Evening star. [volume] (Washington, D.C.) 1854-1972, 1861-09-18

CAsE-An examination in the case Of Gilbert
Hsnderwerfen, charged with shooting George
Hi, Jr., was held before Justice Reaver yesterday
afternoon. J M Carlisle, Esq Of this city, and
Hugh Caperton, Esq., Of GEORGETOWN, conducted
The examination on the part Of the defense.
The frst witness called WA Ds. Magrsder, of
Georgetown, who testified a. follows: Mr. HIPS
condition at this time 10 very favorable. In the
next twenty -four hours f-ver may arise, and wit
Ness cannot tell what may be the result Of that
fever The patient has a very good constitution,
which makes 10 more favorable for him. His
system was very much prostrated from the shock
prostratlon There 10 now favorable reaction
and at present there 10 nothing to indicate fatal
result.
d. srydxr, Of Georgetown, c.lled.-ssw Mr..
Hill Yesterday, about fifteen minutes after the
shooting He had three gunshot wounds-one OF
which was very slight, only breaking the skin of
The knuckles on the right hand, between the in
the left side Of the abdomen-low down-snd the
ballet seems 70 have passed out Just above the
crest OF the hip bone. The weapon making such
q wound must have been held nearly In q heri-
Iontal hne-not much depressed or elevated 1t
was rather a superficial wound. There was a
large artery near the track the bullet must have
taken; but IL the artery had been severed there
would have been considerable hemorrhage which
there was not In this case; the third wound was
made by buAet which entered a little to the left
Of the spinal column, passed through ths left
lower portion Of the abdominal cavity, and came
out about half way between the hip bone and
navel-a little nearer the hip bone. That bullet
was probably the one found between the
clothing and skin Of the patient. Ii was a
conical ball, and the only one found The
wound frst described might be produced by
q bullet; 10 was q recent wound-bleeding-
and without examining very critically witness
rem the bullet on the knuckles. The wound
aoross the abdomen 10 superficial. The descend.
ing colon and small intestines were In danger
from the bullet which made the last wound The
patient has had no operation since the accident,
and his danger from the last wound could only be
told at this time nom stool. Don't think 1t will
be known until Inflammation supervenes unless
stool In the meantime affords some indicat ons
Witness probed the wound slightly to see the d.
fect.on OF the missile, and does not think the kid
news were hurt. Possibly the descending colon
may have been injured, but witness has seen no
indications yet Witness cannot with certainty
determine the direction OF the ball Fit came In
eoRtsct with the colon or intsstines the patient
was In danger, not otherwise
Mr. Carlisle said that he expected TO be able TO
prove that this assault by Mr. Vanderwerken was
made in self defence; but he only proposed to show
this evening that there was nothing to indicate
that Mr.. Hill's life was in danger, which be had
done by the witnesses already examined His as
sociate and himself did net want to prolonp this
Vanderwerken on bail TO answer the charge of
assault.
Justice Reaver said he was in doubt as to who
fred the FIRST shot.
Mr.. Carlisle said he had a witness present fMr
Charles Vanderwerken) who would testify that
Mr.. Hin cred the nrst shot
Justice Reaver said that the evidence Of the
witness conflicts with that Of Mr. Hill, who
gvears positively that Mr.. Gilbert Vanderwerken
hfed hrst.
Mr. Carlisle said that supposinq Mr.. HIPS tes,,-
mony was taken, could he testify with as much
accuracy, taking part In the fight, as II he had
been perfectly cool?
Justice Resyer said that Mr.. Hill seemed to be
quite cool and collected.
