Evening star. [volume] (Washington, D.C.) 1854-1972, 1859-03-23

CRIMINAL CouRr-The case Of the United
states agt. Tyler Southall, George Kelly, James
Graham, Thos. Kelly, r. Talbert, Charles Dew
back, and VIM. Hines, charging the defendants
with Hot, which was pending when our report
closed yesterday, was given TO the jury at *
o'clock, p. m, but they had not returned a yer
dict up to the time Of adjournment =
Constantine Edwards was placed on trial on a
charge of assault in two cases The counsel for
defence submitted the case to the Court. and he
was sentenced to four months in Jail in each case
To-day, on the meeting of the court the Jury I'm
the case Of George Kelly and Others charged with
riot returned verdict finding George Kelly
guilty Of exciting riot, and all the others not
guilty.
The court then took up the case of Daniel Stew
art, wherein the defendant was charged with an
sssas ana battery on Lewis Hohng "a county
MIR. Hohing testified that 'on thirteen DAYS of Fe-
brtlary he leave his board house at afternoons
and take an idea to go to the Park to see a gentle
men didn't see him. and so he AXE an idea 10 70
In the bar and get glass of beer; did so several
gentlemens was there; bime-by Dan Stuart cum
in init some fellcrs, and had dead coon In their
arms, fixed up so ash anybody what don t know
coon thinks he is alive; didou want to talk TO
Dan Stiarts, but finally talked about arresting
witness told Dan he knew his father and he was
an industrious man and finally Dan Stuarts said
10 COON NIT him, he wants to speak some words
mt witness went, and presently Dan talks nit
his coat of, and NAKED witness down i'm the eve,
and naked IL out; he then danced NIT his shoes
u.
anything any more; bime-by witness looked up,
and didn't see anybody there any more: ard finally
witness tried to go of, but was afraid of Dan
Stuarts would hit him some more finally witness
found Pete Gormley. who takes witness home:
witness s eye don't got well vet.
Cross-examined.-Didn't drink but once whisky
and twice lager; had no troubles init Doudy. the
italian; don't had any reasons to whip him; didn't
speak to him at oil; saw him talking nit Dan stu
art at the window; after that Dan Stuart coomed
up to witness; didn't tell Stuart he knew him and
hat he had TYaf
fighting man; told Dan Stuarts wouldn I arrest
him because his father was an honest, 'dustrous
gentemans; didn't ask Dan tn 90 out nit to settle
W was afraid from him; is afraid init him now;
ne klckt witnesses eyes out; nc hold witness on
the coat, and witness didn't tink about fight, So
witness COED nit him; witness don't hit Dan at
ALL ne don give witness no chance; he is smarter
so as witness been"
Mr.. Rupert testified that he was present ON the
occasion; while there Dan Stewart, his brother ST.
mons and others came In and got into converse
ton with Hohing; finally witness saw them go
out, side by side, and witness went out, and saw
Hohing down, and Stewart kicking him, and he
CiOhlng) crying out murder; witness tried to get
Simons to 90 and stop Stewart and then went In,
and soon afterwards went off; witness did not
hear what conversation passed between Stewart and
Hohing.
Cross-examined Witness was about as far from
the parties during the fig ht lis across Louisiana
avenue; 1t was between and O'Clock y. m; all
witness heard of the conversation between Stewart
and Hohing was a few words about making
money; witness saw the coon, and the way it was
held II looked like II was alive; Dan Stewart sold
the coon To one of witnesses friends for a dollar
and afterwards gave him the dollar back.
Dr Duhamel testified that the day after the fight
he dressed Hohing's wounds, which Were very
ugly ones. theTye being entirely closed from the
Commissions and bad wound on the scalp
For the defence James Thomas, WnI. Moore.
John SlmOns, b. Trunnell and J. b Dalty Were
called. only two of whom answered.
