Evening star. [volume] (Washington, D.C.) 1854-1972, 1863-01-06

for the prose cution, and explained the law 10
the jury, and stated the facts hs would prove.
Inc particulars OF this case were published in
the Star at the time Of the m urder some four ny
nve weeks ago. The prisoner is q good look
ing negro, about twenty six years Of age He
appears IN court very well dressed, and the
prisoners box Is surrounded by q number of
MS colered friends, male and female
Dr. ~ Nermdn was the first witness called
ne tfsnned to the factof making post mortem
examination OF the body of deceased. He found
fracture on the left side Of the head at the
POINT where the back and side bones of the
bead meet. Tho external and internal tables
Were ooth fractured. The bones were fractured
badly, and grated when rubbed together 1t
was compound fracture, and one blow had
EVIDENTLY done all. for If two blows had been
struck there would have been two exterior
wounds. The wound was evidently inflicted
/ py blunt instrument and death was caused
by its infection.
julia Casrdy, sister law Of deceased. WAS
next sworn. Mrs. Cassidy keeps grocery and
liquor stc.e on + street, between Eleventh and
Twelfth. On the night OF November 4th, three
|, colored men came to deponents house between
seven and eight O'Clock. They got some liquor
and offered one dollar bill, which witness
eaid was counterfeit. As this party As lea wing,
Anderson and q colored companion named
Chase came In and got fifteen cents worth OF
liquor, and offered in payment five dollar
note, which witness refused to change. Ander-
son then attempted to strike witness and she
called upon her brother-in.law, who was up
stairs reading TO a sick man, to come to her as
sistance. Deceased was always q quiet man.
anu Witness asked n1In II ne was not as aIned
TO see negroes abuse her. Some of the men had
locked the shop door and thrown the key away,
and she was therefore obliged to put them out
the back way. Deceased followed them, and
All he said was not to insult witness; and w lille
ne was standing under the door, Anderson
struck him two blows with q club. Witness
then took decreased into room and laid him
doWn, and he died the next morning between
ten and eleven o'clock. After the prisoner
struck deceased he went out the alley gate, and
snort time afterwards came back and pitched
witness out OF the door.
On cross-examination by Mr.. Norris, the
testimony as above was reiterated. Witness
explained that she let. the negroes out tho back
way because the key of the door could not be-
fouLd at the moment. Subsequently, the kew
was found, and witness opened the door to
attend npon customer, and it was then that
ANDERSON returned and pitched her ont, Wit
ness had frequently seen the man that struck
her brother-In-law standing abou. Wizards
witness rrtai Ged the five dollars. and said she
would not give it up until the LIQUOR the me-
groes had purchased was paid for.
Julius Wallace, colcred, testified that Ander-
son and Chase came into stephan Talty's, on E
street, between and o'clock on the night
Cassidy was murdered Anderson carried a
clhb in his hand. He asked for Aleck Moore
he said the woman had thrown a weight at
Aleck, and the latter went of; and that man
came down stairs and tina he Anderson struck
him on the head and had killed the damned
freshman, and that he had thrown the woman
out OF doors.
William Delaney, colored, testified that on the
same night Anderson and Chase came into Kel.
leys saloon. Aleck Moore was then getting
his head dressed. Anderson remarked that he
had knocked the Irshman down and that he
had killed him, and light to have killed the
woman too. Chase replied that it was enough
tnat they mad put her out Anderson said he
struck the man twice. This was between s and
@ O'Clock.
Richard AsrshaH colored, sworn-He saw
Anderson on the night of the murder at the
house where witness kept bar. Anderson said
ne had a fuss on street. that some one locked
me door on MN, anu man came down and
struck at Chase, when he (Andrrson) knocked
the man down tor dead. He said he went back
afterwards and put the woman on the pave
ment He said he went in there, and some
other persons were there quarreling about
dollar note, and he asked that some one let him
out, when thy called the gentleman who was
struck down stairs Anderson's excuse was
that he had to do it to get out. The prisoner
had the stick in his hands at the TINA com mon
walking stick. Chase was with Anderson at
the time of this con yersation, and both appeared
as ii they had been drinking. This con yersatiou
occurred in Steve Talty's, near Growers
Theater, where tire witness was employed.
Wallace was present and heard the converse
ton. Prisoner said Aleck Moore was with
them and run awny.
A. II. Voss, pa,roimen, sworn.-Witness as
sisted in arresting Anderson on the 6tf of No
vemter. When ne was taking him to Jail
woman couldn't swsar to him. Three police
men went after him, anu Heating arrested MIN.
When Mrs. Cassiday first came in the magis-
trate's office, at the examination, she said Chase
was the man, but when she saw Anderson she
said he was the man. She said two OF the
at her house were black, and the rest yefio ".
The prosecution here closed.
Mr.. Norris asked that Arthur Chase, who is
jointly indicted, he examined for the defence,
and it was decided that he was a competent
witness. The defence expected to prove that
the offence was a justifiable homicide, commit
ted while riot was then going on, Il which
the woman was engaged.
Arthur Chase sworn-Witness went with An
derson about candlelight TO Mrs. Cassidy's
house and got drink, but did not see any one
there but the woman. After they had drank he
went TO his employers, near the market, and
Anderson went up Eleventh street. Witness
Con know nothing about the fuss when Gas
sidy was struck Did not see Anderson until
the following morning. nor WAS he in kally's
or Taltys that nj ght and did not see Duaney,
Marshall or Wallace. The latter came the
where he was at work and pointed him out,
and he was arrested. Mrs. Cassidy, at the ex-
animation, said that he (witness) was the one
" no struck Cassidy, and afterwards said An
derson was the one.
Mrs Julia Cassidy rec allied, flor the defence
Witness does not know Aleck Moore. Three
them nsulted her, when she threw weight at
him. At that time the door was wide open.
John Goss and John Fl. SteWart testified to the
good character of the accused.
Ann Shipley, colored, sworn.-Witness saw
the accused on the night before he was arrest
| ed at his home, on street, between Ninth and
Tenth street; he came home between and 10
| O'Clock.
| Agnes Stes0ort, colored, sworn.-Witness lives
| on the Island, on q street, between Third and
Four and a. half street, and the accused, with
q man called Chase, came there about six
| O'clock the night before he was arrested, and
staid there until nine or half-past nine o'clock.
! white lady was at the house Al the same
! time.
Mss Emma Wilson (the "white lady" referred
! TO above) corroboratad the preceding witnesses
! testimony. This witness, when closely qucs.
toned as TO her business, declined to tell. She
! stated that she had lived In tbs city about ten
! yeaTs, but ha no particular residence.
| The case was then, At % minutes past .
| o'clock, given to the jury, without argument.
The instructions offered by the defendant were
! modified by the court, and as follows, were
! granted:
/, II the jury fnd from the evidence that there
| was an ARRAY at the place deposed TO by the
| witne sses In this case, and that the deceased
! and The prisORer were engaged in that ARRAY,
; and that during such ARRAY the prisoner struck
! the deceased with q walking-s stick which he
| had in his hand, without any previously formed
! purpose to kill him, the killing will amount 10
! manslauRhter and not N urder,