Evening star. [volume] (Washington, D.C.) 1854-1972, 1858-04-13

report closed, the District Attorney, in opening
The case, charged the jury with the grave cause |
thew were about TO try. He dwelt upon the crime:
tnat the prisoner at the bar bad pre- viousy enter
tained an old grudge against the deceased He
sPoks OF the relation of the law TO the case and
toiu tue jury That the Government would expect
an impartial vindioation of the law
MI MOTIFS, In reply, stated at some length
Wha' the defence expected to prove that Powers
was not the man who fred the shot. which killed
Lutts, but some one else who was present on the
committed
The District Attorney called for the prosecu-
tion-
John Adamson, sworn-Knows Jas. Powers:
was with him at McColgan's house on the 9TH of
Dec last; went there with Messrs. McAl,e.e,
Gormley and Powers, 1.-THE prisoner.) IL was
between 10 and n O'Clock; at the house Nc AleeSe
smith, Gormley, Wiley, Powers and witness
Were present. had been there fifteen minutes when
Lutts came In; when he came in witness WAS
oonveTsing with MessTs. w iiev and smith; while
talking To them, heard the door creak and in
siantiy went towards Lutts, entered into CONVEX
sation with him, and had his back AGAINST the
counter; was shaking hands with Lutts. and at
that moment saw the fash hea d the click and
inc nIst disc barge of pistol turned round and
saw The pistol in prisoners hand; saw the two
subsequent shots hred, and to the hes; of wit
ness belief the prisoner fired them; witness
SAID 'stnP shooting;" didn't speak any ones
Name, but simply said stop shoOting;" witness
then went behind the bar and saw several per-
sons concealed there; heard the proprietor Nc
COlgan, say, - Don't, MCAIeese;5 saw Nc AIeese
with pistol in his hand, and and caught
him, saying, Z" Don't shoot;'' has bad some CON
veTsation with the prisoner the Jail in relation
to the matter; Prisoner had said in the isiI that
~ witness swore at the trial what he was going
TO, he would swear to lie; this was not said TO
witness but to other persons; heard three reports
of pistol. f
Cr0SS-srGmtHtd. HID been in McColgan,s
house several times before; don't think the loon,
- more than rs by l. feet i'm size. 4, counter nm,
almost the whole length of the room and is about
-FOUR frrt hl2h don't think fouT fee; is high tor a
. ,',s W hen Lutts came in witness
standing near the midd. of the room; witnes.
thFn left those with whom hs was TAI king and
advanced towards him (l.utts) and shook hand.
win MN; witness backed up against the counter
anu 'hen Powers was 10 front of witness and
l.utt>, and Lutts WAS ut the right Of witness:
Powers was about five feet from witness at thai
time; smith, Wiley, MCAleese and GormIcy
were standing with Powers at this time; witness
was not so dunk at the time but that he was in
possession OF all his faculties; witness had been
drinking considerably during the day and that
evening.
Daniel Smith, sworn.-Was present on the oc
oasion referred to; went to McColgan's with MT
Wiley; went IN, and found number Of persons
P,eseni; shortly, some one proposed to take
drink all drank; Wiley, witness and Adam,on
retired beyond the centre OF the bar, toward, the
back room; while standing there witness heard
the froni door creak, and then Adamson left wit
ness ana Wiley standing together; witness did
not observe who entered; just then ,witnes, hea ID
what he supposed TO be the * plosion of a cap on
aPistcli wheeled round and seized the barrel of
the pistol; II was in the prisoners hand IL expln
ded while witness had held of it, Powers a rcd IL.
on feeling the heat Of the barrel witness released
his hold on the pistol; immediately turned from
ihe prisoner, and simultaneously with the turn
ing there was another shot; this shot came so
quick that witness thOue bit it came from ont of
doors; heard three reports altOgether-the rerort
oil dcaP and two distinct shots; witness then w. mt
up STAIRS when witness heard the cap explode
ne seized the pistol and cried out, stop ~ saw
foweTs next In the jail.
