The Washington union. [volume] (City of Washington [D.C.]) 1857-1859, 1858-05-23

the murder of Edward A. Lutz District Attorney Key
appeared for the United States. s
The first exception taken TO the ruling of the criminal
court was that the dying declaration of Edward A. Lutz
should not have been admitted evidence Mr. Norris
commended IN support of the first instruction that the
must be of immediate death before he could
make declaration which could be admitted as evil
dence that is, he must be dying man in his own esti
nation. The deceased he believed did not apprehend
he dying at the time he made the declaration The
deceased had said, al dying man" The Justice
said, 'Perhaps not But, he replied IL hope not, but
fear y IL evident that he had hope of life
for he had refused TO have minister attend him at that
time and not therefore, laoring under the fear OF
immediate dissolution Az il was not dying DECLARE
ton and the deceased being in improper state of mind
TO make one, IL should not be ruled in evidence
Above ALL the deceased evnced desire to take revenge
of supposed assalant The authorities cited to sustain
the argument to the first exception Arch 40,
Grcenleafs Ev. /, g. Car. and Payne, 1877 Car
and Payne, 544 East's Crown Law. 1858; and Lead
Ing Criminal Cases. 1883
The second exception taken the refusal of the
court at the trial TO give three of the instructions prayed
by the counsel for the Defence the second only having
been granted Mr. n contended the first instruction
should have been granted to exclude from the jury threats
made before that time, because the deceased and James
Powers had been reconciled according the evidence
adduced the part of the United States as the
Saturday night before the shooting. Mr. N cited from
Easts Grown Law, ga, in snstinment of this position
The third and fourth instruction Mr. Norris contened
ought to have been granted because based on the evil
dence of the United States which showed that two other
pistols had been discharged in the bar of McColxan
at the time of the shooting and that shots had in the
opinion of the witnesses been discharged from the back
door outside, while the evidence showed that the
cused in the middle of the floor and second because
the deceased complained of being shot in the room
and person knew he had been shot and he was found
outside in the alley by policeman wounded and with
out his hat and 1T was proved that other persons of the
party inside having pistols had passed through the alley
at that time Mr.. Norris spoke with great ability, his
| argument occupying an hour and half
District Attorney Key replied In referring the first
exceponto the non-admssion of the declaration that
the deceased in making his declaration must be dying
in his estimation he quoted the testimony of
Doctors May and HELEN who had told the deceased that
he would die and also the testimony of Carr who said
that Lutz told him TO send for his sisters brothers. and
his parents and that the deceased made partial distri
button OF his property to Carr, his brother in law All
of this evidence in the mind the deceased that he
aware Of impending DEATH and his declaration was
made in that state of mind The instructions which were
ruled out should have been disposed Of in accordance
with well-known principles
Mr.. Norris replied to points of the district at
oneys argument after which the Court gave its deci
sion The rulings OF the judge of the criminal court
sustained the bills of exception were refused and the
| motion for trial was overruled
AS the court ends its present session this week. the sen
tencc will be carried into effect the first Friday in
| June
PnornEcy. We find in the advertising columns of
the Star of yesterday the following communication pub
lished in that paper year ago 1t is not astonishing
that those who condemned the ourages committed when
the know-nothings were in power should turn from
candidate who receives their secret yet sup
port and determine to vote for the regularly nominated
democratic and anti know nothing candidate Col Berret
| Read the prediction
! M. Editor: Your authorities doubtless plume them
selves upon the supposton of having crushed out the
patriotic Americans of Baltimore, but it is a grand mis-
take They but the boys that hang upon the skirts
of single American Club of that citythe Plugs Next
year the of that patriotic organization will come
down. accompanied hy the glorious confederate clubs of
| Grip Raps,' "Wampanoags,' Tigers 'Gladiators"
Babes" Ashlanders (" Claremen' and Blood
Tubs, all frst-class fellows recognised such by the
authorities and by hundreds Of gentlemen who contribute
literally for their support This is tale for marines
but will prove true at the next election Many were on
the point of coming down last night, but they would
have fought to disadvantage, the leaders advised
| postponement to ANOTHER DAY
Houss CHArrAINs Mr. Speaker Orr has made the follow
ing arrangement in continuation of that heretofore made
for opening the daily sessions of the House of Representa-
lives the list being continued to the first Monday in June
that day has been agreed upon by both Houses to close
! the present session of Congress
| Rev. d, Ball May 20; Rev. G.. Bassett May 27 Rev.
B. F. Bittinger, May IS Rev r. II. Bococb DID, May
20; Rev. J. G. Butler, May 81 Rev. r. NJ Carson
June Rev A. g. Carothers, June 2 Rev W.
Chapman, June 3 z; Rev. u. w. CoOmls June 4 Rev
g. ID. Cummns, D., June Rev. j. r. Eckard
| June T.
WmrrsuSrIpn. To-day is Wht-Sunday and the com
mencement Of the time honored holiday will be appro
priacly observed in several of the churches In the
Catholic and Episcopal churches there arc services pe
cuar to the OCCASION and they continued until Tues
day noon. The Christian Whtsuntde corresponds to
the Hebrew Pentecos by which people it is also strictly
observed feast Amongst the German portion of the
population it is always celebrated by casts and dancing
and to the suburban groves where the Whit
Monday is spent in hilarity and social intercourse
| Mk,pK's RECORDING ANGEL an exquisite statue was
ratified for last evening at Taylor Maurys There were
hundred chances, of which ninety eight had been
taken and the highest number which could have been
thrown fifty -four The highest number thrown was
forty two for ticket number 10, belonging to Colonel
Alexander Provost, who thus becomes the owner of an
exquisite work of art The next highest throw was thirty
nine.
NEW JERUSALEM CHURcH.-R Rev Jabez Fox will prea,,
ut the New Jerusalem Church on North Capitol street
between and c. at eleven O'Clock this morning. ON the
subject of the Trinity demonstrating that the Divine
Trinity ia not Trinity of persons but in the
one Divine person of Lord Jesus Christ in whom
dwelleth all the fulness of the Godhead bodily" IN
the language of Scripture.
PUBLIC MEETING AT GEoRGmowN.--Ma Crawford has
n accordance with resolution passed by the aldermen
ilafE