders. II the warrior who killed him was n,es