MI. SmOns testified that he saw the difficulty;
heard conversation between Hohing and Stewart,
and Hohing said something about thirty dollars
Stewart replied that his father honest Ho-
hing or any other man; HOhing then said to Stew
art, do YOU think you are better man than p,
to which Stewart replied, ''No.'' Mr.. Hanes and
| do not want to have anything to do with you or
any one; Hohng then said, mo, because you
have just got out Of Jail" They then went out
together, and directly after the fight ensued; wit
ness remembers to have heard Hohng ask Stewart
II he didn't know that he, HOhing, was scounty
pOlice.n
James Thomas corroborated Mr. Sinons, evil
dence Heard Hohing call Stewards father, (who
is dead,) "a id old thief Stewart replied If
l hadn't just got out of Jail, | would strike youn
The case was then given to the jury without ar
gument.
The jury in the case Of Daniel Stewart returned
verdict of not guilty.
Samuel Wolf was placed on trial for assault and
battery on John Johnson. The evidence for the
prosecution went to show that johnson and Il
friend went into defendants restaurant and got
some drinks, about the payment for which some
d1fhculty arose. when defendant sprang over the
counter and struck johnson several violent blows
with billy This case was pending when our
report closed.
LUXURIOUS RAILROAD Travelling SeveraI
ladies' and gentlemen of this city, by invitation
t 'ck trip to Baltimore yesterday in sleeping-car
just finished at the Mt. Clare works, Baltimore.
under the direction of Henry Tyson, Esq =, for use
on the Baltimore and Ohio railroad. Somewhat
similar cars have been put in use Oh other roads
but this seems To combine more conveniences i'm
the same space than any other yet tried Thus in
each ear forty-eight persons can he provided with
luxurious Sleeping accommodations during the
night, and III the morning. presto change. the
contributions slide to the ceiling the bedding
subsidies nysteriously into tie of the seats
and we have car of handsome but ordinary
everyday look. The car has two compartments
one for ladies and the other for gentlemen and the
oeTths In each compartment Can be separated by
curtains.
Welearn that the present car has been constructed
at cost of 81 800 and others Of the same descrip
ton arc to be made for use on the Baltimore and
OHIO road and on the Baltimore and Philadelphia
TOad.
The projectors have shown their usual enterprise
ami fdr-slg htedness in seeking by all possible
means TO make their road (the Baltimore and
Ohlo hallroad) the most convenient. as il is al
ready the shortest and cheapest mode Of Commu-
ncation between the sea-bu3rd and the Great
West. We need hardly dwell upon the advan-
tdgeS To business men of facilities by which they
may be enabled to Use the business hours of each
day, and travel by night with unbroken rest.
The LEGAL COURSE IN THE SrcKLEs CASH
The District Attorney will, most unquestionaby
after indictments found, prove the killing Of Mr.
key by Mr.. SicklcS, and then rest his case This
~ all lac has TO do in the first instance The de-
fence, II any. must he on the ground Of justifa-
bic homicide. IL is very doubtful, however,
whether any evidence of this character can be ad-
hiued; but If IT l., II must open all the circun-
stances attending the Illicit connex ion and sub
Ject the witnesses TO rigid Cross-eAanination IL
Ill then be the of the prosecution to enter
also into the private character of the the defendant
To overthrow the plea Of Justification should the
tflal take the latter form, 1t will be a long com
Piicated and not edifying aHair.-N. Y. Erening
Post
We apprehend that in law killing implies NAL
ice and unless facts shown during trial TO dis
prove this implied malice, of course the murder is
established. This opposite proof may come either
from the Government witnesses, from the de-
fence; and Of course, the Government has To con-
fine its rebutting evidence Ia whatever may be
shown by evidence IN chef ON the part of the de-
fence tending TO establish justinable homicide.
FAST BoIs-The practice of racing horses at
tached 10 vehicles along the streets and avenues
has long been a subject Of mplaint; and many
ba.ya tbsa