Evening star. [volume] (Washington, D.C.) 1854-1972, 1864-01-29
LOCAL NEWS.
kNusHMENrs ro=NIaHr.

GROWERS THHATER.-M'lle Nestvali will
tonight be the recipient of benefit and will
appear as ssAnesandro Massaroni'' and as
"Count de StFetge," in the beautiful drsma
OF 1.-THE Brigand" This play is replete with
beautiful songs, which will be executed in fine
style by the charming benef clare Mr.. Grover
has a good company, and the cast OF character
will be such a one as to fully sustain Vest.
vail.
EoRn's TBEA7ER. This is also beneti
night al ForG's, Mr.. d. p. Bowers being the
recipient. She will appear for the fifth time
as LADY Audley," In "Lady Audley's Sc.
crft.'' She could not have offered a more n :.
cepiaoie entertainment, tor the patrons OF Mr.
Ford seem not to nave tired the least of the
drama. a fayorite farce will conclude the en-
teTtainment
CANTERBURY-Eva Brent and Ernestine de
taiber VIII TO. night appear In song and dance;
the King Brothers and Eagan and Edwards il
ysriety of amusing Ethiopian acts; George
&c miIne, song, ga. The comic pantomine-
.iSehoolboy trolies,' will conclude the enter
tanment.
FAEIETIEs.-The regular Concert Hall en-
ter.ainment viii be given TO night again, and
III addition to it Mr. Fitzsimmons' new drama,
g. The Skeleton Accuser," will also be per-
.oTmed in fine style. Those who have q taste
for the mysterious should see this play
RYLAND CHAPEL FAIR is still in progress in
the basement Of the new edifice, and is a most
interesting place to visit; tor the ladies man
aging he fair are agreeable and entertaining,
and IT is really pleasure to dive down into
ones loc3ket and make pureh asses from them.
Prov. DENCR HOSPITAL FAiR.-The Sisters
OF si,s Charity having charge Of Prov,dence Hos
IN order TO raise funds TO clear off the debt
necessarily contracted in getting the institu-
uon under way. This is most laudable OBJ
ject, and should be helped along AZ
~-h .+...r OK
TRIAL OF FRANCIS O'TooLR ON CHARGE
OF MURDER.-After our report closed yester.
stand, and testified that he attended Mr. Samuel
Stevenson at his rooms at the National. Only
saw him for short time. When witness first
saw Mr.. s: his head was much swollen, and
ne was sufer1ng with erysipeIas. Stevenson
died forty eight hours after witness first saw
MN Witness coald not say positively what
wound until the second day OF his attendance
Ihe mead was too much swollen for witness
TO form any opinion. Witness treated deceased
Tor erysipelas without knowing the cause, but
after making an examination, he was inclined
10 think the wound caused the erysipelas.s At
the time witness saw deceased there was no
occasion TO make a local application Il was
100 late to do so. When witness first ay Stew
enson the mind OF the latter was perfectly
clear witness considered Stevenson IN a crit.
cal condition, and mentioned the fact to his
friends. -0
Dr.. s. E. Du6eld, practising physician of
Fulton County, Pa, testified that he happened
10 be at the National Hotel, and was asked to
see Stevenson. Found him suffering with the
eryslpeias. but made no examination of the
wound. DR.. johnson was at that time attend.
ing deceased. Witness saw that Stevenson
was in dangerous condition. Saw the de-
ceased q day before he died, and consulted
with DR.. Lindsey, both of WHOM pronou need
the case dangerous one.
