Evening star. [volume] (Washington, D.C.) 1854-1972, 1858-04-14

Cross-srornined Never heard Powers threat
en- nutts or make any threats about him.
WIN. Riley, sworns-was on the steamboat ex-
cursion when Lutts stabbed Powers; saw the diff
nculty between them.
The Court here adjourned.
To-day, the Court met at the usual hour, and
the trial of James Powers was resumed.
MIR. Norris stated to the Court that he under
stood there was a deposition In the hands of the
Government, of one Archibald McAleess; IL So
and he did not know of the fact except by infor-
| nation received-he wished to know what use
| was to he made of il.
Mr.. Key stated that such was not the fact; he
knew Of no deposition such as had been alluded
| sible
Mr. N. announced that he had no further evil
| dence to offer on the part Of the defence.
Mr. Key then called, as rebutting evidence for
| the prosecution
John Carr, sworn Pending the examination
| of this witness, Mr.. Key presented some notes
| which were taken at the coroner's inquest on the
occasion Of the death of McAleese, which had
been taken on that occasion, and he offered them
to the counsel for the defence to read to the urv
| If be thought proper. Testified that he was at
the lnnrnlary when John Powers and Shotwell
wee brought thee; Lutts said rst that Shotwell
had shot him. but afterwards when ShotwelI
came nearer, he said I" No, Won did not do II IL
was James Powers" the room was lighted by
one lamp; WIN. Horner called at the nfirmary:
took Powers and Sbotwell to the room where
l.utts was; Lutts, on seeing Shotwell, exclaimed
" ou' re the man, Shotwell then said g O. nv
Uod; don't say that am not Jams Powers;
dul ShotWell" LuttS then turned towards some
one present and said, g. 1t was James Powers
who shot me'' -t
| Mr.. Key here announced that he was through
| MIR. Norris then called
| JOkH PolceTS, Sworn,-Saw a policeman whis-
per To- Lutts when he (witness) and Shotwell
were at the Infirmary had not had his hair cut
| that da'; saw no change in Shotwell's appear
Mr. Norris then offered the following instruc-
| tons, which he prayed the Court to give the
| jury:
lst. Tie Court instructs the Jury that IL they
believe from the evidence that after the difficulty
| between the deceased, Ed. A. Lu.ts, and the
prisoner at the bar. James Powers, in the month
| OF July, 1856: the said prisoner had entertained
and expressed kind feelings towards the deceased
during his illness OcCasioned bv the wounds
| shown to have been inflicted upon by the de-
ceased at the time aforesaid and also in the ia
OF loJ1, anu that the deceased and the prisoner a.
the bar on the Saturday night next preceding the.
| Monday on which the deceased was wounded
n, d become reconciled and fully made friends
| II IS not competent for them to infer malice on
part OF the prisoner against the deceased by rea
son of any threats of violence made in the interim
| by the said prisoner
I'd. The Court further instructs the Jury that if
| they entertain reasonable debut that the wound
| which caused the death Of the deceased Ed A.
Lutts, was inflicted by the prisoner at the bar or
oy some other person in the ballroom of McCo-
gan or from door lead nc to said bar-room then
| the prisoner Is entitled to an acQuilal
! ID. The Court instructs the jury that If they
believe from the evidence aforesaid that the pis-
| tol or other irearm which caused the wound to
! the deceased Ed A. Butts, whereof he died at
| the time and place charged in the Indictment
was disc harged from the back part or back door
OF the bar-Toon of said - McColgan and not
rom ths persons standing in the centre or middle
| OF the floor of said bar-room at the time of the
/ hrlng or discharge OF the same, the prisoner is
entltlsd to an acqnittal, unless they believe that
the SAID prisoner at the time of the said firing or
4 disGh 4Tt nff satA t.I
| at the said back-dOor or outside of the same
lth. If the jury believe, from the evidence afore.
said that any other person besides the prisoner at
the bar disc haTged pistol other tirearm in the
ballroom of McColgan, at the time that Edward
A Lutts was wounded, and that the same was
| disc harged in the direction of said Edward A
| Lutts, that, II matters not that said Jas Powers
1 ala discharge pistol or fre-arm, charged in
| the indictment, the.said prisoner is nevertheless
| entitled to an acquittal.
| None of the above instructions were granted by
| the Court, except the second one The Court re-
| marked at some length upon the other three, but
| decided that, as drawn up, they were inconsist-
| ent with the tone Of the evidence which had been
| given in the
| Mr.. Norris took an execution TO the rulipu NJ
| the Court.
| The District Attorney then addressed the jury
IN oIlei. but powerfully telling argument.
| which was most cogently put, and consistent
| every way with the evidence which had been
| elected on the part of the prosecution
| MI Norris followed for the defence and ad
| uioSSSu 'heJurV dt considerable length, summing
up all the evidence in the case with great leg al
| power, and expressing much high toned senti.
| ment for the unfortunate prisoner at the bar
He was speaking when this report closed.
SUPREME CoURT-Monday J. Prin.
gle, Esq Of California, and Brinton Coke ESQ
| of Pennsylvania, were admitted attorneys and
| councillors of this Court
| Mr. Chief Justice fancy announced to the Ia
mat, as token OF respect to the memory of the
iats Col. Thomas Hart Benton, and to enable the
| Judges OF this Court to attend the funeral ob,e.
quies OF the deceased, the Court will adjourn at
! O'Clock to day.
No SO. George w. watterson, plaintiff in or.
| Ior, IS Andrew Nj. Payne. Mr.. Chief Justice
fancy delivered the opinion Of the Court over.
ruling the motion Of Mr. Bradley tor leave to ar
| que this cause.
1 No. H. Robert Taylor's administrators Main.
| tlHs In error Is. Nathan + Carol, who survived
| WIN j. Ward. The reargument of this cans.
| was commenced by Mr. Hood for the plaintiff, in
| error. Adjourned
| THeSdoy-No II. Thomas Jackson ct al the
owners Of the steamboat Wetumpka, appellant.
rs the steamboat Magnolia, her tackle, &c
| William L James. master aud part owner Ar
peal from the District Court of the United State,
| for the middle district of Alabama MIR. Ju,tice
| Grler delivered the opinion of the Court reyers.
| Ing the decree of the said District Court with
| costs, and REMINDING the cause for further pro.
| ceedings in conformity to the opinion of the
| Court
No. IL. Robert Taylor's administrators, plain.
| tii' In error, rs Nathan T. Carryi, who survived
| WIN J. Ward. The Te-argument Of this cause
| was continued by Mr.. Hood for the plaintiffs i'm
| error, and by MIR. Evarts for the defend ants I'm
| error. Adjourned.
THK IRON PAVEMENT Last night, after the
| Common Council adjourned the members re-
paired to the Mayors office, where Mr. Robin
son, agent Of the company owning the patent 70,
| the iron pavement, proceeded to explain TO them
the model He said an application would be
made 10 Congress for an appropriation to pave
| Pennsylvania avenue but the COMPANY tbouobt
II best as matter Of courtesy 10 let the Council
| know their intention. The durability of the
| pavement NAV be- inferred from the fact that the
| sections Of which II is composed are made of
| chilled lron and the one was hollow; the agent
| thought that, with twenty pound sledge a man
| could make no Impression upon it, The cost of
| TINS pavement would he from sc ~ to So 50 Der
square yard; but 1t would prove economical uiti.
matey as il is averred il would last at least
years. There are in the pavement grooves for a
railroad for horse power. The proposition is
Il hall