Cyoss-e<amiHed - After the firing witness
went al once up stairs saw nothing else which
transpirsd; all this time witness was about six
feet from the back door and about four feet from
the end of the counter; at this time witness
thouS OF all those present appeared TO fee; wit
ness did 50; tonversed with Adamson that Mo MT.
ne had been drinking, but Was not drunk; Wit
ness had been drinking that evening but was
not drunk. while in the room heard no ono sy
claim that he shot; did not know that InttS
was shot till McColgan came up stairs and in
formed him: there was pistol behind McCoI-
2dn's bar, hanging under a shelf witness saw no
other pistol the pistol which Powers had was a
revolving one.
John F. Garter, sworn.-Is police officer; was
not present at the shooting; was on the Avenue
when orhcer HorDer came and said there had
been shooting match at McColuan's NpYt
morning witness took the six O'Clock train and
proceeded IN search of Powers whom be found AZ
Blddensburgj fouSd him in the hind car of the
Haln; ne must have got on at Bladensbury; when
arrested, he said ''yOu have got me -
W. Homer, (wdtchmdn. J sworn-Witness and
T. and
a-haif streets heard firing; people running:
some one said VI was at McColgan's; went over
tECr'i saw Arch MCAleese and Others poiny down
tne Avenue; started To 20 after McAlees. and
met Lutt- coming out of the alley; J,utt, said
Il IN shot, he had no hat witness caupbt
hold Of him, Lutts asked to i,e la ken To Dncfnr,
lock him to The lnfInlary; the Doctor took his
clothes OF aud looked At him. and said he wa.
dead man; saw him that night, previous to the
shooting, at Browns Hotel; at the lntirmary wit
ness af'eTward saw blp deed
Cross JGUbHtd When witness hrst s,u
Lutts he was between the side door Of the bouse
ana the Avenue; the side door Is about fifteen
ieet from The Avenue saW one else in the A 10y
JohH LHt'N, sworn is d hdlf brother of the
Deceased he came TO W d>hinyton To obtain en-
rloYment; witness saw him one hour and half
aiter he he'd been shot; witness took his bcdy
hcme to Baltimore.
Dr.. b. j. H. lien, sworn.-Saw Lutts when he
was brought 10 he Inirmarv. about n x o. CLOCK
by Mr.. Homer; witness ex. mined ana found h..
was SHOT IN the ght side of the abdomen about
MIDWAY between the navel and the prominent
part of the hiPi he was suffering verv much and
witness asked him but fex questions; told him
the wound was fatal; ne lived till the following
evening at = o'clock; the jute.tines wsts cut
and h. III, d from internal hemorrhay,: there w,s
Ne post nOTt.m made in the case
CrcSS-tLd11'H'd.-It would be i'm possible TO saw
what course ibe ball took; did not probe the
wound al all; there was but one wound on the
decreased
Henry Breeders, sworn.-Knew the deceased:
knows the prisoner by sight; he had a difficulty
'.'A Asoels t"o SedlS ~ was on d steamboat
EXCURSION IN the melee Powers drew a pisto;
ana Lutls wreHChed II from his hand and drew
knife and cut Powers with il slightly; Powers
was cut in that melee between the lbs: Pcv.r,
AT that time said, - Ill kill the son Of a BIB IL
u Is twenty years hence
CTOSs-sJdDIiHsd- On the occasion alluded to
witness did not see the pistol in Powersis hand
bat In the struggle the pistol dropped 20 the deck
of The boat; heard afterwa d, mai the cut confined
ROVER. 10 his bid several weeks. This waS the
I'D Of July, 1856
jams Carr, wOrn.-Was on the excuT<joa
spoken OF by the previous witness; on the steam
Doat the Two commenced To growl at each other.
When Powers caught violin bow from the hand
OF Luis, ana broke IL; Lutts demonstrated, and
rowers drew pistol; they had a scufis and
Powers fell with the pistol under him; Lutts cut
a. fowefs, and then said if they would take the
pistol rom nim he wonld stop cutting him; this
was dore, and I.utts left the boat
J"EisS We 'tc>H, sworn-Knows Jas Powers
hho kA-w the deceased too; has heard Powers
lay re would have satisfaction out OF Lutts for
tie cut he gave him
Dr. HELEN, recalled -When witness examined
the deceased I.utts at the Inirmsry he told him
tnat MS wound Was mortal saw Esquire Dom