Gross examined:-Last time witness saw de-
ceased there was a little delirium. Witness
ing down the throat. Witness believed deatn
ensued by a low typhoid condition supern-
duced by erysipelas. The immediate cause OF
death witness believed to be inflammation of tne
throat
Mr.. J. H. Stockton, dealer in suffers goods, at
ao3 Ninth street, testified he knew deceased,
aud co 6r1rfn tic lr,n1
occurred on Monday night, and witness saw
Mr.. Stevenson on Wednesday morning follow
ing. Or. Johnson was at that time attending
deceased, but the latter was dissatisfied be-
cause johnson did not come oftener. Witness
attended upon deceased all the time Had
conversation with deceased on Monday, before
he died. Stevenson said he did not believe he
could live forty. eight hours This was on
Monday, at IL O'Clock, and Stevenson died
at * o'clock the next morning. Stevenson
told witness that he was very ILL., and could
not recover. On Monday evening, about 8
O'Clock, had another conversation with de-
ceased That was the last con Eersation ex cept
imme diately before his death. AT s O'Clock he
repeated that he knew it was impossible for
him to live. He repeated the words, "could
not live several times On Monday morning
witness told deceased that the physicians did
not speak very encouragingly OF his case Wit
mes then asked him the circumstances attend
ing the quarrel ....- 49,
By Hr. BradLey.-The mind of deceased did
not wander Iili TWO hours before his death; and
the ineistinctness of his talk then might have
u. u.
Lindsey came TO see deceased twice on the day
he WAS called in, and three four times the
day before Stevenson died.
Mr.. Darlington here proposed to offer the
dying declaration OF deceased.
Mr.. Bradley thought it was first necessary
10 prove that the mind of the deceased was In
conoi ion To fully appreciate his position;
and read from Greenlea,'s evidence to sustain
his point.
DR.. Lindsey, recalled, said he thought the
mind of deceased was perfectly clear, except
upon his last sit which was at 10 o'clock the
might before he died. Visited deceased or 7
Times, and saw no mental alteration.
Mr.. Stockton, recalled and examined by Mr..
Bradley. When l had the first conversation
there was no one present. Stevenson broached
the subject at IL O'Clock on Monday, by saying
he did not think he would live AZ hours, and
witness told deceased the doctors did not speak
encourageiy of his case. At that first con YER
salon Stevenson, said what he would do If he
got well.
Mr.. aired Tidbau testified that he had con
versalion with Mr.. Stevenson on Monday eve
ming, and the latter said he believed he would
die. Had NO conversation with Mr.. Stevenson
on Monday during the day. In the con versa
tion had. MIR. s, said nothing abcnt what he
would do if be got well.
Mr.. - E0Rd, had a conversation with de-
ceased the evening before ne died. On Sunday
evening Stevenson SAID he mad only Ii hours
to live. On Monday evening also deceased
appeared TO think he could not live hong
The esfimony OF the last three witnesses
was elected to lay the foundation for introduc-
ing the dying declaration OF deeeased.-Rep
The conrt adjourned without deciding the
point, until Q o. clock this morning
THE DECISION OF CHIEF JUSTICE CARTIER
IN THE CASE OF WHITNEY. Yesterday morn
ing, ChIef Justice Cartier, in the case OF LIE ii
Whitney, who was arrested a fugitive from
Justice from California, and who was brought
before the court on a writ of hGjeas corpus
dismissed the prisoner, es we yesterday an
nouncsd
The Court decided that the equis ition was
defective, wanting the essential element of be
ing directed to the Chief Justice of the Dis
Twin hN NM dor ed nah oh, ttos, %.
sIoEd to IL an attorney is to a power OF
attorney; that 1t did not contain thu authentic
PROOF, as the law Of Congress requires. OF tbs
proceedings against the defendant; that the in
dicIment was not against the defendant by
name, snd the Governor (of California; failed
10 show that the defendant was tine same per.
son as the one Indicted; that the mlttimus was
defective, in that II described no crime; that il
is crime known to the Law that man is q
refugee from justice; that it is ti.e duty of the
Chie1 Justice or any other magistrate of the
law TO arrest fugitive from Justice either be
fore or after an Indictment has been found un.
der reuuisitIon or in anticipation OF one II
the facts had disclosed the impOr+opt rasnE