Mr.. Carlisle said he must be an extraordina,v
man then, and asked the Squire whether he
thought he would be cool with him (Mr Carlisle)
sanding In front Of him with loaded pistol
firing at him! Suppose he was perfectly cool and
sweers that SIR. Vanderwerken fred the arst sbot.
and suppose no one swears the other way, and YOU
come 70 the conclusion that Mr.. Vanderwerken
The question 10 whether you will admit him to
bail or not. We have taken the physicians testi-
mony, and only ask Mr.. Vanderwerken's con-
Sarsk OaktS called -IThis witness was an art
less looking young girl, apparently about Is or is
years DID, and took the oath with great reluctance
seeming to be laooring under considerable excite
meat, caused by the novel circumstances In which
she was placed. Mr. Carlisle explained to her
the nature Of the oath, and that nothing was re-
quired Of her except simple statement Of facts
within her knowledge, and she was then sworn
and gave In her testimony nervously, but appar.
emily in . simple aud truthful manner Wines
was Standing by the window in the back yard;
saw Mr.. Hill come IN; he asked who took that
door down; witness lives with Mr Vanderwer
ken. They were in the cellar, she was In the
yard, and could not see who fred FIRST; couldn't
I'D.
saw young Mr.. Vanderwerken draw back; only
saw young Mr.. Vanderwerken; heard the elder
Mr.. ". call his son to bring him bis pistol.
CharlsI @ VGHdsrVsrks". (son Of defendant,)
sworn.-Wss present at the firing; was at the bot
tom Of the steps, In the area at the rear of the
house; witness father was about two steps In front
and little to the left Of witness witness nrst saw
mr Hill when bis father stepped to one side; his
father stepped to the left, and he then saw MIR.
Hin with q pistol, holding 10 down In his left
hand almost immediately be raised the pistol
49, -e. 49,.
ared; 10 certain Of that; II was 20 directed that
witness supposed itwzs directed at him; after the
frst IRE witness stepped 10 the right 80 az 70 get
out Of me range, and don't tnoy who fred next;
witness came down behind bis father and did not
zee Mr.. HI until his father stepped to tue len;
this was directly In the Of the store the door
satersinto the main building from the arsa-Rsp
little 70 the left Of the steps which 20 down into
ths area; the distance between witness and Mr.
Hill, at the fring, WA about the width Of this
room, about 81! or eight paees-Rsp.;) II his
father bad fred frst, witness must have seen n:
witness bad no pistol himself.
yeAs III Nsvmas sergeant Of Metropolitan
Policel sworn:-Witness got three pistols; one
from Charles Ysnderwerken; saw him have IL Al
his fathers house and put 10 In his pocket when
witness arrested his father; took Il from him; II
had four barrels discharged; 10 was a ave shooter
Witness saw In Gilbert vsnderwerkens pocket
What appeared to be /. pistol took II; It was a
Eve shooter, and found all the barrels charged
Witness went 10 Mr.. HIPS house. and had handed
TO him BY Mr. Berry pistol, ave shooter, with
stated 70 witness that the pistol taken from him
(Mr. w did not belong to him, but that be got n
from mr. lockwood; witness don't think Mr.
Vsnderwerken could have got II after the sfray
a IL was only i've or ten inmates after the hr ns
before witness was there; witness saw him with
The pistol before he len the house.
CAdyBss FdsdsrpsSkss recalled His father gave
the pistol 70 him Immediately after the shooting
wa over. His father called for the pistol when
Mr.. Hill came, and witness got Il; witness had
charge Of 1t went stairs, got It. and gave Il 10
his father. Witness bad no pistol about him
during the firing.
SsraA Oakss recalled Saw Mr. Hin on IN.
third step from the bottom going ND towards the
porch; heard Mr. Vanderwerken call for his pistol;
he bad not then seen Mr.. Hill. witness told him
(Af. Vanderwerken) Mr.. Hin was there VIII
ness was positive Mr. Hill was on the stairs from
his HillI) cellar 10 their (yanderwerkens) yard
on the third step.
Mr.. Carlisle thought nobody could now DENY
that this was q clear case Of self defence
Justice Resver said that Mr.. Hill,s evidence was
- good 90 Mr. (Chafles J Vanderwerkens, and
be (HlD testified that Mr.. (Gilbert) vanderwer-
kea fired the 1rst shot.
Mr. Carlisle wanted TO know IL one was al good
% the other how the Justice would decide.
Justice Reaver said (doubtfully) that be would
throw them both out.
81.