Evening star. [volume] (Washington, D.C.) 1854-1972, 1864-04-15
LOCAL NEWS.

The TcELL MURDER TRIAL.-The trial o
Cornelius Iuell, charged with the murder O
his wife, was resumed this morning befor,
Judge Fisher. There was q larger attendan ct
AT the opening of the court than was presen
upon any previous morning.. Among other.
Were some female friends ul the prisoner, whe
DistrIct Attorney Darlington stated tina, ne
found the name of the prisoners son upon The
lndIctmeR AS one OF the witnesses. Ii was An
embarrassing act 10 place the boy upon the
ST nd TO swear in The ease, but as he had been
hs retotoSe used AS u witness, he (the District
Attorney was relieved Of much OF the en-, bar
ssment attending the act Of placing the soa
upon the stand. TIE bow was the ouly ysitnes Is
10 the crnRe, and although the duty of using
tie hoy as a witness was a most painful one h.
Vt iisyed the ends OF justice required it.
MIR. Bradley said he did not know what the
Cd Id would prove, but he did not desire TO
have the boy 20 out with may be a rsproa CHI
upon HIM. Ii was serious matter To use tbi :
iestimony-a most heart rending task, and ne
hol ed The District Attorney would la fully
sa'istied that his duty absolutely required i'm
To phase the witness upon the stand before tie
did
Willie KA Bradley was speakiug the pris,
oner seemed TO he much affected, and shed
iears-aud his feelings were so wrought uD
that he even cried aloud. 1t was an affecting
time, for the court room was crowded, and
many SIZED tears; while even some OF the bailiffs
anu officers OF the court, VI no day after day sea
trials OF criminals and affecting scenes. had
Q C sion 10 force back the tears. The Jury also
seemed se4Sitly affected + g.-
Mr. tendal (toT The pruSecution) SAID he felt
II his duly, AS "a lated with The proSecu ton
III this case, TO make a statement. Nothing
could b. more painful to himself ard the Ibis.
trict Attorney than the obligation they were
under to place The boy upon the stand. Ii the
boy saw all the circumstances, it was due to
all people and jUrr-that all the facts should
be brought out. He dad not know what the
boys testimony would be, out lie did not see
thar any rep-oach could attach 10 him. 1t WAS
due TO the inry, who had solemn duty to per-
form. that all the testimony should be ELECTED.
The boy was then called in, aud taken he
side Judge Fisher, who closely questioned
him relative to his understanding OF the So
lemnity OF his position. The appearance OF
the hoy was the signal for another outburst of
evidently heartfelt feeling on the part Of the
father, who looked upon his son really with
something like affection. The boy was also
much affected, and shed tours, exciting the
sympathy and pity of all in the court -
While the Judge was conver>ing with the
hoy, Mr.. Bradley stated that If the boy was not
used as witness the defendant would waive
all right TO argue in the prisoners favor that
the prosecution mad testimony they refused TO
produce. 80 t*'
Aftersome further consn ltation with the boy,
the Court stated that he found the boy most
liz .eiligeAt one. He should IN We been glad il
he had found not sufficient intelligence TO JUS
lily the admission of the ties tmonY, but he did
NOT see how he could disaIlow the testimony
as being incompetent Let him tell what he
knows, and let the jury take it,for what it was
worth.
Mr. Darlington said his duty was a most
painful one, and one he Sincerely wished he
did not have to perform; but it was due TO ths
public that all the facts should be known. He
MIR. C., would have been well pleased if the
testimony had been decided incompetent.
The boy James Tuey, bright lad Of ~ years
OF age, was then sworn and placed in the wit
nsss stand, where he gave way To much emo
on aud copiously shed tears, and showed
mu CHI feeling. Before he testified, Judge Fisher
stated that ne could not. in accordance with
his sense of duty, reject the testimony, as the
boy appeared 10 be a very intelligent one, and
IN fully understand the nature of IN OATH sBut
he would instruct the jury that the testimony
of a child of such tender years, no matter how
Intelligent he might appear to be, must be well
weighed.
Mr.. Bradley again addressed the conrt, and
desired 10 have the boy relieved of the nm.
pleasant position he occupied. He argued that
II required something more than mere idea
Of n crafty to censtitute a competent witness.
The witness should tss imbaed with full seu-
sIbiiity of the position IN which he stood should
realize that he was in the presence OF the
Almighty; and realize to the fullest ex.ens the
awfNiresponsisiiity resting upoa him. - ~