Evening star. [volume] (Washington, D.C.) 1854-1972, 1860-06-16
. EXAMINATION OF BERNARD DossKLLY-

m
Charles W Uttermehle, Esq =, appeared for the
United States, and Daniel Radcliffe, Esq, for the
defendant -
The first witness called to the stand was GsOvy,
-. Gideon, Esq. who testified that on Wednesday
night last he was at Mr.. Berry's house In street.
between Ninth and Tenth, on the occasion of a
serenade. Witness had been insi de the house and
or ten persons. The parties who left the house
with witness the last to leave the house
When witness first came out, noticed DonneIly
and two other watchmen there to whom witness
spoke DOnnelly said there must be order kept,
and witness spoke saying that we would do no
thlng to disturb the peace, and requested them
not to say anything 70 disturb us We walked
along upto the corner of Ninth and f streets, and
We're followed by the three watchmen, and when
we goa TO the corner Donnelly spoke TO some one
IN The crowd, saving that he wanted him to tell
him has name. He said that he had saved the
mans life few nights previously and desired
20 get his name, as he wanted him a witness.
witness said that he would find out the mans
name tonight and communicate il 70 DonnelIy
tomorrow Just then Stewart got TO the corner
and said to the man (whose name witness soon
ssceTtained was Smith, Come along, he don't
want your name" Donnelly replied To Stewart
saying 'Yea'fe a white-livered coward 4" Wit
ness then went instantly up to Stewart and took
MIN by both arms. saying to him. ''COme, Stew
art, let's go home" Witness demonstrated with
Donnelly, promising that there should be no dis
turoance bvt DOnnelly continued saving to
stewart .1en're id louise or you're
you're id thief" Donnelly said .sYou cali
me thief, and Ill take you to the watch-house y
ae then went up to Stewart and struck him with
MS spontoon. Witness had his arm around Stew
art al the time, his left hand grasping stewards
let arm and his right arm grasping Stewards
rig al arn,A and holding both arms down to his
o0dY. witness felt Stewards knees give way,
ava said TO OOnnelly "There now you have done
Snls take him, can't held him. - Stewart went
unto strong commissions, and remained SO about
an nour on the pavement. 1t is due to Donnelly
ffno 10 ae-e 49,.
had done, he evinced considerable contrition and
said he would get a carriage to take him home
he went and got carriage, and when the driver
tsIus9 70 "a MI In because of the blood which
ne said would ruin his carriage, Donnelly said be
would pay all the expense if Il did DonneIly's
manner a Ine corner was enough to rritate any
XVbs ana stewart was as quiet as man need be
Watcn-house, he instantly advanced and seized
stewart oy the collar and struck him
Cross-e1amlned Witness heard no one in the
SIo~u says - mere comes one of GOddard's prev-
backs" Stewart had been drinking and vas
nIue under the influence of what ne had drank.
UuI was quieuy passing along, with no signs of
5n,s assurance When he was knocked
uoHh ne went Into violent commissions and
hemPIer (watchman) had hold of his arm. but
.~Ithess saw no one attempt to take his spontoon
LODI, und s niS arm Stewart didn't put his
odnds behind him when DonneIIv annroacbed
ana struck him de could not do II for yvitnesS
Donnelly at all Pu' manu- oh
=, D t St.trart, swOrn.-Testihed that he was
al pr berrY's house; that he left there with sew
eiH otneIS, ana proceeded I'D to the corner of
Nlhtn ana r. SITS that when he got 10 the corner
pOnneiiy was talking to Smith, asking him his
ooh I want no name" Donnelly replied to wit
ness, "fou amt nobody; you're coward ;; He
men men came up to witness and said, "You're
rouse" Witness replied .tIf Pm touSs ,,oH,,a
thief" He then said ssI'H take Won 70 ,bs
watch-house-I arrest you" As he said tI.is Re
came up and struck witness on the head with his
tbst ~. anu witness recoHecs nothing beyond
Cross-eIamined-Witnes has occasionaIIvb,d
ePlIeptic nts; had had them as many as tho
lines before THIS time; has had them after HAVING
Deeh on spree for aweek. Had been on mo snrse
Ihat day. had had two or three drink. dnrfng tbs
Jay Out was not excited by what witness bad
,s,i,s Don remember anything from the time
vines was struck till o'clock next morning
Don't remember telling Donnelly fl be vould mn.
