Daily national Republican., 1863-10-01
LOCAL AFFAIRS.

The REILLY HoMICIDE.-The Criminal Court
met this morning at 10 o'clock Chief Justice Carter
on the be ich.
The counsel for the prisoner, J. Bell Adams, Esq
laid before the jury the defence. After stating
that not the act but the motive, the intention con-
sti,uted a crime Id ssnot the killing but ieloni-
Gus intention, malice atore,hought, constituted
murder, he said that he ould prove that the dc.
ceased and the prisoner, In company with two
other soldiers belonging to the same company,
arose early the morning OF the list Of July (the
day on which the deed WAS perpetratcd) with the
desire to visit the city. The prisoner and the de-
ceased were comrades, slept In the same tent, and
between them existed close intimacy. They
were friends when they reached the unfortunate
locality, unfortunate because II was the scene not
only VI M'ey's DEATH but Of the prisoners arrest
II ey were friends up to the time Of the occurrence
| which resulted In Rcily's death and which WIS
provoked by Reily's malignant spirit. The de-
ceased WAS man Of paramount power and extra
| ordinary strength, and II could not be expectei
that the small and weak prisoner should submit
| to Reily's smArting blows without resortipg to
other means Of sef-defcncc than physical prowess.
The following 10 the testimony On tho side cf the
defence:
| Patrick Gray testiHed-I belong to company =,
| of l3,h New York regimentj I knew Philip Reilly
ever since I enhstedj have known the prisoner
so%s S a,y s i.%S Ss to ssns
loon, wheie we got lager beerj remained til II
O'Clock; Philip Reilly and went down town and
| drank beer several timesj can't tell how often
| about or 8 o'clock returned to Eshcr's; the de.
ceased was with me; ] found the prisoner there
Norris was also there, put ,,sS nsS Ssen "sesP; W.
as good Tiends as early in the morning, when they
went out; after ate dinner went to bed at Esh
we had our revoivers; had them after dinner.
Thomas Norris tesiihedIi know the prisoner
did know the deceased; belong to the same com
| NV hplnnQrd. I 0nt tnt be-,
with Comeior,i about the 18th Of June, with Rile,
at the same tiuej Reilly WAS a strong, powerful
and sept in the same tent they were friends up /,
The time they took the last drink, CYmeford
left camp that morning without leavej Comcior
fed Reily's horse; we went TO Eshei's house, Ol
seventh street, los breakiasti about O'Clock w
got to Esher's and drank lager beer; Esher waite,
On us, .f,er breakfast Gray and ! went to 50
| some clothing and some necessaries, and toll
the prisoner and the deceased to wait there
they did so, and were there when we rsturne
fricnds as ever; after ii o'clock we went on tn
p.vementi prisoner and l went up the street; ds
ceased and GTsy went SnS1hsf w.y w.i ss
| Comford and J. after drinking several times, rt
turnedj the prisoner was what would call ncarl
drunk we found there neither iteily nor Grayi W
, to sleep; when | awoke, the other two had re
turned and had dined with ComefoId; I aSok
to the bar-room, sol some liquor not as muca a
we wanted, nor the kind; Reilly and Comelord eon
mt need spsrring; Reilly pulled Comeiord's whisker
. | heard them, and went away to q store nearby;
then heard several reports ol pistols Reilly did nj
appear 50 drunk as Cumeford; he hadn't drunk 9
:.es ssp .Hs
l. last saw him; the arms were loaded
n Cross-exsmined by District A.torney-Wo ha
. our Tovol eis In our beits;we had them all d.
Il when we were going about the city; Reilly had
:. pistol when engaged Ia spsrringi was In clot
> ing storej came out when heard the reporti I
ol turned to the store until things became cool WI
afraid that a provost guard would come anu tn'
us; | saw Reilly when dead; did not notice wheth
d he had his revolver; was thinking not oi the pis'
but oil the mans lite.
J. Sergeant Baker testified Il know the prisoner a.
l. deceased; they belong to the same tomptny M
i. bten acqusinted with .omeiOrd since June ist
:, was acquainted with Reilly, not Intimately, oeiu
~ that time, but knew by sight when woniu !
him, in New York; keiiy was strong, weighea
pounds, AS inely-built man as ever saw he "
r. about feet II 4 inches; have teen MN tly'n !
II. pick quaIreis; he as quick-tempeieai put ne
=. under guard on one Oovasionj dd IL ior MS ~
u reisome disposition and urunkennessi saw he
81 in a fight IN the Iwenty.seooha wary, Nc" ~
Capt. Taylor testihed-aiey was a very tou