Evening star. [volume] (Washington, D.C.) 1854-1972, 1859-05-14

| immediately thereafter came in contact with the
sdlo Ennis, and thereupon inflicted the mortal
wound Charged In the Indictment, under a reason
able apprehension of being killed or of receiving
| some grlevous bodily harm, then he ought to be
acquitted.
| >. If the jury believe that the deceased Jobn
Ennis entertained hostile feelings towards the de-
PENDANT HILLARY Hutchins, and declared that he
intended to kill him the first time he might meet
him, and said declaration was communicated to
| the said defendant and that the said Ennis and
IIutchins afterwards met together, at or near
Water street In Georgetown, the Sth day Of
February, 1850, as charged in the indictment and
| the decreased before being addressed by the said
defendant presented himself before him In a me-
nacinS attitude, using words to the following
effect. namely: -" Here ain, - or - Here am hut
don't shoot me, " and at the same time was FEELING
his person apparently in search or some weapon
and the said defendant thereupon discharged the
| shot that caused the death Of the deceased as
charged In The indictment, under a reasonable ap-
PreEenGon that the deceased would Immediately
carry into execution his threats aforesaid and EiH
nlm or do him some grievous bodily HARM then
the shooting OF the deceased was iustitable and
the sad defendant ought TO be acquitted
D., III the jury believe that the house OF the de-
re aaht' Hillary Hutchins, had been stoned on the
hlSh' previous To the day on which the deceased
was shot, and also on that day. and that the wife
oil the said defendant had been struck and Injured
ny such stoning on that day and immediately be-
lore the shooting of the deceased and that The de-
ceased or Others acting i'm concert with him threw
the stones or any of them. or that the said de-
IeIdant had reasonable grounds to believe that he
1 Sd n
sequence of the said stoninv and assault uDop his
wife the said defendant became violently excited
upon Information that the deceased was in his
Immediate neighbOrhOOd, so as to be no Longer
| master of his understanding and i'm this state of
mind and feeling rushed out Of his house trans
ported with passion, pursued and afterwards met
.he deceased before the tumult of his passions
had subsidized or reason had assumed its SWAY and
/ inflicted the wound which occasioned the death
q the deceased, rs charged in the indictment he.
| as not guilty OF murder, but granddaughter ONLY
fhn Iurx- Shpr.lA Hi.
1endant, Hllieary Hutchins, Inflicted the mortal
| wound upon the deceased, John Ennis CHARGED in
the indictment, yet If they should entertain any
| doubt whether the act constitutes the crime Of
| murder or manslaughter, they ought TO render n
| verdict for manslaughter Only
| D III the jury entertain 4 reasonable doubt
| whether tue death of the deceased, John Ennis
was OccasiOned by the wound CHARGED in the in,
| dictnent to have been inflicted by him upon the
| q deceased, they ought to render a verdict of aC-
| quittdl.
| The following instruction was praved nv M,
| Radcliffe. for defence: - "
| In order to convict John Jones, one Of the de-
Pendants in this indictment, of any offence II Ia
| necessary that the jury should believe from the
| evidence that he participated in and ENCOURAGED
the homicide of John Ennis and it not fent
that he, the said Jones, was engaged in pursuing
and throwing stones at him, the said Ennis ON the
day and At tine time Of the said homicide
MIR. Ould then submitted the following in,truc.
TONS and by agreement of counsel on both sides
| men::
l. If the jury believe from the evidence that the
deceased John Ennis was killed by the prisoner
hiileary Hutchins, by means of deadly weapon
such killing Implies malice in law, and is murder
| , That the burthen Of rebutting the presume
ton Of malice, by showing circumstances of allie
Walton, excuse, or JUST catiOn rests Oh the pris
oner liutchlnS, and II i'll incumbent on him 10
make out such circumstances to the satisfaction Of
The jury unless they arise out Of the evidence pro-
duced against him
ID If the jury believe from the evidence that
abettlng Hillary Hutchins in committing the ,nur.
der charged in the indictment then tine slid JoIIn
Jones Is guilty II murder, even although tue Jury
should further believe that said Jones id moi n r.
