Evening star. [volume] (Washington, D.C.) 1854-1972, 1861-05-08

day afternoon, at the Jail the above parties were
further examined before Justice Dom
1bonias Tsra5ls testified that ne went IN the
house Of Boyd about bali hour after the firing.
saw Lusby and Osborn standing In the vacant
io' In the rear OF the house. Said they were not
In front at the time Of the shooting. Lusbys gun
was loaded. Did not examine the gun Of Osborn .
Did not see Wood, but ssw a man down at the
alley who Lusbv said was Carter
C. Sslby testified that he was one Of the twenty
men sent to the relief Of Murphy. Saw Nicholson
and Howell in tie lot in the rear Of Boyds bsuse
Thinks II was about fifty yards from the house
Did not see Wood. Had some conversation with
Nicholson and Howell, but did not know whether
their guns were loaded or not. Was In the
armory when the men went out, but did not hear
any order. Heard nothing about Nicholson mar
rowly escaping a shot. squad Of men cannot
leave the armory without the order from an officer
Lieut.. Wright, testified that he was at the ar
mory when the men were sent out Heard no
order to arrest. Murphy came In somewhere be-
tween and IL O'Clock, and said to Capt Miller
that man named Crump had told some Of the
psrty that Mr. Boyd had been making treason
| able exprsssions-thst he had drank toast that
day, and said that he hoped the Palmetto dag
would float over the dome of the Capitol In less
than three days. Captain told Murphy to bring
him the evidence Of the fact and he would tell
him what to do. Heard no order for an arrest
Lest Garret testified that he was at the armory;
heard no order for any arrest. Heard Murphy
come In and the Captain tell him to bring evil
deuce of the treason. Did not know at the time
who or what was meant. Murphy brought in
whether It was before or after the shooting Did
not hear Murphy say anything about going all
over the yard to get the names. Did not hear the
tell him to SRg BOYD dead Or alive
said sob, no. not that " The Captain did not
make any answer The men could not go out
without an order nom superior officer. II the
officer Of the guard II absent, the sergeant can
take out men, otherwise he cannot. Did not see
w God in the party.
The examination Of witnesses having been con-
Guided the prisoners were renaIded TO jail, the
Justice Withholding his decision until to-day
which Ii as follows:
After patiently listening to the testimony of
number OF witnesses for the United States and
come to the conclusion that the evidence dis
closes the fact that Sergeant Murphy and his
squad OF soldiers acted without the orders of the
Captain In attempting the arrest Of said Boyd,
and In attempting said arrest, meeting with re.
sistance. said Murphy gave the order to fire at
the dwelling, having previously been shot at, az
he supposed, from said house-from said firing
Boyd receiving shot depriving him Of life /
have dismissed Captain George w Miller from
all com plicity In said homicide. John Kettbly
and j. NJ Mitchell having on the hrst day of ex-
animation proven their absence, having returned
to the armory with prisoner, consequently are
dismissed Sergeant Murphy az the officer of the
squad, having ordered the shooting and an Il bas
been proven, without the order Of the captain,
am induced TO believe that he acted not from
wfllful or malicious motives but from mi sta ken
view OF bis orders and authority, and from the
Impulse OF the moment, and the circumstances
auending this peculiar case, together with the
excited state OF the community. ] shall, there
fore, as the principal In said homicide, hold said
John II. Murphy to security in the sum Of 81 600;
and Charles Osborn, John F Lusby, and Jere.
man carer, not having been present at the
shootng, but being In the rear of the premises TO
watch the movements Of the parties shall hold
them In the sum of $500 each, and the remainder
OF Vie parties, Hugh Myers, vintsn Rollinss,
Francis Lowe, Walter Nicholson and Samuel
Howell, In the sum Of 81 600 each to appear at
the Criminal Court to be held In the month of
June next
The case Of Capt Miller was then taken up on
the charge OF being an accessory in the case
Joseph Carroll testifed-Held a conversatio,
with Capt Miller Sunday morning after the affair
Asked the captain If il would be wrong for him
TO ask II be had authority for arrestng BOYD
Miller replied that he had; and that the colonel
had told him he ought to have killed all three.
