Evening star. [volume] (Washington, D.C.) 1854-1972, 1864-04-18
LOCAL NEWS.
ADJUSTMENTS TONIGHT,

AMUsEMENTs TONIGHT.
GRoV ER's THEATRR-Mr. Grover is about
for q few nights to delight the citizens
OF Washington with his fine Philadelphia
company, ana will give a change of pro.
gramn nightly. To night will be performed
the great Irish scenic drama The Colleen
Bawn, one OF the most popular and at the
same time one Of the most beautiful of modern
plays. -
FoEDs THEATER-The three hundredth An
niversafy OF the birth Of Shakespeare will be
honor the event Mr.. Ford announces an unn.
sual number of Shaksperian PLAYS for the
present week Mr.. Forrest will tonight again
personate "Hamlet," and for the last tina.
To morrow night we will have Othello."
CANTERBURY.-Ms Manager Lea offers a fine
bill for the present week, and as the ne " ban.
tomlme :. The House that Jack Built" has met
with such decided success that 1t will be re.
peated Among the performers are some of the
best or the concert Hall profession.
VARIETIES -The ballets =" Flowers of Erin"
and the :. Floral Offering" Will both be per.
formed night; Also the new ethiopian act
tne "tay CHANDELIERS" and the comic panto.
mime . Mons Dechalumeau." Lima Windell,
Maggie Friel, Augusta Walby, and all of the
Old performers will appear.
METRoPoLITAN HALL.-New faces, new
Tor the present week Larry Tooly and Billy
Thomas Wall both make their appearance
while it will be satisfaction to know that ali
OF the old performers remain.
TIE TRIAL OF CORNELIUS TUELL PoR THE
MURDER OF HIS WIFE-He is Found Gui,ty-
Ings OF the criminal court in this case Concluded.
Mr. Bradley, for the defence, continued the ar.
gument. reviewing the evidence in a mastery
character had been proven, with the deceased,
who, without sympathy with his hopes, drag.
ged him down to daily shame, and argued that
these facts were OF some weight in counterfeit.
ing clrcumstantal ev dence Of malice by show.
ing what broke the prisoners health and over.
whelued him with brief and terrible mad
ness.
Shortly after five o'clock, District Attorney
Darlington began the closing speech; and ne
referred to the evidence Of the boy, which was
and he explained how easily could the color of
An object be mistaken when the moon was shi.
ciples how the coffin, Of freshly vanished
wood, and with the lid imperfectly secured
without white covering, might have looked
white TO the inf1an1ed ina gination Of the little
motherless gazer in the moonlight, at the steal.
ing OF his mothers butchered body. To the ar.
gument that the wife was adrunkard, he asked
Kill her for being drunkard, but if the worst
was trne could it palliate! MT Darlington
closed at near seven O'clock
Judge Fisher then charged the Jury as fol.
lows:
Gentlemen Of the jury: The cause in which
Tor several DAYS you have been engaged is on a
charge the highest known to law treason only
excepted. and that only because it wolves the
lives not of one or two, but of thousands You
have been empanelled to try Cornelius Tuell
charged by the United States with the murder
Of his wife, Jane Tuell. On this occasion of
awful solemnity we all have had, and, trust,
all nave selt, resting upon us the weight of our
respective obligations. 1t was the duty of the
District Attorney to present the case to the
grand jury, theirs to present it to you. The
prosecutor was bound to avail himself of all
competent and relevant evidence. The coun.
sells for the prisoner were bound to 8 vail them.
selves or every circumstance within their
reach and within their capacity to acquit the
prisoner OF the charge preferred in the indict-
ment. You, gentlemen, are bound to weigh
the facts detailed from the witness stand, and,
taking that evidence only, to apply to it the
lay as it snail be given you by the court.
outset, as simple a definition as can frame of
The crime OF murder; and doubt If could as
well do it in language OF my own as in that OF
books of the best authority.
He here read from Russell on Grimes the
definitions OF murder and mansIaughter, and.
gave numerous illustrations.
The Court here collated such of the facts as
had not been drawn into dispute. The evil
ience on which has been founded the chief
testimony OF several witnesses, but mainly that
of James Tuell, the little SON of the prisoner.
You are called on by counsel for the defense to
discredit the statements Of this boy, because Of
the tender years and conseq usnt liability of the
child 10 be betrayed by his memory or his
Imag III alton, and because OF the fact that he
was contradicted by adult witnesses. You
saw his manner, yon heard the matter Of his
tsstimony-the question of his credibility is for
you. You are as capable as l am of Judging
rs TO what impression the scenes OF that terri
bic night made upon his mind. You are to
Judge as to whether the impression was such
AS would be easily eftaced, or such as will go
with him as long mind and memory remain.
1t is for you, also, gentlemen, TO determine as
t9the veracity of the boy. You are to take into
consideration all that he said and compare it
with the testimony of the other witnesses, and
II You find other witnesses in whose integrity,
or IN whose correctness OF memory or under
standing, You have more con fidence, and if
Z so wiz
as to baie all your attempts to reconcile them
for you are bound 10 do this il possible-or TO
account for them, and discrepancies such as TO
create the impression on your mind that the
@cCouht which he has given of that evenings
transaction is untruthful because of his want
Of yeracity, then you are to give no weight or
consideration to his statements But, gentle.
men, let me say 10 you that no slight discrep-
aAcy viii justify you in this act There are
such discrepancies in the Gospel of our Lord
and Saviour Jesus Christ, aud il you We're 10
take mere discrepancies alone, without weigh
ing ard giving consideration to the main facts,
hs SnS y bs Ia fR thew
that witness has in one instance spoken
falsely, 10 throw out his testimony altogether.
But you must be satisfied from the evidence
hat ne has aaifully sa6reyted the truth, not
simply mat he has made mistake 4 x
nov, II you are satisfied, in the first place,
that Jane Tusl did come to her death by the
hands OF her husband. Cornelius TuaIl the
prisoner at the bar and if you are satisfied be-
y9nd a.reasonable doubt that he did inhictthe
paN"s Vi TIC bioW tiittt hlleu LnPn II Is no
longer Incumbent upon the Government TO
show express malice in order to con Wet OF
murder, but in the absence OF circumstances
Towing ont of and detailed in the testimony to
diminish, to lessen the offence of murder 10
msnslaughter, in the absence OF express malice,
in The absence of evidence to show that there
was Proyocation suffi cient and consequen pas
sion 70 reduce the crime from murder TO man
slaughter, 1t Is not Incumbent upon the CIV
ernment 10 show express malice That is the
duty OF the prisoner or his counsel.
Co the subject OF prOvocation, let me say
here. that the drunkenness of wife, or OF a
husband, or OF any other relative is not sufi-
tIfnt pro vocation tO excitea man or woman to
commit murder. No words can form a suf.
iheient proyocatiOh, unless they are words
which embrace threats against the life of the
persoo, and one accom- panied by acts which
show there Is q Likelihood ~ these threats be-
ing carried Immediately into execution. The
case is ROW in your hands.
Al * O'Clock the jury retired, and it was
-XnRct2d by the cnnrt and OfIicars that the iurY