Evening star. [volume] (Washington, D.C.) 1854-1972, 1864-02-09

market, which was passed.
Mr. Ellis stated th al the amount appropriated
was not SD iicient-the lowest bid being sa2, ,OoO
| Mr. Chas b. Church.
Mr.. Garfield, from the police committee, re-
| ported the hill providing for the appointment
OF additional police magistrate, and to create a
new police district, and asked that IL be put on
Mr. M. Larner moved to postpone the con-
sJoerHton of the bill.
Mr. Garfield said that the Board OF Police
had appontsd four police magistrates for the
entire city.
| Mr. M Larner stated that that fact was a
reason why action should be postponed He
thought the bill was introduced 10 aceommo-
| dete one Individual.
The consideration Of the bill was postponed.
Mr.: Canfield, from the police committee,
| asked TO be discharged from the further con-
sideraticR OF the resolution lnstructing them to
laws relating to licenses, with a view Of in in
| crpaspg the revenue. Mr.. @. stated that in the
| opinion of a majority Of the committee the rate
OF licenses as now fixed by law is as much as
| the business community should at this time be
| taxed with, when the heavy Government tax
fs taken into consideration. They are opposed
| to raising additional revenue without any spe
| cial object 1t is true that our expenses have
increased but the increased revenue more than
overbalances. The committee We're discharged.
Mr.. Shepherd tmarkets committee) reported
adversely on the bill regulating the sale of
fresh meat, and the committee was discharged.
| Mr.. Shepherd (health comnlittee) stated that
| the bill (Aldermens) providing for gratuitous
some OF the committee, and moved it be print
| ed and made the order for Monday next, which,
| after Mr Shedd had proposed an additional
section, was carried
The bill from the Board OF Aldermen for the
| more general lighting Of the city with gas, was
ordered to be printed, and made the special or
| The substitute adopted by the Aldermen in
lien Of the bill passed by the Council, to license
! vendors of old barrels boxes and bones, was
| passed. Adjourned.
| THE MURDER OF DENNIS SHANAHAN-We
have given the particulars Of the trial of Jere-
| mah HendrIck, indicted for the murder of
| Dennis Shanahan, resulting in a verdict OF
| murder in the first degree. Hendricks, a team
| ster, it Will be remembered, had a diff culty
| with the Shanahans about an old stove he had
| purchased OF them, and Hendricks went to
Shan8hans house at night, and after some
words, Hendricks plunged knife in the stom-
| ach of deceased end ran OFF, but the wife OF The
| deceased pursued him and two soldiers
tstf him.
Subjoined will he found the clear and intel
! fGent charge OF Judge Olin TO the jury in the
| case:
CHARGE OF JUSTICE oLIN
The prisoner, gentlemen of the jury, is in
dicted for the ime of murder. That crime
| consists in one person Of sound mind and dis
Cretion, that is in his right mind. and in the
| possession OF all his faculties,-unlawf wfully
| taking the life or another human being, "gith
| malice atorsthought," ana without legal ex.
cuse or Justification. That definition of the
| crime OF murder implies in the first place that
|
| ordinary faculties of human being in such a
way as to be amenable 10 the law for the con-
sequences OF has conduct. Ths.t is, he must
rot he an idiot, or a crazy man, but an intelli-
| gent being, capable of judging between right
and wrong. The act of killing to constitute the
| crime of murder must be done with malice
! atore Thought" What is meant by malice. in
| law is the Intentional doing OF a wrongful act.
In this case it is the Intentional killing of de-
| ceased, SheGahan, whether that Intention was
| fo1 med weeks, hours. or a lew moments before
| the act was done. is immateria, provided there
was the deliberate, fixed purpose of doing the
| act prior to its commission.
Malice, or ia other words, the manifest or
wicked tnsion to Kill, is a necessary element
III TIC u 'iiie =. ,uuruer. II may be express OF
| i'm Piled but whether express or implied, Is
the law terms it,) it must be clearly and satis-
| ffctcriiy proven. Express malice exists when
| it is shown by proof OF previous threats or any
| acts clearly indicating the deliberate Intention
| to Kill. Malice is implied, when the act css
killing is shown to be cone in a cruel brutal
manner, without legal excuse sufficient
| pi ocatIon, and evineing a wicked and de-
| PRAYED heart regardless OF human life.
Let NE illustrate what is meant in law by
express mailce, by reference to the testimony
in this case.
Now, in this case, you will racollect the tes-
tmony Of Owen Sullivan. who speaks of meet.
| ing the prisoner near the house of the deceased
and inviting him TO go with him up to his
| roomi and the prisoner followed him up to his
room, AT took q seat by the stove. And as this
| witness further testifies, soon as he had be-
come seated he drew out knife, resembling in
appearance the one produced here in court,
through Shenahan's body before he went 70
bed that night" and when demonstrated with
by the witness, and told ssthat il he did So he
would hang for IT," he replied che didn't care
d damn"
Now, you believe that testimony, it will be-
Tor you to say whether there is not evidence TO
satisfy you beyond reasonable dou bt that the
prisoner at that period of time had formed the
settled and deliberate purpose Of taking the
life OF the deceased. II You do give full Gre
deuce to this testimony, and so Conclude as tn
the intention of the party, and find that the
threat is subsequently carried into execution.
then yen have what is termed in law ssexpress
malice"
think need not on this occasion call your
attention to the distinction between mu rider and
the other classes of homicide, such as man
slaughter, dc; for see no evidence in this case
proving or tending to prove the offence charged
il: this indictment to be of grade less than that
OF murder. Still what the evidence is and
Whatit proves are questions OF fact pureIy
within your province.
think 1t, however, my duty to instruct you
as matter of law that were, though you believe
that the prisoner and the deceased came to-
sether at the house of Mrs. Conner at some
eight or nine O'Clock the same evening of the
homicide, and that on that occasion the de-
ceased said in the language of Mrs Conner .sI
have pistol loaded,'' that neither that IAN
euage or anything else that was SAID in refer
eEce to The controversy about the stove ought
In any way TO effect the character of the trans.
action which took place between eleven and
twelve o clock of the anne evening-the termi
nation OF this fatal affray.
Let me briefly call your attention to the cir
clnstances OF this case, with view of in
slrucnIg you as to the principles of law an
plcable TO it. II it be found to he true uoon
Tie testimony, and this is your pro vince, gen.
tsmen, that the prisoner after this controversy
about The purchase of stove, as attested by
the witnesses, arms himself with this knife,
(produced before you.) is seen in the vicinity
OF the house of the deceased, makes the delib.
crate threat, IN the presence of Sullivan, OF
killing him, gees TO the house OF the deceased,
and calls for him TO come out, and then, with
out an effort on the part of the deceased, or
any exhibition of violence, such as would an
scme great bodily harm, he stabs and kills
him. il is murder. sss
Let me see, gentlemen, If can make this
versy IN respect 10 the siove, the de eased had
said, Why, have a pistol at home, and
wherever you want 10 fight ] ready to
fight yop," and the prison aeceptinz of the |