Evening star. [volume] (Washington, D.C.) 1854-1972, 1862-02-22

Fu.rHER HxARINs OF TEE NIXON MuRpER
CA.s-Yesterday morning, Justice Johnson, to
avoid any prejudicisl effect that the hearing Of
the evidence before the jury Of inquest In the
case Of VIM. Nixon, the soldier who was killed
on Capitol Hill, Sunday night, might have upon
his mind, invited Justice Giberson to sit with
ties charged, James Marshall and Mary Marshall,
appeared at Justice Johnson's Office for trial,
Mr.. Bradley, jr., appearing for the defence. The
witnesses were those examined at the inquest,
together with the jurors, and some soldiers. The
testimony differed in some points from that ellie
tied before the inquest.
Mrs. Goodin testified substantially as before
the inquest She retired to bed about ten o'clock,
leaving Mr.. and Mrs Marshall down stairs. She
was aroused In the MI bit by the report Of a gun
or pistol, and smelled what she presumed was
powder In the house Immediately after. She
knew nothing Of the killing until she was told of
II next morning by Mrs. Marshall.
Miss Mary Mdgee, daughter Of Mrs. Marshall,
said she went to bed before Mrs Goodin. She
was aroused in the night by loud notes.-the re-
port Of a gun she supposed She did not smell
powder, and denied having said so before the in
quest She knew nothing Of the homicide till
the next morning.
James Mage, ison of Mrs Marshall, 10 years
old,) said be went to bed between seven and
Younger brother They were aroused by the re-
port Of gun or pistol, and by bis mother coming
up cut of the cellar calling Mrs. Goodin. He
smeled powder, 6Tt could not say II the gun
The next witnesses (there were eighteen in ally
testified uniformly TO the following facts They
found the body lying outside Of Marshall's premi
ses, near the street; they found pool Of blood
under the window, In the yard, blood stain on
the shutter, hand print, a freshly broken pane,
and fresh powder on the inside sash.
Surgson A. C. Williams, 5th U artillery, tes-
tiled that death must have ensued instantly from
the wound, and the body was probably dragged
from the pool Of blood In the yard to the street
outside.
One Of the inquest juron-Mr. w. Readily
when about to be qualified, refused to be sworn
according TO law, saying that ii was contrary to
his religious belief, and cited Matthew, 5th chap
ter, verses 80 to 81, in justification. He would
not use the name Of God, nor swear by the uplifed
hand.
Mr.. Bradley, IT,, for defence, objected, on the
ground that he was an unbeliever.
The Justice asked Readily IL he believed the
Scriptures, and the doctrine Of future rewards and
punishment
He said he did He was declared competent
and proceeded with his evidence, substantiating
generally the statements CT the other witnesses
The character Of Marshall was shown to be excel
lent. The deceased had the character Of being
Incorporate and quarrelsome. The certificate Of
marriage Of Marshall and Mrs. Magee was pro-
duced, 1t being given under her maiden name OF
Mary McCarty. Her business has been conducted
under the name Of Magee, simply because estab-
lished in that name.
The case was fully dismissed by Justices John-
son and Giberson, who could discover nothing In
the evidence to Justify commitment Of either OF
the parties for trial at court.