Daily national Republican., 1864-01-29

was then removed to the heArse In waiting, the
following gentlemen acting as pall.bearers; Rev.
Meaurs. Cochel and Cox, Of the Methodist Protest.
ant Church, Rev. Messrs. Henninghausen and Sig
ston, Of tho Lutheran Churohi and John Rheem
and N. Acker. A the cofhn was being removed
the choir performed a very beautiful and Appro.
pirate piece, the congregation remaining seated
until II was completed. The oortege then pro-
oeeded TO the Congressional Cemetery, where the
remains were inferred.
THE O'TooLE MURDER CAsB.-After our pa
per went to prefs yesterday the following addi-
tional testimony was taken;
Dr.. HdrUcy LfVdslcy testified that he was the At.
tending physician Of Mr.. Stevenson, and that Mr..
$. was suffering from erisypelas, but he was not
informed OF Mr.. s. being struck until about forty
eight hours before his death, which was the only
time he attended him, and did net sec the wound
until about twenty-four hours before his death.
Mr.. died OF erisypelM, which he thought was
the effect Of the wound. DR.. gave an extended
account of his treatment In the case Of Mr. Steven
son. and stated that his mind very clear at the
time he commenced attending
Or. Samuel Z. DUN testiheI that he was al the
National Hotel about = week before Christmas,
and was requested TO go up stairs snd see Mr., ste
vensoh, who, his friends said, had an attack OF
oryHipolAs, and was informed that DR.. Johnson
was his physician. He thought that the case was
avery bad one, but Mr.. g. was not In dying con-
dition. About three days Afterwards he came to
the hotel, and was informed that DR.. Lndsley had
been employed, and in consultation with DR.. L.
they came to the conclusion that the case would
terminate fatally.
In answer to Mr.. Bradley, the witness gave his
opinion in regard 10 the different wars death may
bo produced by eryEipelas or typhoid condition.
J. II. SioekioH testified that he know the deceased
Mr. Stevenson, and saw him after his DEATH was
not present at the time Of the occurrence; the
deceased frequently during his illness at the Ma
tlonal Hotel. Or. Johnson was attending Mr.. Z,
but the deceased did not think that the physician
gave him the attention his case deserved, and
called in Or. Lindsleyj was nearly the whole time
in Mr.. s.'sroom. On the Monday before his DEATH
the deceased, 10 q conversation with Witness said
II was impossible for him TO live more than twelve
or fourteen hours. He died on Tuesday morning.
at twenty minutes to seven O'Clock. Mr.. 3. knew
that he was very Ill and could not recover. The
deceased stated, in conversation with witneta at
eight o'clock on Monday night that he knew 1t
was impossible for him to live. Witness told de-
ceased that the physicians did not speak enoour-
agngly of his case and asked If he had anything to
tell him The mind of deceased did not wander until
about two hours before his death, up to which
time he spoke nationally.
[Air. Bradley here quoted from Groenleaf on Ev-
ldence in relation to the declarations Of persons
in a dying condition
ceased was remarkably clear, during the seven or
eight times he visited him.
J. n. STOCKTON recalled; In the first conversation
witness had with deceased on the Monday morn
ing before his death, witness said ho thought he
had but about twelve or fourteen hours to live,
but II he got well, he stated what he intended to
do.
Mr.. AI,cd TidJaH testified that Stevenson told
witness an Monday evening, about 7 or o'clock,
that he had not long to live. Does not recolleet Of
hearing deceased saying what he would do II he
got we'll.
Mr.. - Boyd testified that on Sunday evening
he sat up with him, and deceased looked at his
watch and said he had but "a hours to live. On
Monday evening witness was informed by the
physician that the deAth-sweat was on him, and
he would not long survive.
The court then adjourned until this morning at
10 O'Clock.
FRIDAY, January 90.
Mr.. Bradley this morning alluded to the dying
declaration of samuel Stevenson and thought that
II was clearly inadmissible. He quoted GreenleAf
on Evidence, Section 1853, wherein II 10 observed
that a declaration made by a dying person with
any hope OF recovery il inadmiIEible as evidence.
He then requested the teStomony Of Mr. Stockton,
which was given yesterday to be read by the clerk
In order to show that Stevenson had hopes Of re-
covory.
Mr.. STOCKTON was then recalled by the District
Attorney to state, as precisely as possible, the
conversation between him and the deceased on the
Monday evening about II O'Clock, as to recovery,
Mr. stockton stated that the deceased said that II
he got well he would take care Of the case in his
own way. The deceased afterwArd said, and re-
peatcd, &C. can't live" Witness told him that he
spoke discourAgingly OF his condition. He then
told the occurrence for the first time.
Mr.. Darlington stated that to determine the
mental condition Of the deceased when the decla
rAtions were made, 1t was necessary to ascertain
the condition OF his mind prior and subsequent to
the conversation, and also the character OF the
wound, and that OF the disease induced by the
wound. To know whether or not the declaration
be admissible, the question should be asked did
the deceased have clear impressi OF impending
dissolutiobl
To Iubstantiate this opinion, Mr.. c. read from
Rosoocs Criminal Evid. and from the Cd volume
Of Leading Criminal Cases, by Bennett. Now, a. to
the wound and the disease, DR. Dufheld testified
that death would be the inevitable result. The
deceased WAS therefore, at the time OF the conver
sation, a dying man. The doctor knew the friends
Of the deceased knew 1t, and the question remain
did the deceased know III Mr. Z. referred Ia
Boyd's testimony to show that the deceased did
know 1t.
Mr.. Bradley referred TO the opinion of CHIEF
Baron Eyre, quoted by every writer on elementary
law, that the declaration must be made when every
hope OF recovery 10 gone, when no motive to false
ence OF his God.
THIS opinion was quoted, as also one Of Justice
Coleridge, in reply to a remark by Mr.. Darlington
that dying declarations Of no use at all iGthey
were iuadmlssible when the person dying had hope
of recovery. Hope springs eternal In the human
breast.n The deceased was not thinking OF al
eternal hope, but ofthe revenge which he harbored
In his heart,
ANOTHER RAILWAY PRoJECT.-Mr. Stiles in
trodueed In the House of Representatives bill ia
incorporate the Washington Depot and Potomac
Ferry Company. It authorizes the construction
of a railway from the Baltimore dep1t,vIa street
to Sixth street, to Missouri avenue and Four-and
A.HHlf street, thence by Four And'a-Half and \
streets south to the Potomac riVer the cars to b.
drawn by horse power, carrying passengers fol
ivo cents, and freight for ten cents per hundred
parcel of less weight.
The capital stock must be not less than $3.50, 900
nor more than s2OO, 900, in shares OF s26 each
The commencement Of the road is required In IiI
months from the passage OF the act, and hs com
pletion in six months. The corpeTators named ar,
columbus Alexander, Robert A. HoOe, George A
Bates, and Luolen Peyton. This road ia probably
to connect with the line Of boats to be run betweeI