Evening star. [volume] (Washington, D.C.) 1854-1972, 1859-04-22

to give himself up at Blacks was immaterisl
Mr. Carlisle. The conversation took place at
came down stairs, and Is exceedingly important
10 show the ate Of the prisoners mind
Mr.. Brsdy. The desire of the defence was SIM
ply To time, but not to defeat the reception Of
testimony or real importance In the case
Mr.. Ould looked upon this evidence TO he very
important, as it related to a point of time on
which no evidence had as vet been given. Tile
prosecution had done all they could tn secn,e Az
attendance of this testimony and were in no I.r;se
in default. The United Stltes Were as anxiops IN
save time as the counsel on the other side NJ Was
snfilclent that case had been presented to the
Court which made II necessary for the prosecution
10 ask this as matter of Justice and not as favor
Another pause ensued, when
Mr. Chiffon desired to make brief suggestion
After this long and laborious trial and the cit.
ton In the hearing of the jury of the rulings of this
Court In previous similar cases, II had been the
purpose Of the defence to propose to the prosecu-
uon 10 submit the case to the jury without ar.u-
Inent- The defence had hoped that this propo-
sIhon would be acceded to by the prosecution
The defence thought if that proposition should
not be accedcd to- and they were to have prayers
by the prosecution, and counter PRAYERS by the de-
fence they preferred to have no discussion on any
prayers until the evidence was all IN unless the
PROSECUTE would first agree to 90 the jury with
or a.yunent. The defence were willing now,
alter the thorough examination which had been
made, To submit the whole case without another
word of argument.
The Court, after reciting the point, decided that
under all the circumstances il would he proper 10
adjourn the Court till tomorrow morning; but as
the Court thought there should be some limit to
this thing 1T did not think any further time than
that proposed by the prosecution should be allowed
for the return OF the attachment and therefore
limited the request to that time, beyond which
the Court did not think it would be proper nor
consistent with the course of justice to grant
Ould. When the case shall be concluded so far
as the Tebuttlng testimony and instructions to be
asked may be concerned, the prosecution will
gladly submit the case to the jury without argu-
ment. The prosecution. however desire that the
Court shall instruct the jury to what the law in
the case is.
Chiffon. The defence would reserve a response
70 that proposition until after the prosecution had
closed their rebutting testimony and asked and
argued their instructions To he required
MI. Brady suggested that the prOsec ut on should
give the defence copy of the instructions they
propose to ask, so that they might he able to ar
que thelr part on the meeting Of the Court to-
morrow morning.
MIR. Carlisle had but an informal draft Of sim
gle instruction, which he had submitted to his
ty or asking it,
Mr.. stanton, offered, on the part Of the defence
tn submit the instructions they proposed to ask To
the Prosec utiOn on the day before they to be
offered. if they could be prepared in time
After some little consultation between Messrs
Carlisle and Brady, it was agreed TO, with the un-
Outstanding that in the morning both the defence
and prosecution were TO be ready to argue the
single instruction in question
MIR. Carlisle. The oiecution desires to ask for
other instruction but the single one which they
hold. embrace all the law of the case That is
unless the defence by praying other instructions to
render 1t necessary for the prosecution also to ask
others TO meet them.
This instruction is as follows:
If the jury believe, from the whole evidence in
this cause, that tic prisoner, the dav named in
the indictment, and in the county Of Washington
aforesaid, killed the said Philip Barton Kew by
dischargng at, against, and into the body of him,
the said Philip Barton Key, pistol or pistols
loaded with gunpOwder aud ball-thereby giving
him mortal wound or wounds-and that such kill
ing was the wilful and Intentional act of the pris-
oner-and was induced by the belief that the said
deceased had sednced his, the prisoners wife and
on some day, or days. for any peri 3D. definite or
indefinite, prior to the day Of such killing had
aduiteroGs intercourse with the said wife;-and
that the prisoner was not provoked to such killing
by any assault or offer of violence then and there
made by the deceased, upon against him. then
such willful and Intentional killing. if found by
the jury upon all the facts and circumstances
given in evidence, is murder
But such killing cannot be found to have been
wllful and Intentional, in the of the nstruc-
on II 1t shall have been proven to the satisfaction
Of the jury, upon the whole evidence aforesaid
that the prisoner was in fact insane at the time Of
such killing.
Special bailiffs were then sworn to take charge
Of the jury, and the Court then adjourned
POLIcE MATTERs.-Beforc Justice Donn-Nil-
liam Folk, boy, was arrested by Officer Haskell
for committing an assault and battery Oh a boy
named Uriah Childress. The parties not being
DESTROYS of prosecuting him. he was required t.
give bail in the sum of $40 to keep the peace
The boy Childress, for profanity aud throwing
stones, was fined Sl.97; and Folk for the same,
S2gi '
Adam Klink was arrested by Officers Parbam
and Ie1tman, for threatening violence towards
George Emmert and wife He gave 800 security
for peace; and for profanity and disorderly con-
duct, fine and costs, SIS o.
James Ward and James Bennett were arrested
Objects Zimmerman nd oh,
With having Oh Sunday last in fit of drunken
ness, committed an assault and battery on Francis
Callahan The wife Of Ward made An assault
with homemade billy Oh the plaintiff They
were held TO bail for Court in $500 ach and for
being drunk and Profane, they were fined s. "a
each
John Brown & Brother. and Edward Hunt.
nonresident millers, were arrested by Officer
ChlpleY, charged with selling corn meal and
other articles by less quantity than a wagon load
without obtaining a license therefor. Fine and
DANGEROUS Notwithstanding serious conse- |
quences result to jokers by mstaking the tracta-
bility of the butts of their jests and such mistake
was made last night. A veteran Hlbernian at |
tached to thecorps of ght- liners is known by his
friends to be dreadfully afraid of Indians with
blankets on" A young whip. for the fun of the |
thing, got buffalo robe. and, wrapping il about
himself stole into dark nook near where the |
whips were convened at the Sixth-street stand |
spinning their yarns. The subject of conversation
suddenly observing the stranger standing by de- |
= IellOa who are you!" The young |
whip played Indian first rate aud by = sudden |
lnotion as if hs intended 10 scalp the inquirer SO
Charley, and his friends, (apparently) |
that they all started for their carriages Charley
being too fat t. make fast time took To the street
and determined to sell his scalp dearly as posi-
Die, sciZing heavy stone, he stood on the defen-
,ive caught his pursuer by tue forelock and. but |
or the Interference of loOkers-On, would inevita-
bly, have made gap in the practical joker's brain
charley says he - don't like Injuns, no how''
BILLIARDs.-The new billiard saloon of Mari &c
Co, in the secOndstory of the extensive building
Oh the northeast corner of Eleventh street and |
Pennsylvania avenue, will vie with any other in |
The Unite states In the completeness If all its ap-
POI ntment and the comfort and convenience il az
lords to its already numerous patrons It contains
four of Phelans tables manufactured in his best |
style, with all his late improvements The pro- |
prictors are very attentive and agreeable striving
tn give entire satisfaction To all who patroniZe |
them The establishment is doubtless destined to |
do heavy business from the start.
WOLF VERSUS FOx.-Yestcrday, J.w Fox went |
to the office Of Justice Dom, and complained that
Samuel Wolf had assaulted and beaten him, at a |
on C. street (Gerhardt's) II was very |