Evening star. [volume] (Washington, D.C.) 1854-1972, 1863-01-23

H.
ne was blowing. 1@
Robers Fright, sworn.-witpess knows
ard krows Leah Witness heard pr,son.s
sayat Purdy's about three weeks or srsonsr
before that II he had his money tarrr Tsu
policeman in the Sourth Ward whose hrh,
wss going TO put ous. Never heard him -
any other threat against Leach. Witness -
hard the prisoner spanking to Sarah Bo,s
aScut Leach, I'm Leach's absence, but A.
rrcoliect whit he said. WI
Ck,tstian +. Myers, sworn.-W illness VIM.
ployed a bar tender by Mr.. Purdy in Nos
btr last. He saw Little and Lu wayne con.1-
thr restaurant about six and O half o'clocE ~
the side door, while he was engaged vai,,sy
: on some one else. They were talking toee,sy
at the time, but witness did no; hear what 49,
said. One of them asked for a knife or
revolver, but don't know which one He h.s
his back turned, and told them he had ne,h-
They then called for ale, and he stooosS
drawed IL and give IL 70 them, and witness ~
10 the other end Of the bar, when they xaIssS
out. Witness saw Little with knife a. ~
went out, and turned round and saw the init
had gone. Little was putting IL under his Coz,
at the side. Witness recognized the knife whire
had hefn struck mp behind the bar. Did m.
hear the prisoner or Luwayne say what h,
VIE Ne superintendent OF Police svor,
Witness was called on by two gentlemen, ana
went with them TO Smiths apothecary stoS.
where he saw Leach lying an the back room
TIE wound was bandaged. He was sufferias
frum pain-sroaninf-and bad little pulss
Between II and ~ O'Clock at night witness Va.
IA
house. Wi ness found hiR lying on the bel
still suffering from pain. Witness staid about
h.lf an hour. His last interview with "a.
ceased closed about 10 O'Clock.
goes TO dinner at ~ o'clock, and went in 70 =,
him. He died while witness was present 81
about half past - O'Clock.
Mr.. Webb resumed.-Witness asked the de.
ceased If he was aware of his conditioned hu
great danger ard deceased said he WA. He
told deceased that u was probable that hs
would die that night. Witness administering
oath 10 him, and told him 1t was for the
purpose Of takir his d. ing testimony.
Justice u. CSdytca sworn.-Witness wa
present when MIR. Webb .ook the dying 5acia-
ration OF the deceP sed Mr.. Webb distinctly
asked dc CO ased if he was aware of his copdi.
ton, and expressed the opinion thatthe wound
would terminate MORALLY. the deceased &C.
quiesced in the opinion of Mr.We Mr. Webb
told him on administering the oath that IL Was
fer the purpose OF taking his y ing declaration
Mr. Darlington here offered the dying decla.
ration of the deceased ina evidence but
Mr.. Bradley objected, and said that the Sac
larstion TO be admitted must have been prov :.
TO be made when the deceased knew he was
going 10 die.
not sufficient 10 prove that the deceased az the
time of making the declaration was fully aware
of his impending death.
MIR. Bradley argued that diving declaration
TO be evidence, m ust he made when the deceased
believed death was impending. He quoted
freely TO show that a dying nun must belle ye
himself beyond all hope of recovery.
The Court decided that the dying declaration
of Leach did not come Up to tue requirement.
of the law, and Therefore excluded IT, These
declarations should not be. admitted, except in
absolutely necessitous cases, and where there
is no other evidence TO establish tie fact
Where there is such evidence IL should be ex.
cluded on the principle that every prisoner has
a right 10 cross-examination.
The prosecution here closed their testimony
The first witness called for the defence was
Sarah Boren. She knew John Leach, and vas
in his company the right he was murdered
November 9th. Was out riding with hi n and
got home TO No. 10, Marble alley, about twenty
minutes of seven o'clock. Leach left witness
sitting in the buggy while he went 10 get a boy
to hold the horses. In the meantime Little ac-
companied by Two other gentlemen, came up
through the alley from Sixth street. Little
asked witness what sc had been doing she
replied that she had a en- riding with Leach.
Prisoner remarked she ought 10 have her mouth
mashed. Leach at that time appeared, and
asked whose mouth they were going TO slap;
and before reply was given, decreased knocked
Luwayne who was with Littlel down. LATHE
iemarked TO Leach, "Stop Jack, you are too
qriek." Leach then hit Little several blews
End witness got ont Of the carriage. Did not
zee weapon in Leach's hand at that time.
The blows he struck were, however, very
violent; a great deal harder than witness
would like TO receive. From the time they
got there an the buggy until Leach knocked
in the alley. and no provoking language
was used by either party. Witness saw
Justice Walter on horseback ride up from Mis-
SCUM sou avenue ; S 81, then got ont Of the bnsey
where she found police ofhcer Lewis reclining
on the SOFA Annie Howard and Emma Jor-
dan were also in the parlor. Oficer Lynch
was also in the house-up stairs in one OF the
bedrooms. He came down, and witness
opened the door and let him out This was be.
fore witness heard OF the cutting, and before
Leach had been brought TO the house. Leach
was brought into the house after being stabbed.
and bace witness good bye, ard then went ont
She saw deceased again about an hour AID
nan afterwards at Smiths drug store, Leach
having sert for her.
BY Mr.. Carrington.-Does not know where
Leach went after he left the buggy. WITNESS
then repeated in substance the testimony she
mao given In her examir --tion IN chiefl She
also testified that Leach had in his possession
pistol, but she did not see il In his hand when
be struck Luwayne. He struck Luwayne with
or four times. After Luwayne was Knocked
9. wn he got up and went away, but witness
did not see where he went Did not see Little
strike Leach or make an effort to do so. Did
not see Justice Walter do anything. As soon
as he came up witness went into the house,
which was kept by Jennie Reynolds. Does
not knew how long Walter was there. nor
where Little and his party went 10. Witness
MADE Llttle's acquaintance q year ago al No
Marble Alley. She was In Miss Jennie
,synolds' employ.
capacity.
Mr.. Bradley objected 10 the question: arc ths
Court seemed To think ii was hardly necessary,
under the circumstances.
Mr. Darlington then asked witness what her
occupation was
&itness:-"ioq might suppose what my oc-
cupation was IL lived there"
Inc Contamination YVES then continued.
aru she repeated that she saw Lynch at be
head OF the stairs in company with his lady
Ida Stewart. After Lynch went out she did
not see him any more that night. She sa~
Lewis again when he brought Leach TO the
house She also saw Justice Walter az ain, FOX
ne came from the drug store to tell her Leach
vented to see her.
BY Mr.. Observation-Disclosures knew IL was Jus.
uce Walter coming up the alley on horseback,
because he had before been riding with them
The witness then retired, but was subseo uent.
ly recalled and asked what had become of Ida
Stewart. Witness replied that she was in Bal
timore, and she supposed was sent there by
officer Lynch.
The answer was objected to, and the Court
ruled IL out as testimony.
ACCIDENTALLY PoIsoNED-A little son OF
MI Norton OF the Census Bureau, died few