The national Republican., 1861-04-05

hbuuIDhi ". huulbOH, bWOTH.
John T. Baker, challenged.
John A. Tolson, challenged.
John 7. Clark, sworn.
George W. Hail. challenged.
John T. Cassell, sworn.
Mchail Green, sworn.
Martin P. King, sworn.
Bennett Sewel challenged.
James Murray, challenged.
Thomas j. Wilson, sworn.
John Reynolds, challenged.
Thomas Orme, challenged.
Joseph M. Downing, sworn.
John McCullum, challenged.
John l. Harrison, challenged.
William E. Spalding, absent.
Thomas Gallagher, sworn.
The list of jurymen having been completed,
they were sWorn, and took their seats in the
box.
Mr.. Page, for the United States, then opened
the case, first detailing the facts Of the homi-
eide, and then defining the law of murder, as
laid down by Wheaton and others, and as rec.
ognised in criminal Jurisprudence.
Mr.. Norris stated that the defence would re.
serve its opening until all the evidence for the
prosecution had boen heard.
The examination Of the witnesses for the
United States was then proceeded with
Robert Langdon, (private,) sworn.-Knows
| Foley saw him on the day Of the murder.
Witness was on guard, and little before 6
o'clock the corporal told him to take off his uni.
form and put on his fatigue dress. When witness
came down, he was placed in the hail. to keep
people from going in and out of the room where
Foley was confined. Walked up and down
about FIVE minutes, when Murphy came in and
opened the door about a foot and witness saw
Foley with gun in his hand, and he charged
bayonet on Murphy. Murphy closed the door,
and Foley pulled it open again. Murphy strove
to get his musket, and Foley raised his gun to
his shoulder and fred at Murphy. Murphy
turned half round, exclaiming, " Oh, my God |
I'm shot," and fell to the floor. He lived about
two minutes but never spoke again. Foley,
after shooting, talked as though he cared nothing
down stairs as soon as the gun was fired, but
witness thinks no one but himself was in the
hall when the shot was fred. When Murphy
opened the door, Foley called him by name
Witness was in the room at the time Foley
was tied, and about half an hour before the
shooting. Foley abused Murphy about tying
him, and said be might tie his feet as well 81
his hands. He told Foley to be quiet, and Fo
ley told him he was digging his own grave. HI
called Murphy many names, and abused him
Murphy was there this time about two minutes
Witness was eating his supper in the room wher'
! Foley was at the time. Before Murphy came in
: Foley did not speak Of him at all. Murphy was
,, corporal. Witness thinks Corporal Nolan pu
! Foley in the room, but was outside when he wa
first putin; was on guard outside. After shooting
! Murphy, Foley came out to the door, where h
! stayed moment till Major Haskins came in
' When the Major came in, he told him he wa
= ready to be taken. When witness went in ther
10 | L. tha r,noGat nnntf Inn,
; how it came there for o certainty, but remen
. bers musket was brought into that room abor
!. q week before. At this time witness didn
" " look for it. 1t might have beenthere, and wi
. ness not have seen it. AS Murphy opened tn
= door, Foley called to him, as if he wanted hil
to come to him. Murphy was shot in the rigl
, breast. The ball came out back of his lie
shoulder, and penetrated the wall. Some
the constables took it. The weapon was riff
musket, such as are used by the compan
" Murphy was about Ave or six feet from Folt
when he was shot. Foley had then pulled Il
door completely open, and jumped back an
fred, and the ball went through the sleeve
witnesses blouse, and grazed the skin. Wi
ness jumped to get out of the way. Foley vi
tied when the door was first closed. 1t WI
Nolan that tied him. He was quiet then, al
continued SO as long as witness was in the roof
save what he said to Murphy. Murphy W
present, wtness thinks, when Nolan tied tole
and Foley called him bad names, and said
was digging his own grave. Witness dol
know Of any quarrels between them previo,
~ ly, but Foley would abuse Murphy when he W
H. drunk. Never heard him make any thre
Y against Murphy in New Orleans.
nee ne Cross.examined. know why Fol
~ was confined on this occasion, except what "
~ ness has heard Foley had been out on lea
a part of the day. Saw him come in about
o'clock P. M. Witness was on post at Il
I'D time. He was under the influence of liqu
M then; not very much, apparently; he col
W. walk straight, He didn't speak to witnt
W when he passed the post. He had citz
with him. 1t was when witness was reiev
10. at o'clock that witness saw Foley again.
,61. was then in confinement. Corporal Nolan a
" Corporal Murphy had charge Of the gus
,er there. The door of Foleys room was sh
al. but not locked. 1t could be opened from eitf
side. About o'clock witness was placed
nd this door It was closed when witness v
placed there, but witness didn't open it to lc
m. In. Witness saw Foley after he came in FRI
to the post, before he (witness) went up stairs
, a change his uniform, While witness was
s,;. stairs the door was closed, and when with
came down he went on guard over him. WI
tba witness was eating bis supper in the ro
,rv where Foley was, witness had no talk with hi
"ds Witness believes Foley had been making
ose @ disturbance and that was tho reason be y
:. o'o taken to this room and tied. After shoot
';,% Murphy he danced about the room, and die
'"A seem to care for what he had done. Al
AN. shooting Murphy he laid the gun over by
mo- side of the door. Foley appeared to be 6
20 that he had shot Murphy. Witness ne
he messed with either Of them, and never knew
an. enmity between them. Witness don't kI
ans now the gun came IN lne roou'' hof "no 'o''