Evening star. [volume] (Washington, D.C.) 1854-1972, 1859-05-10
caIAisAL couar-7,iai Of Hal.ary E.tt1;,,


"hen our report closed Yesterday the Court was
engaged In emPaneling a jury to sit in this case:
the regular panel had been exhausted and br,
seven Jurors sworn, and the Court had issued an
ofder 70 the Marshal to summon thirty talesmen
whom to select, If possible, the remainder OF
the special panel. y
Alto minutes past O'Clock the thirty talexmen
"efe returned by the Deputy Marshal
for me nrst called was Henry C.. Purdy. Had
j. w. Colley called. Had formed opinions
Jonn Alexander called. Did not answer.
NdfI w burdette called. Did not answer
samuel Wise called. Had formed opinions.
1eofge H. Hall called. Did not answer.
Andrew L. Hoover called Had formed opin-
ions. 'A oPi"
RobertM Sutton called Had formed opinious
raymond b Hall called. Did not answer
honias j. Gait called. Sworn
Jas w Coonbs called. Did not answer
capital punishment Ns''''
Nm Mm. B. Robertson called. Challenged Ia
Ihos. Potter called sworn r.
BENZ Lay called. Had formed opinions.
Francis Mi called. Challenged
Geo s: Gideon called. Had formed opinions.
Thos. III Miles called Challenged :
VIM. III. Baum called Sworn
ions "p'''
John F. Bridget called. Sworn.
VIM. C. Hook called. Had formed opinions
Ephram w heller called CHALLENGED
A. Lewis Newton called. This Juror was ac
cepted, but as it was about the hour for adjourn
n,eht, ne was not sworn, in order that the other
eleven Jurors might return to their homes for the
night. -0' WIZ
The Court cautioned the jurors not to hold con.
versation about the case in the interval and the
court then adjourned.
The jury obtained in this case are ~ follovs-
Joseph Is; Bryan, John Scrivener, Lewis Brooks
James Fulalove, John Smith, Thomas r. Bright,
VEL !s2, h Bil6;k T5 biz r. Bridget, and A.
Lewis Newton. =
and the prisoners were brought into Court and
placed in the dock. #.-r II
Mr.. Newton the twelfth juror, was then sworn
and the Clerk proceeded to read the indictment
The witnesses for the United states were then
called and sworn .H.
At the request of Mr. Radcliffe for defence, the
witnesses were ordered to be removed from Court;
a precaution by the-way that seems to have been
overlooked in the late Sickles trial ..F-
Mr.. Ould, on the part of the Government. opened
the case to the jury, commencing at quarter to
eleven O'Clock. He stated that the jury were
sworn to discharge a most solemn duty that re-
lating to the life of tho prisoners at the bar Sol
emn in two-fold point of view, as ii not only
involved the lives Of the prisoners but related To
the sending into eternity, without warning, of
another party. Hutchins in this case Is charged
as princi pal in the first degree, and Jones as
principal ia the second degree, that of aiding and
abetting him, and consequently in all respects
equally guilty with the principal in the first de-
gree.
On the eth of February last day sacred to the
cause of peace and order by reason of associations
connected with the earlier history Of this country
on that day John Ennis was in the city of George
town, and il seems, was connected With disturb
ance, for which he was brought before a magis
trate, and, on examination, promptly disc harSed
After being discharged, Ennis proceeded down
Bridge street as far as the Farmers and Mechanics
Bank, and then proceeded down Congress street
to w alter street and along Water street weswardly
to Potomac street, near the fish wharf, and then
up Potomac street to the neighborhood Of the mar
kpty w here h. n fpyV anHt
turned to Water street, and then proceeded east
wardly along Water street till he came near High
street.
Before he got that far he had been pursued by
four or five parties who followed and vocferated
and he entered negro house for protection from
whence his assalants endeavorcd TO force him
In attempting 10 extricae himself he encountered
great difficulty. He tried TO scale the hiu fence to
get away, and succeeded; and was proceeding
down w alter street for the purpose OF escaping
when he met Hutchins, with pistol in his hands
Seeing the hostile intention of Hutchings he ex-
claimed . For Gods sake don't SHOOTING. Whip
NE, but don't shootme." Hutchins, the Hercules
that he Is in size after thus being besoug Int by the
deceased, and out of an antecedent malice, shot
three, if not four times shot taking effect I'm
the abdomen of the deceased, and the other shots
discharged with deadly malice after the first shot
had done its work. ...-
Ennis finding his escape impossible, iumped
back into the yard whence he had escaped and
was there arrested. The officers, for what reason
God only knows, thinking ii their duty to arrest
the man who was shot and then dying, and to Let
the murderer go. Ennis was finally taken to his
own home. and languisbed until the next day,
when he died. All this time the man Hutchns
was aided and abetted by Jones, who melted him
to the act and received the pistol from him after
ii had done its murderous work.
MIR. Ould here went on to explain the theory and
law of murder as laid down in the books.
MIR. Radcliffe for defence, agreed with the
prosecution that il was an important case not only
TO the prosecution but to the defence. IL the de-
fence was to coincide with the prosecution the
trial would be an ininateralty. The District
Attorney, from pGTte inflated aud presunptu rus
statements had come into court to charge the de-
PENDANTS with an infamous crime. Had he de-
rived his information from the pure fountains of
truth, his statements would have been very differ
ent from what they had been. This was one of
those cases which derive their origin from party
party now represented unfortunately, by the worst
and most abandoned of the people. The death Of
the deceased was but destiny which ne had
brought upon himself. His character was as afro
cious as the worst and vilcst passions could make
it, and it would form prominent part Of this i'll
vcstiyation. f. 0.. .s.
Mr. X. then proceeded to speak of the principles
which should guide the jury in trying the issue
before them. The crime Of murder was ca plained,
as laid down in lst ussell, pages s2-3, to show
that the District Attorney had been In error i'm his
construction Of II TO the jury in his opening
The crime Of manslanghter was touched upon.
and then MIR TX. proceeded to state the ground of
the defence, which was that of the taking Of life
in selfdefcnce lie then read the law Of scIf-de-
fence, showing what the circumstances must lie
Ia Justify the taking of life, set forth in Whar-
ton on Homicide. After which, Mr.. r. stated
what the defence expected TO prove. II would be-
that party went from this city to interfere in the
election soon To DE held in Georg etown-that they
went there with the purpose of tsking the life Of
Mr.. Hutchins The defence did not intend 10
deny but that Hutchns shot Ennis and they ex
pccted to show for that act the fullest Justification
This company of men who went to Georgetown
who were they! Charles Hurdle was one; he is
well known; TbcO Hurdle was there's jimmy
Brown. Hans Goldng, and Han anderson who is
last but not least, and Jack Ennis. On that day
consecrated to liberty, but not 10 Jack Ennis and
his infamous designs.
The defence would prove that Jack Ennis had
threatened to kill Hutchins, calling him a Odd
long legged s-n Of d b-b, - whom il was no harm
to be hung for killing. The party TO whom this
threat was made told it to Hutchins and warned
him to be on his guard. This was on Thursday
On the next Tuesday, these men before alluded
to met at a hotel in Ninth street In this city and
Golding said that Hutchi0s had charged him with
stoning his house the night before in Georg etown,
and Ennis exclaimed, - Never mind III have il
out OF him" On the night before, the house Of
lutchins had been nearly battered down with
stones, and his wife and child exposed to these
desperadoes and devils. This party got into an
omnibus and proceeded on their way to George
town. 1t was time of great contest In George
town; an election was about TO be held On that
day Hutchins's house stoned, his wife was