The daily press. (Cincinnati [Ohio) 1859-1859, 1859-03-18
LAW REPORT.
COMMON PLEAS.

BECRLEY's TRIAL FOR MURDER-foURTH
DAY.-Upon the jury taking their places, in
the criminal branch of this Court, yesterday,
(Judgo Carter presding,) the first witness
called by the State was W. G.. Thompson. An
attachment had been already issued for this
witness, and n return was made by the Sheriff
of "not found"
After short interval, during which the
Court remained without any business before it,
Judge Carter proceeded to say that he regretted
the having to express his belief that witnesses
had been tampered with in this case. There
was no absolute proof of this, so MS to convict,
otherwise his action would be different The
Court, however, would see that the law was
fulfilled, and that the ends of justice were not
defeated. lie would discharge the jury until
the afternoon, and then determine what course
he should pursue.
recess was accordingly taken until half
past two o'clock.
At the reassembling of the Court, the wit
ness (Thompson) did not appear.
The State then called j. W. Smith, who tes-
tilted that he had many times seen tho girl
| Hattie Myers and the deceased in company to-
| gethcr. Witness knew that Hattie had left tho
| city.
The defense were here called upon to pro-
ceed.
Judge Spooner-Do we understand that the
| State has closed?
OOuTJ-ll InO DJuJS CdH bIlHB III JSoblluOhJ
afterward, we will admit it.
Judge Spooner-We can not properly present
our evidence unless we know first the testimony
on the part of the State. Why should the usual
course be departed from in this case?
Court-Because there has been something
unusual in the appearance of the case.
Judge Spooner-I know Of nothing unusual
that has transpired, unless 80 far as l have
learned it from the lips of your Honor.
| Goinoa gat1 ha UNA no fuIly aatia6ad n
he could be, of any ything which he did not actu-
ally sec, that the State was in some way pre-
vented from having witnesses, and he should
ask the Court now to continue the case until
next Monday, that the State might have ar
opportunity to get the witnesses. From init
nations he had, he believed one or two of them
could be reached. He should make this appli-
cation for continuance only in case the State
should be required to close before the defens'
opened.
Judge Spooner suggested that it was enough
to announce the absence of witnesses, without
the effect of their testimony, or coupling tn
statements with imputations to prejudice tn
case. If one of the defendants witnesses wa
absent from the city, could he hope for con
tinuance from day to day to reach that witness
Tho fact was, there was but one witness absen
who was subpenaed when the trial commenced
and if the case was continued from day to day
to fish out witnesses, who could tell the result
or what influence might be brought to bea
A against this prisoner--for to return the impu
tations which had come from the other side, h
should state that money had been freely give
by the Italians lowering around this Court
house, for the purpose Of running down wit
O nesses. As to the evidence of Thompson, the
would admit all he had testified to on the pre-
e vious examinations.
The Court in reply said that if it did al
n pear there had been any tampering wit
the witnesses for defense, they would,
: courae, lin that event, as promptly postpone tt
l. case as when the tampering was on the 9TH
It side. 1t did not make any difference that Il
:, witnesses were not subpenaed, for there was al
" parently q very good cause why they were no
i If the witnesses against whom the process
d Court was issued should appear, they can
At called by the State. Tho defense should pr
ceed.
The prisoners counsel took an exception
y and then proceeded with their evidence-tl
le first witness being W. L. Hudson, who testifi'
co that u large number of pistols like that pr
duced on this trial were manufactured.
y Chas. Lyons testified that he was in compnI
with Beckley and the italian, on the mig
the latter came to his death; that Beckley W
nr drunk, but that the italian, though havil
!. taken some liquor, did not show any intoXic
1t ton. The italian said he would see Beckl
n home, and witness then shook hands wi
IN both of them, and went home-it being twel
ID o'clock when he got in. Beckley had not
= pistol that night, so far as he saw.
~ The next witness called was in company wi
Beckley earlier that night.
ed The evidence will progress to-day.