MS spontoon down witness could wbiD I'm
=, iun grao hold OF Donnelly at all; couldn't do
~, because witnesses hands were down by his
side. Had no weapons that NIGHT. don,t 49,,
any weapons at any tiTae '
~. boIrolcS, swor Was called to see Stew
ART Hao retired TO bed, and some one cams and
aroused witness, aging that a man rad ha.n
knocked down When witness got 70 the snot
saw man lying on the pavement with a crowd
water to his head Witnesss Asst iPP,y uEIu
was 'oat De ~as dead, from the appearance of his
iaCei OUT when witness felt his pulse d. soon
olsGoVef ed that he had life in him Witness
Ine line that be was either too far gone To be
rs ored by medical aid, or that he was sliobtIv
IdJured, and would soon recover. Donnelly did
all be could to assist the wounded man. went for
carriage in which Stewart was taken home
w illness Is OF the impression that the severity of
The Commissions was owing to the fact that Stew
ar haa been imhi0ing as well as to the blow
EplIeptle ms are easily superinduce in a man
subject 70 them, by the use Of Stimulatng Iionor.
witness felt badly both for Stewart and Dopnel
ly Has known ID. five or six years and never
n knOn rfn1- 81.
relsome man. f
Dr. WIN. B. Butt sworn Was called during
the night to see Stewart. Carriage came for wit
ness, and when witness got there and went into
the room, found Stewart living on a Ionnge snr
rounded by eight or ten persons and in convul
slons witness examined him, and found a
wound about an Inch and a half in length, ex-
tending through the scalp TO the skull bone
Prooed the wound, and found that the hone was
not fractured. Examined his pulse afterwards
ana found that the wound was not serious n
must have been inflicted with some duh instrn
ment. The blow was the direct canSe m tba
eonvulsions without doubt Witness knows
Donnelly some three or four years but ba, nev,I
nl9en OF MN as MS beat Is not in the neigh
oorhnod OF Witness residence
Henry 5. Darts. sworn.-Saw nothing TIL aft,
me striking. Don't know either Donnellv OR
stewart, but have seen them both frequently.
Had retired 70 bed Heard something in H.
street. and witnesses wife went To the -
said That there was some row in front Of UItnsss,s
mouse. Jumped up and went to the window. and
wit
could see Mr.. Gideon and Others standing ronnd
whom witness knew. Dressed himself and yyent
down on the pavement, and asked Mr. Gideon
what was the matter, and ascertained that the
man had been knocked down by policemm
Heard considerable talk, and some in the crowd
accusing Donnelly Of doing it. ID. replied Eyes
1 struck him, ! don't deny it." Witness stood
and watched Stewart for some time and he had
SIX or eight Of the worst convulsions witness had
ever seen Witness examined Stewards person
to see II he had any weapon about him. and found
nothing save about half plug Of tobacco in any
OF his pocke
NoSte ID. LarHsr, sworn.-Didn't see the blow
81. out saw what took place before and after
tne SUI 5'ng. After the crowd left Berry,s. wit
- a-u lew Others came out Of the house and
rs s nau thls man Smith by the arm He had
Seeh ufinkihg, and witness took him by the arm
oeLns uesermlhed that there should 81 no dis
turoanee oy any one. When witnes. csms at
saw Do9neiy and two other watchmen' Wines.
said 70 smith tina. we must 20 homs on,s,I noS
SUI noiding him by the arm waIksd 49,. 49,,
Donneiiy Following. He was immed,s, -, 49,
witness, and volunteered In reply h ~. pgnina
bad said TO Smith, that we better III "i'hess
9uleuy that we were pretty fellow. 10 30 Ot y
Presently he got up to Smith and ~ 20 out
him his name. In few seconds ste,Ss, 70 ask
up and said 70 smith, go along; be dons, amt
no name" Witness took Smith with b,~dh.
walked Ninth street In dilu