Evening star. [volume] (Washington, D.C.) 1854-1972, 1861-04-05

about and sung. This behavior continued nm The
omcers came; Noticed nothing particular In the
such as witness had frequently seen him ,Ibibit
when drunk. He would strike bis own friend,
when drunk, the same other men will under
similar circumstances. After dancing about
awhile, he came to the door where witness was
standing, and witness pointed TO the dead bodv
ana told him TO see what he had done Foley
turned ana went up TO the body and striking al
J, SAID, fon Cerkonian son Of a., you de-
served 1t y, Witness don't think Foley Is man
man. Wy dNo'
Cross-examined When the guard turned on,
that afternoon all the prisoners went out of the
with Foley The wall be struck was composed
OF lath and plaster covered with paper He struck
IL violently. Witness thought be was insane from
liquor and excitement at the time of the killing
considered him very dangerous. He appeared
to be partially out of his mind Witness didn't
express the opinion to any that he was insa ne
before the killing. Was In the room with him
twenty minutes to half an hour. It must have
room that Murphy was shot
James Jon,das sworn.-Testied that he was
In the guard-room when Foley was brought In;
was prisoner In there. Was In there twenty
minutes or half an hour with him. When he
came In witness made the remark that something
was wrong with him. Said 30 because he was
not as witness had previously seen him under
similar circumstances; Has frequently seen him
violent before. He struck the wall SO hard that
ne LETT blood on the wall from his knuck les wit
ness kept his eye on him for fear he would do
Vioience 10 some one. Witness never saw him
afer be wastaken out to be tied till he saw him In
jail. From what witness could Judge at the
time, he didn't believe he was in his rig ht mind
Cross.eIamined Saw Foley drunk and con-
nned at Baton Rouge. Have seen him drunk
the Killing He was confined on that occasion
HIS behavior on that occasion was lively, and not
so violent as on this occasion. At that time he
danced also He generally said he could whip
Corkonians when In his drunken Ats When he
was drunk before, his ewes looked differently
nom what they did on this occasion. Witness
, ,Sia Mike McGlone that he was out Of his head;
that there was something wrong about him. wit.
ness was put In then accused Of being drunk
franets Cook, sworn.-Was in the guard room
on on that afternoon when Murphy was shot. Saw
vwgtey o,ougnt In; He was there nearly an hour.
When he came In he began to kick up, and got
excited; walked up and down the floor, and sung
and danced; would go to the door and open IL
witness never saw him 90 bad before, though he
was not verv drunk; his eyes were restless Saw
MIN strike the wall and skin his knuckles His
Gohauct was very violent. Witness was prisoner
In The guard room. Has frequently seen him
drunk before, but never so bad before The
Gun was Witness, and was turned in where wit
ness was confined; witness loaded 1t once, but
aneW the charge, and never loaded ID here in
washington. Foley would quarrel when drunk.
TAkLlMlNARY HEARINGS CONCLUDED -Yester-
day afternoon Patrick and James Barry, who
were arrested some days ago for an assault and
nattery on VIM Dant, appeared before Justice
Bonn Tor further hearing. The evidence showed
tnat MT Dant went to house on Capitol Hill,
and that James Barry, who was next door to the
mouse where Dant was going, met him and az.
saulted him with a slung shot or brick held fast
In his hand, and with which very severe wound
was lnn1cted on Dant's head, fracfuring the skull
J ust above the eyes, and from which he is now
lying In condition of uncertainty as 10 his re-
covery. 1t was also shown that Patrick Barry AZ
the tlme was not present, but was at the Church
OF 81. Aioysius. James Barry was held in custody
to await the result of Dant's injury or until bis
physician decides he is out of danger; and Pat
rick was dismissed
Gus Lafcntaine was arrested for being concerned
driver, on Sunday last, and was also bron9ht IN
ior further hearing before Justice Dom. He was
neld 10 bail for court in the sum of $500 in the
United STATES case, and fined so 81 for carving
pistol.
REFUSAL TO ACKNOWLEDGE SERvIcR-Yester.
DAY, county constable served a warrant upon a
free colored man for debt The debtor admitted
the business Of the account but refused IN ,c.
knowledge the service Of the warrant The con-
stable TOOK the man before a magistrate, and
,hat ne refused to sign his name in acknowl-
oficer to take him to jail and keep him till the
return day. The officer started, and was on the
way TO prison; but was recalled, and the debtor
confessed Judgment. II has been frequently dis
cussed among justices Of the peace and nfnrers
doing civil business, whether that course can be-
legally pursued. Most Of the older m magistrates
nave always commended, upon the obstinate refusal
Oh oeotor 10 acknowledge the service of a war
rant, the constable may take him Immediately to
jail the costs Of the case being increased by the
Marshal's prison fee.
INDIAN MEETING Our Country and On, Co,n
Last evening another meeting In behalf of the In
dams was held In Old Trinity Church. Addresses
were delivered by Mr.. Beeson, DR.. White and
Rev. MIR. Beale Of Cal, and Indian pieces sung
by Red Feather and his wife Larooqua The fol,
lowing resolutions were adopted:
Rssolrsd, That the well-established facts con-
nnually coming before the public relative to the
treatment OF our frontier Indians shows a state OF
dress
RsSolred, That to save from spoliation the race
from whom we have derived our cCunry and our
corn, is an object which commends itself to the
young men Of our country, whose viyor and love
ofJustice we hope will induce a thorouy h interest
which Will be crowned with success.
THEArER.-Another crowded house to see the
Naiad Queen" last night, and of course II ia 10
De repeated Tonight TO accommodate the numbers
who have been unable to find seats thus far this
week. With Its superb spectacles and tableaux
and Its capital acting, It is certainly most at,
nactive piece. . -
the benefit Of family parties, ladies and children
&c. III Twill be worth a visit on that occasion to
witness the delight Of the little folks of the au-
dlence as the different beautiful scenes of this
play present themselves Won't they Iaup b, too.
at the fun carried on by " Schnapps', fJeffersonl
and Idex,' miss shaw? y Well they will. and
So 100, will the children of older growth we
dare say. -
NARROW EsCAPE-Last night, a Young gentle
man having taken some refreshments at Renters
eating saloon on street, near Seventh, went to
the counter to pay his bill. The person attending
there pulled out the money drawer to get change,
and as be did SO, pistol which had been put in
II for safe keeping, by some one, exploded The
ball passing through the counter inflicted a
slight wound on the person Of the guest The
wound, though not severe, was not Of a pleasant
nature, as Of course no Christian cares to submit
to the rite Of circumcision In such unceremonious
sort. a. .
WARRINGTON AQuEDUcr AND CAPIroI ExrES
SION Capt. nj. c. Meigs having left the CITY on
official business to be absent some weeks the
work on the Washington Aqueduct is tenn porarily
In charge OF Mr.. f.. ID. II. Myers, acting chief
engineer. We learn thata large force 10 EN- ployed
along the line and the work 10 being prosecuted
with great vgor, and that operations will soon be
resumed on the Hi b Service Reservoir in George
town. The work on the Capitol Extension is
until Capt Meigs' return, under the direction OF
MIR. Alfred l.. Rives, assistant engineer who is
also assistant engineer at Cabin John Bridge.
RFcoGNrIoN OF SERVICES RRHDKRKD-This
morning Mr.. Henry s. Gettier, superintendent of
H.. A. -.