| the fatal shot at, commit any other actual yio
| lence upon the person of the deceased John Ennis
| 4th II the Jury believed from the evidence that
| the prisoner Hillary Iutchins, had either a we'll
| grounded, or i'll grounded belief that John Ennis
on the day anterior to, and in the day of the shoot
ing OF sad Ennis, and previous to the said Hutch
| Ihs lea'InS MS mouse, had thrown stones at and
| against said house of said Hutchns and that in
| huenced by such belief, the said Hntc ms pro-
| ceeded after said Ennis and took his life. sIcb
belief does not Justify such killing mr. ,ed,ca -
| from murder to manslaughter
| The Court. after considering the instructions
| granted the first three presented by the prosecr.
| ton, without qualification. The fourth va, au-
| swered as follows:
The answer to this PRAYER will del end upon I!
| violence with which the stones were thrown, both
| the night before, as connected with the stonng on
Tuesday, the day Of the homicide. and the injury
done either to the house or wife of the prisoner ,
iiutchlns, and tine passion thereby excited. An
Attack on mans dwelling house is equivalent in
law To an attack on his person. which he NAV de-
fFnd IT. then. Hillary HutchiDs had reason to
| believe that John Ennis stoned his house If his
property was destroyed thereby. and his wife in
Jurvd, ana II under the Influence of Il transport Of
passion consequent, which controlled his conduct,
| thereby he very immediately thereaftcr
| met and shot the decreased, the crime would be
| manslaughtcr; hut If his passion had cooled and
| durcd -
| The FIRST instruction prayed by the defendants
| counsel was answered follows
- III the circumstances wer. such rs to create i'm
Inc inlnu OF reasonable man an apprehension that
he was about To be Killed grieyously injured by
| the deceased he lad the right to take tue life OF
the deceased io save his own and Of this reason
able apprehension you (the iury) are the Judges
| The answer To the second Instruction was the
| same IS the answer to the first. above quoted
| The answer TO the third instruction Of the de-
! fence Is rs follows:
In order to reduce n 10 nicide to manslaug hter
there must be both PrOvocatiOn and passion and
the provOcatiOn must be such Is would i'm ordinary
| minds raise tempest Of passion that would for
the time control the conduct From this il follows
| that, although HILLARY Hutchins had reason TO
believe that the deceased and his confederates had
stoned his house and struck his wife. the mere in
formation that the deceased in his neig hbor-
| hood would not amount TO such provocation,
unless yOn find from the evidence that some Of the
| stones thrown struck the house, wife, or both,
| of iillelTy IIutchins shortly-almost immediately
before he met and killed the deceased.
| The fourth, fifth and sixth instructions PRAYED
| by the defence were granted
! The case was then given 10 the jury at 20 min
utrs before u O'clock and they retired in charge
| Of bailiifs to consider upon verdict.
| CENTRE MARSET.-This morH:ag, the market
was very largely attended by dealers and pur-
chasers, and there WAS an evident improvement
| throughout. The supply was more abundant than
for several DAYS past and the appearance Of early
vegetables increased the variety upon the benches
| The high prices of several articles will not be
| wondered AT when IL is remembered that they are
the very first of the Season and brought from dis
| taut farms The lower sheds occupied. and
there too, the sales appeared to be brisk shower
| ai,out nine O'Clock had the effect To drive pur-
| chascrs into the sheds. and for a time the gang
ways We're much crowded, but generally the mar
| ket regulations were strictly observed and good
| order prevailed. The prices were. for
| Beef. fresh, e. ID. l2aIo, Roll butter 25G30
Salt do.......... SdIO Phil'a print. 40
Pork ............ l0d ~ Cheese .......... 4G 10
Mutton .-.--.--. l0d " Apples........... 5Od75
| Lamb, qr.....-15d Al 50 Dried do, pix. IS
Vcal............. log Is Peaches, qt...... 1920
Sausage, T. b.. II Eggs, y doz.... 16d Il
| Lard ............ II Onions bunch. 3
| Beef tongues. 50d IS Cabbage. u head. sac