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

ana iV In the morning, III wishing them insert
ed satisfactorily on the same day.
CRIMINAL CoURr.-TriaI of James Po,r.,, fo,
fac Murder Of EdIrard 4. Lntts-When our re
port closed yesterday, Thomas c. Dom. ESQ.
(magistrate,l was on the stand, testifyinp a. TO
the dying declaration of the deceased I,utts The
examination bad reached point in the declare
uoh wherc The declarant had alluded 10 a pre-
vious quarrel between himself and Powers w hen
'ne couhsei Tor the defence inteTposed with an
oelsction to this Fart of the declaration
Inc District Attorney commended, at length
that ne had an undoubted RICH to produce any
testimony bearing the death of the decreased
IN any manner, and to show a long c inued
malice on the part of the prisoner towards the de-
ceased
Some time was consumed by the counsel in
argument upon this point; and upon its conclu-
sion and final submission to the Court, his honor,
the Judge, decided that the diving declaration
must be confined to the circumstances of the
death, and that the statements in question could
not relate to the death but to events which trans
pired between the prisoner and the deceased
long time anterior to the death, and were there
fore inadmissible.
statements which he had previously given in re-
:he deceased
Crosse xaminsd Witness stated IN the dc
ceased that he had come 10 take his diving decla-
ration, and asked him if he was willing to make
astatement he said he was willing and would
give 1t; every word in the declaration was given
Freely, ana without prompting from any one:
eral persons Were present, and witnessed and
heard II ALL the deceased said nothing but W hat
IN the decl aration; he did not be aware
OF how he had got out of McColyans house;
saw no evidence of intoxication on the part of
deceased; did not smell his breath; sat beside
him on the bed.
Won. L. SWifh, sworn-IIad a conversation
with the prisoner in Baltimore last summer; wi
ness asked Powers il he had settled that old diff
hculty with Lutts; he said no, but that he would
m nra f hpr. 81
forwards told Lutts Of this conversation and
l'utts said he WAS not afraid If Powers and there
was no danger from him; witness knew of this
olu ulnCuity from the public Journals; witness
being intimate with Powers has several times
spoken to him in relation To this old ffacas Iutrs
was about twenty three years Of age
The United States rested its case here
Mr Norris, for the defence called
john wade, Sworn.-Was at McColgan,s on the
night in question; went there with several COM
panlons and three gentlemen to whom witness
had been introduced; these We're Adamson CORN
ley and Powers this was between a nd 10 O cIoc K
al night; in the room was Daniel smith, Mr. Wi
lev and Dennis NcCarty; was there when I.utts
came in did not see Him come; hut he was there
aud stood opposite to witness; all persons present
Were conversing and drinking there were three
shots fired; one shot first and then witness looked
up and saw Lutts standing against the counter:
saw the smoke Of the pistol, and apparently il
came from the hack door, hut witness does not
know who hred II; was standing opposite TO Wit
ness; several persons were standing between
witness and the man who was firing; the pers ors
VINO were IN conversation Were near the centre If
TIE room; when the shot was red witness fell
back against the wall to get out of the wav. a a
not know at the time that any enc was shot; some
one walked out with Lutts, bnt witness could
MOI say who he was; he was a larger man than
Iutts; they went out of the front door; Lutts
cTi'c out, - Oh ~ as as the firing ceased:
witness was nearly the last one out of the house
and when he went out he saw several of those
who had been within walking across the alley:
when the firing began, the crowd present re-
treated towards the back part Of the room; saw
No las h zrNigf Il
room; after the firing ceased, McAleese went to
the middle of the room and leveI,d pistol. a
horse pistol, and said if there was another shot
fired he would shoot; some one then said Oh +,
McAleese, don't ~ there are three doors IN the
roomi the smoke OF the first pistol came from the
back door; could not tell W no fired the pistol;
Adamson acted like drunken man on that nigbt:
Ddnlel smith was under the influence of liouor ,
as well as was himself (the witness
CrosS-eramined-Did not see Lutts drink:
think lutts was fired at by the way he acted; be
was doing nothing, and witness heard him eY
claim - oh ~ when the shot was fred: witness
was conscious Of what was passing around him
VI. "orniisy sworn:-Thinks be was at McCol-
CANS on the night in question; was in some
house where man was shot, was with Adam
son all tnat evening; went in that house with
him and McAleeSe and Powers: hea I'd SHOOTING,
but there was no row, but all were drunk: wit,
ness was so drunk he could not walk; so was
Adamson; at any rate Adamson drank witness
drunk, but don't know how drunk Adamson
was; Adamson was half drunk when witness
wa. Introduced him by Lutts, at II O'Clock
mat mornings ~ introduced to AdaUson on
the Avenue, between Third and Four-and- "A half
streets, al some house; don't know Daniel smith:
witness has lived in Washington FIVE months
CToSs-sTdmiHsd Don Z know what took place
al McCol gan,s house that night; thinks Adamson
was as drunk as he, witness, was; don't know
whether he was carried in that house or walked;
heard shooting and that was all
John PcrerS, sworn.-Saw John Adamson on
tne night In question about II O'Clock; he was
oeastly drunk; " was az Mr.. Ksly's on the ave
nue., above Sixth street; he staggered very much
and was drlnxlng whisky al the time; most all
the parties which have been named in this case
were then present; this was after the shooting
CroSt-tr1uinsd Saw the crowd 90 in Kplly,s
house and followed them in; James Powers was
not there; Adamson acted like a drunken man.
saw him drink whiSkey; all the rest of the crowd
were drunk; witness was sober al that time;
knew ii was whiskey that AdamSon drank he
canse he knew the bottle; knew or heard then
that man had been shot
Rs-sJdmin'd by Mr.. Norris -Was arrested for
his brother, and was taken to the Infirnary hand
cuned together with Mr.. Sbotwell; when they
went into the lnnrmary LuttS said to him wit
ness) you Amt the one, but pointed TO Shotwell
saying: but YOU are go away;" he said, point
ing 10 Snotwrl, three times, lyon the man
CToSS-sId'uiHSd By Mr. Rsy-Witness thinks
shotwell and James Powers resemble each other
considerably; after accusing Shotwell of shoot no
him, Lut,s said, Il NAV he mistaken; Iutts also
said to witness johnny, Your brother shot me;
Shotwsll was not discharged from custody until
James Powers caught
John SiorceH. sworn This witness was
placed by the side Of the prisoner aud Inhibited
strong resemblance to him Testified: Was
arrested on charge of having killed Lutfs. was
placed IN the waite h. house.; was afterwards taken
TO the lnnrmary; l.u,ts was in bed, and when
they came in exclaimed. pointing TO him, (wit.
ness, that's the who shot me- he renea,ed
this expression three or four times and looked
wildly at witness; was taken back TO the watch
house.
CT0SS-sJdmiHed- Has not stated all that took
place at the lnfrmary; witness then said to Iutts
for Gods sake, don't say that-look at me
good when l.utts charged him with shooting
him; I.ults said TO John Powers Johnny amt
that your brother" and - he shot me;'' witness
was very much frightened at what Lutts said
fearing to be charged with the murder
Rs-,IGDftHfd ~ Norris Was carried back to
the atch-house, and retained there till O'Clock
in the morning.
CroSS-srdmtHed by Key -Lutts asked witness
III he was not James Powers he called him wit
nes>) Powers; witness arrested for James
Powers II was candle-iight when witness was