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

CEIsINAL CoURT.-Tyial of John Foley for the
Mvydsr Of Michael Murphy -After our report
closed Yesterday, the following evidence was
nearu TOT the prosecution:
MAJOR HnSktaS sworn Testified that be II in
command Of the company stationed on Capitol
Hill Was in his own room and heard the report
Of the musket Went 10 the stairs and attempted
TO get into the ball. Several men standing on the
stairway prevented witness at first from getting
In After clearing the way witness stepped In
me ball and saw Murphy lying on the hoor with
his head towards witness, and Corporal Nolan
standing at charge bayonets at the door of the
front room where Foley was Ordered Murphy
TO be taken up stairs, but finally had bin carried
INTO the room where Foley was. As he was laid
on the table he made a spasmodic effort and
never moved afterward. Foley asked those around
how they supposed he could have shot Murphy.
witness was at dinner when Nolan came and
aid Foley was making disturbance, and he had
connheo aim with other prisoners In the guard
, ,oon' witness gave Nolan piece Of rope and
S Tio aim TO tie Foley up, supPosng he would tie
MA up In the guard room. Murphy was a cor
Poral he YVES the junior corporal Of the company,
and IL was his duty In the absence OF the senior
corporal (Nolan) to take charge Of the guard
drunk. He danced about, and appeared to be
mu'tering TO himself
Witness Ion Z know of Foley's
ever having received a severe blow on the head;
never heard that he had been confined in an in
sane asylum. Some one made the remark to hang
him at the time
present about half minute after Foley shot MUIR
ply. Murphy and witness mounted guard that
morning. Foley came of guard that morning and
got permission to 90 of till24 O'Clock. He went
on, but did not return till AZ O'Clock. Witness
sent hin up stairs, and presently he came down
and behaved disorderly, and witness put him in
the guard-room: He kept opening the door, and
witness went and got his musket, and told Foley
II he did not let the door alone he (witness) would
strike him with his musket. Another pris-
oner in the gusrd-room interfered, and witness
oners told witness that Foley had his shirt of and
was going 70 1g ht one Of the prisoners Witness
reported the matter to the major, who ordered
Foley to be tied. Witness placed Foley in the
'front.' room and tied hun. He then left Murphy
IN charge and went up stairs. Presently the re-
port Of a gun was heard, and the sentinel called
for the corporal of the guard. Witness came
down and saw Murphy lying in the hall. Wit
ness saw that the room door was open. The bay
onet of the gun in Foley's hands was protru-
ding through the door Witness went towards
toleY, VINO said witness had better look out
himself, Witness stepped back and got his
gun, and charged bayOnets on him, and he set
bis gun against the door, and witness reached In
and got 1t. Witness asked Foley what he had
done, and be replied that he had shot the son Of
=. Witness guarded him till Major Haskins
came. He danced about some, and spoke to the
Major Murphy had been in the company six or
Seven years-Foley about nine months Witness
never knew Of any ill blood between them Ii
was only when Foley was drunk, and had to be
confined, that he abused the cOrporals. Witness
HcuCcO tue gun IN the room That forenoon, but at
the time Foley was put in there witness didn't
think about 1t. Witness examined the cartridge
box after the shooting, and there was near forty
rounds Of ammunition in II. He took it of a me
Inent after witness took the gun from him
Cross-eXamined Witness had not examined
the cartridge box previous to the shooting witness
thinks that few days previously one Of the men
on post was found under the influence of Honor
and his gun and cartridge box Were taken from
him and placed in this room That, witness
thinks. was why the gun happened to be there
II witness had thought Foley had the heart TO
shoot any one, and that the gun was there be
should not have left il within bis reach Witness
was always on good terms with Foley; when be
got drunk, no matter who confined him he would
abuse them
Jacob AShs (policeman), sworn.-Teatifed that
be arr sted Foley and took him to the lookup;
when witness got on the spot he asked Maj Has
Rims what he was going to do with Foley. The
Major replied that he should give him up TO the
civil authorities Witness and Kroft took FoIey
and when they got him out on the pavement
Foley turned and said to some Of the men, XIII
all them Corkonan sons Of -"
Aythur Thompson, swOrn.-TeStihed that he took
charge Of the guard after Murphy was killed
After Murpby's body was laid on the table In the
room where Foley was, about three minutes after
the shooting, Foley came up 20 the body which
was lying with the shoes of and placing his
hand. on the feet, said, .'Yog son Of :, have
put you out Of the world without your shoes on
You will tell no more tales" About a week
before this witness met Foley down town one
night, and Foley came up and looked at witness,
W u.
was Murphy; when l catch him mean to nx him
of, the son of - Witness did not see the
gun on the day OF the shooting, but had seen II In
the room several times before
oss-examined.-Murphy's shoes were on his
feet when he was shot. Witness can't say that he
Is Murphy's friend.
Foley Never quaneled with him, nor had a
word with him. Foley's clothes were kept in his
knspsack. There were drawers shirts an over
coat, and fannel blouse in it, some were sent to
i'm At nd
wards. E
COrnsGiES MeCourt sworn.-Testifed that when
be was going out to retreat that day he saw Nolan
tieing Foley's hands. Foley was very still while
bis hands were being tied About five MINUTES
afterwards heard the musket shot. Foley is very
wicked when drunk, and witness thought in a
momenttha he had shot some one, and excl lined
50. Went down In an instant and saw that M ur-
ply was killed Witness was vexed he would
have killed Foley II he had been sentinel, and
asked asked, me Major to give an order to hang him.
going to nx OF Murphy. There bad been diff
Guilty In Mississippi between Murphy and some
Other men, and since that Foley, when drunk, was
always down on him. Witness saw that musket
two days before, and examined II; IL was not
loaded Saw the cartridge box, and II had twenty
rounds In the top and twenty more in the maya
zine, or lower box. That day witness saw the
musket after the shooting and Il was the same
one he had seen there two days before
Cross-exsmined Witness is an Englishmap,
born In Manchester. Witness thinks II was Cook 9
tin passing in and out incidentally. Witness
has always been particularly friendly with Foley,
but thinks that Murphy and he had some III feel,
ing when Foley would be drunk.
Coroner WOODWARD sworn Testified that he
held an inquest over the body OF Murphy on the
18th day of February last. Examined the wound;
the ball entered the right breast and passed out
under the left shoulder.
To The trial was proceeded with by
calling for the United States
Policeman Hdrrorsr, sworn, who testified that
he was present at the coroner's inquest over the
body Of Murphy. Assisted In taking the ball ont
Of the wall. At the request Of the coroner, wit.
mesa took charge Of the uniform coat worn by
Murphy at the time he was shot.
Witness here produced the coat In questio on, and
exhibited the Perforations made therein by the
ball.
Cross Examined Wines knows nothing of
Foley ever having received 4 stroke on the head
except from hearssy. -..--
District Attorney Ould here announced that the
case 80 far an the evidence for the was
concerned, was closed 49,
Mr.. Thrift then opened the case for the defence,
stating that the defence expected 10 show that the
prisoner was laboring under delusion Of the mind
amounting 70 temporary insanity at the time Of
the commission Of the crime. Mr.. T. read from
medical jurisprudence, In explanation Of the