Evening star. [volume] (Washington, D.C.) 1854-1972, 1859-06-29

LOCAL NEWS.
CRIMINAL CouRr -Trial Of Hiirsary Hrtehias
and Jo6H Jossa for th. Murder Of John Ennis -
During Yesterday progress was made beyond
completing the jury to sit In the case, which was
effected about 4 o'clock p m, whefeupon the
court adjourned The jury, completed, is as
follows: Daniel Smith, Alexander Lee, Caleb
john Ball, lgnatius w. Atchisoa, John j Joyce,
Nicholas e.. McKnew, Bernard Hayes, Hanson
Brown, aud Christopher Cammack, Jr.
To dly, the Court having met, the prisoners
sent for from the Jail and placed in the dock,
and the trial commenced. -
The witnesses for the United states were first
called and sworn and the District Attorney pro-
reeded 20 open the He described TO the jury
thu principal incidents attending the murder OF
Ennis rs expected to be given in evidence before
them. occupying but brief space
He was followed. on the part Of the defence, by
Mr. Norris, who commenced by charac terlztng
the opening of the District ttorney vindictive,
and requesting the jury to make due allowance for
his inhamed remarks and unauthorized invectives
which he cCntrnded Were entirely ont Of place.
He then proceeded to state what the defence would
b.. viz. that Of usIihcatiOn.
STATES
fjraaon Htry,r, who testified as previously TO
the shooting of Ennis by Hutehins; his evidence
disclosing nothing beyond what he gave at the
other Trial
JOHN r. .iJdrgs. formerly clerk In Stribling's
store, Water street. testified next; his evidence
hing tue same rs that given at the previous trial
His testimony was followed by that of Mr.. Han
HiB1l IffiSOH, who also testified ut the former
trial. Mr.. Addison was OH the stand when our
report Closed
THE VERY LAST CAsE-TO the Editor OF III.
STAR read in the Star of last evening your report
of the case of Thomas C. Kirkley, tried for an
assault and battery with intent To kill, and who
was let eff by a tender hearted Jury with a con-
viction for simple assault and battery Astonish-
ing - their verdict may be, they are beyond
hnMan tribunal, and amenable TO God alone,
however mnch il is to be regretted that they
should have come to the conclusion that the man
who knowingly placed the poor negro boy in a
position that must after hours of intense torture.
Inevitably result in his death, unless relieved
not guilty Of the = intent to kill" For the mit
gated offence, the Court sentenced him to be i'm
pTisbned six months and to pay fine of $40. The
punishment bears no proportion To the enormity Of
the offence-an offence characterized by refine
nent Of cruelty such as is seldom recorded in the
annals Of crime, and it is deeply to lie regretted
that the Judge either not permitted by law,
or did not deem il his duty 10 inHict upon the
onSGdcr severe sentence.
But he is not yet beyond the reach Of the law,
and in the name of justice and humanity appeal
TO tue public functioDary whose duty it is to pro-
ss,nte for offences that he may still be brought to
trial for sRbOrRGfi6A Of PERJURY Not content with
thus out aging the laws of God and man, he must
needs. by threats and the exercise of the power
which the master possesses over the apprentice.
compel his apprentice TO commit perjury to screen
himself At common law subOrnation of perjury
\ H.
ing To Perjury-(tiawk, p. c., b. !, so, C. 1O.)
And this subOrnation of perjury may be proven by
one witness-(5 Metcalfs Rep, 2ii.
The atrocity Of the first offence, the snPeradded
crime Of subornation Of perjury, and all the
rOundings Of the case. call for 4 prompt and in
flexible assertion OF the law. lie should be prose-
cuted for the subOrnatiOn-he should lie prosecut-
ell as cruel and improper master TO his white ap-
prentice. III. l.. 8.
WASHINGTON, June 25, 1859
We publish this communication to enable us to
say that while it is very probable that the jury had
testimony before them satisfying them that It was
not the design of Kirkley to kill the negro boy IL
will take much to induce the community to believe
that he not reckless Of the boys life and that
the punishment which the law permitted Judge
Crawford 20 intlict not wholly Inadequate 10
the character of his crime Our report Of the pro-
cFrdiugs in tine case makes il very clear that
Judge Crawford did his whole duty In the prem
ises- If any one questions that fact. advise him
L. look at the law providing punishment for the
Ct-nce-dSSault and battery-in this District, of
which kirkley was convicted. IL the District
Attorney has testimony at command sufficient To
make Il probable that he can convict kirkley of
saborHatiOn Of perjury. Of he will institute
such prosecution against him.
TIE CONCERT At AssEMBLY's CHURCH, last
night. we'll attended, and passed OF very
much to the enjoyment, we believe, of those pres
ent The entertainment was under the conduct of
Mr. j. VI. Daniel, and Mr.. e. Adams presided at
the piano forte Among the performers were some
of tue best singers In Washington, who gave full
elect - the CAREFUL arranged programme.
AaODg the bestexecuted pieces OF the evening
Were the quartette, Come where my love lies
dreaming. sung by Mrs. Dubah;, Miss GOodridge.
"Ed Messrs. HodgsOn and Dawson; the beautiful
Eitr duett of De Blangini's Vanne al mic bene, y
Hute parts by Messrs. ] l.. Club and T. H Alex
aEder, - The Maniac sung by MIR. w f.. Nor
gan; and - The lonely bird" sung by Misses
Lizzie and Tacy Daniel. A number Of fine chO-
FUSES Were also well performed; and the close
Of the performance Rev. MIR. CarOtners and Rev.
AWrafff III
fOriners for their kind assistance, and expressed
hops that the concert might be repeated. 1t is
dtrstOOd that the concert will be repeated next
"Wednesday: 9th P7oximo, at the same place.
A WASHINGTON CI1r MA1rER.-Me.srs. |.
Carusi. y. snyder, +. Walk. and r w Polkin-
horn. Of this city, recently addressed communi-
cation TO the Secretary Of the Interior complaining
that the Corporation Of Washington had author,
lied the use of the eastern portion of the lots
hardening on the Canal, between Tenth and
Twelfth streets, by private individuals, without
warrant in the grant OF the United States of said
lots tO the Washington Canal Company. throug h
whom the Corporation said to derive their
rights in the premises. The matter having been
referred tn the Commissioner Of the Public Build
ings. that gentleman reported that the present use
OF the property a misuse, YVES a similar
occupancy of point ON the Canal near the Centre
Market. The only right which the city has in
th!s property the Commissioner reports To I've the
right to charge the ordinary wharfage for what
ever property may be landed there. No action
las Vet been had On the report.
Tag Lew Court Of Washington county met a.
the City Hall on Monday, Mr.. Riggs in the chair
DIR Palmer was qualified a member Of the court
bytakng the usual oath Of oticf Messrs Loug h.
borough Pierce. and Nalor were appointed To
examine the franchise Of the Upper road ffon
'IroSgrtown, and report what steps are needed to
make u county road. (GeOrs etOwn offers To paw
Ons-lalf the expense u this road The surveyor
was requested 10 survey a new rad through the
lands II Bell and Schumacher from the Pin.y
Branch road, near its intersection with the Wash
iagtOH turnpike, 10 Morrison lane, and report
cost. Mr.. Pug addressed tine court in favor Of
road from the Asylum for the Deaf and Dumb to
boundary street. Mr.. r. X Frisley WAS appointed
supervisor Of the road from Third boundary Ia
Brnning's Bridge. The court passed numerous
orders for the payment OF bills, and then adjourned.
REAL EsTATE--Y esterday, A. Green, auction
rrr. sold the following described valuable pro-