Evening star. [volume] (Washington, D.C.) 1854-1972, 1863-10-23


half OF the policemen In Washington would
do-arrest the black man because he is black.
This prejudice not only was common with in
6ividuafs, but often entered the jury box, and
sometimes was enough for the jury TO zee the
color Of the prisoner In his box to ensure his
conviction.
He then reviewed the evidence, contendiug
that there was none addsced 70 show that the
blow killed the accused; IL had not been testi-
fed that there was mark on the body; there
should have been q post mortem examination
held upon the body. The deed, In his opinion.
was committed in self defence. and verdict
OF acQ uittal should be rendered. He closed by
urging the jury to thrown aside all prejudices
in making up their verdict.
Mr.. Darlington. the District Attorney, closed
the csse. He repelled the imputatons that had
been cast on the citizens of Washington and
Washington juries, as unjust. There was no
more prejudice among us than In other cities.
this place, and so there was in Baltimore and
other places; and yet when the call was 10 ade
for volunteers, and our city was in dap ger.
our little District furnished more men than did
any State in proportion to its population.
The people of the District were an honest,
high-minded people, and bowed with submits
sion to the laws; and when the old courts were
Dunlop at the head, they all regretted it. and
some shed tears, but when the new judges came
on they all received them with cordially, and
ne would testify that they Were worthy success
sors Of the old judges.
It had become a fashion of some to abuse
this people, but he would say to the gentlemen
friends of the colored people thew must not
attempt to do so by melting the prejudice OF
the white people against them. He we'll knew
that the colored race were many of them re-
spectacle and intelligent people He would
repel these imputations whether made through
Ignorance, fanaticism OF malevolence and asked
If parties were to be imported from the nortA
He then proceeded, in a forcible manneY, ~
review the evidence, and defended the ts-ti>
mony OF Mr.. Devaughn, who haa lived here 60
long as to have the respect Of the whole COM
munity.
Judge Fisher then delivered an able charge,
reviewing the testimony and stating the law
case at 80 and retired to their room.
As soon as the jury left their box Mr.. Day
rose and informed the Court that he had been
father Of the deceased (Mr. Kinsey) had threat
ened to take his Mr. Days. life, and he asked
the protection Of the Court. Kinsey had sworn
Mr.. Kinsey denied that he had made such .
threat al alleged, and stated that he WIS ready
to give bonds II required.
Mr.. Day asked II he had not made threat
Mr.. Kinsey replied that he had not, but in the
heat Of passion he might have said if he had
possession Of the boy and counsel he would put
them in q place where the law wouldn't nrad
Mr.. Ford expressed surprise that Mr. Day
should ask that Mr.. kinsey be put under bonds.
Even if he had used the threats, he was salts
fed that he did not mean them. Some allow
arce should be made from the fact that Mr.
Kinsey was the father Of the deceased He Nhs
speaker) had no fears of Mr.. Kinsey putting his
threat into execution on him.
Mr.. Day then withdrew the request
The jury then returned. having been absent
fifteen minutes, and rendered verdict of man
slaughter, and the prisoner was sentenced to
two years imprisonment in the Albany peni-
tertiary, that being the lowest term allowed
by law:
Day asked that the lightest sentence be passed,
in view OF the tender age of the boy, and facts
in the case, and in this request he was joined
By his colleague, {Mr. Ford,) the District At
torney, and the jury.
FURTHER TESTIMONY IN THE DIXON AND
McGILL CAsE.-It will be remembered that IN
tie hearing OF the evidence in the Dixon and
McGill case by Justice Clayton, postpone
ment was asked and agreed 10, because Of the
absence of important witness. Last evening,
y. q. Durand, a witness sought for by Mr..
Dixon's friends appeared before Justice Clay
ton, and being sworn, testified substantially
that he was the foreman and interpreter Tor
larceny OF the hair braid, alluded to in he
former hearing. Witness recoIlects the lady
well. She was Of dark skin, dark hair, and
black eyes. 1t was long after Chri- tmas-in
February or March, and fine, clear dsy.
About two or three days after this, McGill ccuis
into the store, and witness had conversation
with him. McGin said he knew the family OF
the woman that was with him. He SAID she lived
near the store, on I street, and told her name,
but witness does not now remember it, but
knows II 1t had been Dixon he shoald have
asked if it was any OF Major Dixon's family,
as witness had lived in Warrenton five years,
next door to the Majors sister. Knew the
the family. Witness has known Major B. here,
and has been his barber at times: and the fact
would have caused HIM TO remember ii the
name had been Dixon.
Witness was now confronted with Susan w.
Dixon, and said positiyel- she was not the
woman with McGln At the store at that time.
has light hair, blue eyes, and lair skin; tte
other woman had dark hair. black eyes, and
dark skin.
Durand will be sent to court to testify in
the cases there. We he3r that two .rdict-
ments have been found by the Grand Jury
against Dixon for assault aud battery, with
intent to kiln. anG one against him for libel end
that G.. W. McGiM has been indicted for LIBEL
A PROVISIONAL GAMBLER SENT NORTH
Yesterday, the Provost Marshal OF the I'd Divt-
onnS Wsn
the army lines without q proper pass The
statement Of the Provost Marshal OF the I'd
be was with the army for the purpose Of plying
his vocation He was sent to the Central uard-
house, and was ordered to be sent North, and
not TO return until the close Of the war
ACcIDENT.-Yesterday, about X p. NJ, Mr..
a. Henning, bricklayer, employed on the new
police station house. Fifth Ward: fell from the
feet breaking one OF his legs above the knee
and disiocating his shoulder, end injuring him
considerably oihsrwise, He was placed upon
man Meredith and officer Bell.
TIE SNTHsoE CoURT-MART1AL.-Thise court
was in session again this morning TIE coun-
sci for accused stated he had net been able to
ind certain Witnesses for the defense, for whom
summons had been issued, but that he expected
yet to find them, and asked an adjournment of
the court to Monday, 18th inst, which was
granted, and the court adjourned accordingly.
MORE TRooPs-Last night, the 18th New
York veteran regiment; numbering $50, from
New York city, under the command Of Col.
Grower, arrived at the Soldiers Rest. There
has also arrived 66 conscripts and Is deserters
for i46th New York, and rs conscripts for 10th
Pennsylvania.
STRAY CHILD.-Yesterday afternoon, Oficer
Beall found small boy, with light hair, aged
about four years near the Navy Yard market,
and the police having no accommodations for