The Washington union. [volume] (City of Washington [D.C.]) 1857-1859, 1858-08-03


granddaughter committed Suppose the Jury believed
shat these parties out Of the barber shop armed and
ready Tor mischief and that when they reached the
OF the interview between VIM johnson and the deceased
Stops something occurred which fired the blood Of tho
parties. Mrs Hensey says that after the parties
rushed out there alteration OF words sup
pose the jury believed that ia consequence OF
heated blood, engendered at that particular mo-
ment, August Heiseier fired the fatal shot and was
aided and allotted by the other prisoner George John
son-and the jury had right to believe it-that will
make OUT clear ease OF masaughter. But ii not
ior ANN OF fo the prosecution 10 stand up in defence
that particular verdict verdict of murder might have
been rendered and whete the evidence warrants CON
yiotion of murder it certainly warrants conviction
rnanslan2hter for includes the other For his own
part, he believed that it was case Of murder He
believed on the trial. and he believed that Augustus
Heisser was the party who shot Stops He believed
the trial. and he believed now that George johnson
there aiding and abettng him. If any confederation was
wanting, it supplied in the very form of the
application II Iesser had not committed the deed he
would have been here asking trial himself III
he did not know that there enough evidence be
obtained since the former trial to render the
his guilt doubly sure, he would ask for new trial His
withdrawing the motion most pregnant fact; and
the circumstance Of Hessles being satisfied with that
verdict was confirmation enough, if any needed
outside Of the that he the actual guilty agent
in firing that shot There abundance of ground for
the jury to believe that George johnson was there aiding
and abetng in the deed. He rushed out OF the house
at the time, nearly simultaneously that the
witness in describing it, said that and the
other came out ciIecuy afterwards They rushed out
together, they away together, and they both CON
cealed the knowledge of the affair. Thus the jury had
not only the power but the right, to bring in verdict
OF mansaughter against both the prisoners if they be-
lieyel the circumstances of the justified it,
Mr. Caoss followed taking similar view of the ques
ton He remarked that it perfectly competent for
the jury upon Indictment for murder to convict for
manslaughter If they fit and he did not think
verdict Of mansaugter, distinguished from murder
could be regarded aflording fair ground for
uia- 1t might be a fair ground il man convicted
of manslaughter when he had stolen horse In
which are laid down in the books rather usra
tons than preccdents; in such the court might
grant trial but this very different case The
counsel the other side laid great stress the circum
stance that the prosecution claimed that it of
murder, and they conceded it, But it was a new idea
that the jury to try by the impressions of
sell What was claimed on side conceded upon
the other entirely matter of opinion and the jury
have nothing to do with that but to be governed by
the evidence Suppose the jury considered the testimony
of Mrs Henslcy, who spoke Of angry words passing
before the shot fired and fit to reduce it from
of deliberate murder to the milder offence of
slaughter have the prisoners at the bar any good ground
for complaint that instead of being convicted OF murder
they have only been convicted of manslaughter' He
might go further than that, and say that il the
jury had believed that William johnson committed the
murder, and the others were only aiders and abet-
tors and if they had brought in verdict upon
his evidence alone, it would not furnish grounds
for trial. although it would be gross disregard of
the rulings Of the court One thing established by
this verdict and that was that the witness VIM johnson
not held to be accomplice by that jury. He
regarded credible witness they took his testimony
he gave it, and from that testimony they concluded
that George Johnson present aiding and abetng in
the commission of that offence whatever it murder
manslaughter
Mr. NoRRIs closed the argument replying to several of
the positions Of the counsel for the prosecution and
without giving any decision the question: the court
adjourned.
CORPORATION OF WASHINGTON.
Boz I'D OF ALpERxyy. The board met ut the usual
hour w. t. Dove, esq, the president in the chair
A communication was received from the Mayor nomi-
mating VIM. McLain for policeman, vice Il. H. Degges,
transferred to the nightwach confirmed.
The Chair presented communication from w. w.
Corcoran, esq, in relation to the gutter the west
north and east fronts Of square 1866 which referred
to the committee of improvements.
Also one from John Gould, esq. in relation to the
grade of street, between goth and 2st streets also
referred.
Mr. DoyoHo presented the petition Of the trustees of
public schools for the LIST district asking appropriation
for school-house referred to the finance committee
Mr. BRowS presented communication from y. Dan-
Use, esq, asking to be relieved from charge of s12
erroneeusy assessed against his property which
erred to the committee of claims
Mr. BRowN from the committee Of improvements re-
ported bill making appropriation for the rent of
rooms at the recent elections passed
Also, making appropriations for the payment Of the
Mr. THoaAs MILLER, from the improvements committee,
introduced resolution nsructng the City Surveyor to
inquire into the Of the nundations OF the row of
buildings known Caroline Terrace row. on street. be-
tween 18th and l4th streets, south side and report
this board accordingly; also whether the pavement
In front Of said Is Of the proper grade etc passed
Mr.. DRowY from the claims committee, reported bill
for the relief Of Frances Jane Jones and James r. Divine
passed.
Mr. Bnowx also presented bill for the relief Of VIII
liam Forsyth which referred to the committee Of
claims
Mr., MOORE presented summary Of the Aims House re-
port for the month Of june 1858 which was ordered TO
be printed
Mr. CLARK moved to take up and consider the general
appropriation bill which ordered
And the bill accordingly taken up and read BY the
CHAR.
During the reading by the chair Mr. TnonAs MrrLsn
moved to strike out of the compcnsations that usually
made to the inspector of fire apparatus lost by aye l.
noes y.
On motion Of Mr. MooRK the appropriations for defray
ing the expenses of the asylum and work house were
increased from S., 900 to 81, 500.
On motion of Mr.. MOORE, appropriation Of 1872 was
made for the support Of pauper unacs for the current
year, and Of $67 " deficiency for their support
during the past year. Also, the of $50 ~ for
the ymcnt OF due for the support of the poor
aged and inrm for the year ending aot Of una is5s
On motion OF Alr RRovN, the appropriation for white.
washing and cleaning the Northern MaIkethouse was
increased from $3.50 10 $3.50.
The appropriation for publishing the laws and advertise
ments Of the corporation Mr. CLARK moved to amend
SO as to include the Eeycning Star His amendment
was discussed and further amended to include each