Evening star. [volume] (Washington, D.C.) 1854-1972, 1861-04-04

CRIMINAL CouRr Yesterday the Court, upon
the conclusion Of Mr.. Ould argument for Gov
eminent, In reply to Mr. Carlisles demurrer tn the
indictment against Peter 3. Duvall, charged with
perjury, delivered decision quashing the indict-
ment.
John Rawlings alias "witn Rawlings, was
then placed on tial on charge Of assault and
battery on Joseph Bell; also, on a second indict-
ment for an assault and battery on Julius Weible.
Verdict guilty, and $40 fine In the first case and
guilty Of assault only and a fine Of IS in the
William Thomas alias VIM. Wallace was then
tried for stealing pair Of boots worth As from
B Jones Verdict not guilty, in consequence
Of the prisoner being proved to be slave.
Trial of John Foley (Soldier) for the Murder Of
Michael MKrphy.-This morning John Foley was
brought over from the Jail to be tried for killing
Corporal Michael Murphy Of the U. 8. Infantry
corps, Major Haskins, now CHARTERED on Capitol
Hill. Mr.. T. J. Page assisted the District At
torney on behalf Of the Government, and Nessrs
Norris and Thrift appeared for the defendant
The jurors were called severally and quest oned
as usual on their cor der. TO their competency
to sit as jurors in a case Of murder.
The following Jurors having passed the usual
examination without objection were sworn VIM.
Harper, F. A. Tucker, James Espy, Orlando II.
Dom; Fl c. Addison, J. T. Clark, John T. Cas-
sell, Michael Green, Martin p. King Thos. J.
Mr P:re for the T%,ed s.n,e. tssn
the opening to the jury, first stating the history
Of the homicide, and afterwards defining the law
Of murder as laid down In the books, and ss rec
ognized in criminal Jurisprudence.
Mr.. Norris stated that the defence would re-
serve their opening until the close Of the evidence
for the prosecution.
Robert Langdor (private) sworn.-Stated that
he knows Foley; saw him on the day of the muir
DEF Witness was on guard, and little before
O'Clock the corporal told him to take off his uni
form and put on his fatigue dress. When witness
came down be YVES placed In the hall to keep
PEOPLE from going In and out the room where
Foley YVES confined. Walked up and down about
five minutes, when Murphy came In and opened
the door about foot, and witness saw Foley with
gun In his hand, and he charged bayonet on
Murphy: Murphy closed the door, and Foley
pulled IL open again. Murphy strove to get his
mnsket and Foley raised his gun TO his shoulder
and fired at Murphy. Murphy turned half round,
exclaimed, sob, my God, I'm shot," and fell
to the moor. He lived about two minutes but
never spoke again. Foley after shooting talked
as though he cared nothing about what he
had done. Corporal Nolan ran down stairs as
Gs soon as the gun was fred, 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
hour before the shooting. Foley abused Murphy
about tieing him, and said he might tie his feet
aswel as bis bands. He told Foley TO be quiet,
and Feley told him he was digging his own grave.
He called Murphy many names, and abused him.
Murphy was there this time about two minutes.
witness Yves eating his supper In the room where
Foley was al the time. Before Murphy came in Fo-
lev did not speak Of him tall. Murphy was cor
poral. Witness thinks Corpr Nolan put Foley in
fhe room, but was outside when he was first put
w,
Foley came out to the door, where he STAYED a
moment till Major Haskins came in. When the
Major came in, be told him be was ready to be
taken When witness went in there hrst he did
not see the musket Don't know how II came
there for a certainty, but remembers musket was
brought into that room about a week before. At
this time witness didn't look for it. Ii might
have been there and witness not have seen IT, AS
Murphy opened the door Foley called TO him. as
1.-The wanted him to 90 to him. Murphy was shot In
tne right breast The ball came out back Of his left
HhOnlfPF ted ha o,
constaoles took II. The weapon was a rife mus
ket, such as are used by the company. Murphy
was about five or six feet from Foley when he
was shot. Foley had then pulled the door CON-
pletely open, and jumped back and fred and the
bali went though the sleeve Of witnesses blouse,
ard grezed the skin Witness jumped to get out
OF The way. Foley was tied when this door was
first closed. II was Nolan that tied him He was
quiet then, and continued long witness
was in the room, save what he said to Murphy.
Murphy was present, witness thinks, when Nolan
tied Foley, and Foley called him bad names. and
said he was digging his own grave. Witness
oont know OF any quarrels between them pre-
viOusly, but Foley would abuse Murphy when he
was drunk. Never heard him make any threat
against Murphy in New Orleans.
Cross ExaInined-Don't know why Foley
coEnned on this occasion, except what witness
las heard. Foley had been out on leave a part Of
the day: Saw him come in about O'Clock
p m. Witness was on pest at that time. He
much, apparently; he could walk straight He
didn't speak 20 witness when he passed the
post He had citizen with him. II was when
witness was relieved at O'Clock that witness
saw Foley again. He was then In confinement.
Corporal holland and Corporal Murphy had charge
Of the guard there. The door Of Foley's room
was shut, but not locked. II could be opened
from either side. About 8 O'Clock witness was
placed at this door. IL was closed when witness
was placed there, butwitness didn't open It to lock
In. Witness saw Foley after he came in from the
post before he (witness) went up stairs to change
his uniform. While witness was up stairs the
door was closed, and when witness came down
be went on guard over him. While witness was
eating hissupper In the room where Foley was wit
ness had no talk with him. Witness believes Foley
had been making a disturbance and that was the
reason he was taken to this room and tied. After
shooting Murphy he danced about the room, aud
didn't seem to care for what he had done After
shooting Murphy he laid the gun over by the side
o. Inc door Foley appeared to be glad that he had
shot Murphy. Witness never messed with either of
them, and never knew Of enmity between them.
Witness don't know how the gun came In the
room, nor who loaded It, There was cartridge
oox In the room with II, and Foley had the
cartridge box on when he opened the door.
Private Tafy was placed guard over Foley
after Murphy was shot.
SHor BIT ACCOMPLISHMENT afternoon Can't.
ID. Harvey, Of Northumberland county Va was
standing with some friends al the corner of Ninth
street and Pennsylvania avenue, when one Of them
drew from his pocket pistol, which he had just
received from the armorer who had repaired It.
weapon was discharged, the ball taking effect in
Harneys body. He was taken al once to the
lnnrnary and the ball extracted; by good fortune
u bad not reached vital part Capt II. will
probably be well In q short time.
Subsequently Mr.. Riley went to the once of
Justice Dom, and related what had occurred,
and gave 81 600 bail for further hearing in case
such hearing should be deemed necessary.
TIE IssusoRDISAIIoN AT THE u s. PKSIrEN-
TIART I'VE learn from Warden Sengstack that
the position Of an officer on guard at the peniten-
tiary has been pretty ensrous Daring the past two
g weeks. The prisoners require incessant watch
Ing, and the warden and bis force are kept on
constant duty. The cause Of the revolt and In
suoofdinaton, he thinks, IL from the disappoint-
Inent Of the convicts in obtaining pardons from
President Buchanan. About two hundred and
twenty applications for pardon for convicts were
made TO President Buchanan just before his claim
expired, between forty and hfty from convicts in
the penitentiary. The President pardoned but
few, comparatively, and those who were disap-
pointed have become very unruly.
ACcIDEST.-About half past O'Clock Yesterday
afternoon, as the carriage Of Mr.. w. w. Corcoran
was passing along Pennsylvania avenue, when az
the corner Of Fourteenth street, trace became