DID not say what colonel or what three men was
meant.
Gates tesiifed-Never heard Cant. Miller
say ANYTHING about Boyd. Had a conversation
with Capt. Miller on Monday, and Miller told
MIN that he had authority to make arrests Miller
sPoke OF his men being put in Jail, and said they
must be out by the next day a; twelve o'clock or
there would be trouble. Spoke as II he had had
an understanding with military ofncsr, who
assured him the men should not be held longer
Lieut.. Wright had no conversation with Cant
Miller on the subject Heard Miller talk with
other. about 1t, and always deny giving an order
Vim Garst testiae Had talked with Capt,,n
Miller about IT,; Miller had always expressed his
regret, and denied giving any order Heard him
caution the mea about using violence on the night
Ms. JvEia Murphy testified Was at HON.
sunday morning, and a short time after hearing
OF the ahiir saw Capt Miller coming towards the
mouse; went out and asked him IL # was true
about the killing Of Boyd. Captain Miller said II
wss; that Sergeant Murphy had been fred upon.
end he had only violated the law In not bringing
the dead body Said he had higher authority for
anaT n ina ..rnA gk.1
Misses Julia Murphy, Elizabeth Murphy. and
Mrs Humphrey and McNally, sisters Of Sergeant
Murphy, corroborated this statement
The case was dismissed.
The FIFTH MASSACHUSETTS REGIMENT AND
THE RHoDR ISLAND BArTkRY-WhiIe the New
Jersey brigade Yves forming in Pennsylvania av-
enus, the Fifth Massachusetts Regiment Colonel
Lawrence commanding, marched BY way Of the
avenue and Fourteenth at, from the First Ward.
To the Monument Grounds, and spent the remain,
DEF OF the afternoon In exercising In the school OF
the battalion. Ii was apparent that though the
corps were well taught IN the school of the com
papy, they wanted, like most volunteer corps
nequent exercise In the more dificult movements
OF the battalion. IL contains frst-class material
and Will soon, by the instruction of the regimen.
tal ara company OMcers, be made ca aal to the
best In its arm Of the service.
In the course Of the afternoon the hne batte,y
attac he'd to the hode Island REGIMENT arrived
on The ground for the purpose Of practice IL
was accompanied by Gov Sprague and sta II and
ioiloWeo oV nosi OF clflZens anxious to see tie
battery perform. Upon the field the battery was
greeted with cheers by their Massac husetts breth
rem The recent rains had made the 2 ground unfit
Tor rapid movements with the heavy pieces
After few movements over the damp and heavy
Held, and practice in firing, the battery returned
As the Fifth Regiment was marching over
Fourteenth street bridge, the Alexandria Omnibus
arrived with number Of passengers The rnmors
that Alexandria was To be occupied by the Gov
eminent troops yesterday, and the marching OF
the regiment In that direction, seemed to confirm
the rumor. and caused quite a sensation in the
vehicle. The driver stopped, and no doubt his
passengers were greatly relieved when they saw
the column change direction and march through
the gate into the Monument Grounds.
Tx REGIMENT chartered n the
iae Inauguration ball ROOM rear OF the CITY Hall.
received yesterday afternoon a complete outfit OF
clothing from the regular army stores whereat
there was great rejoicing among them. Since
arriving here they have won universal good will
and sympathy by their good behavior and the
philosophy with which they have borne their de-
cidedly- hard lot Their quarters are subject to
complete drenching whenever IL rains; their
clothing has been scant indeed their facilities for
cooking their rations have been of the worst: and
yet the Fifth Regiment has never com planned II
should DOT be forgotten that when Washington
was threatened with an invasion by King ssJefYn
Pennsylvania troops for Its defense were the yeIy
"a IN No has In. Ax.a-