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

TRIAL OF FRANCIS o'TooLE ON CHARGE
| OF MURpER.-CriminaE Court, Judge Oiin.-
| The Court re- sSembled this morning at ten
| o'clock, and Mr.. Bradley argued further to
show that dying declarations were not admis-
| sable if the person making them had any pros
| pect or hope of life, and as upon yesterday,
| quoted from Greenleaf to sustain his point.
! Mr. Carrington said he also had authorities,
| and he believed the dying declarations Of
| Stevenson We're admissible. . a--. ., 4.
| The Court suggested that before counsel went
| into this argument 1t would probably be best
| to recall Mr.. stockton, in order to make the
matter clearer. Before doing So however, Mr..
| C'ephape, the court reporter, was requested to
| reed Mr.. stockton's testimony, as given yester-
| . The Court suggested that Mr.. Stockton be re-
| called and examined as to the conversation he
| lad with Mr.. Stevenson when the latter said
| what he would do If he got well.
| Mr.. J. II. Stockton was therefore recalled, and
| testified as follows At the conversation on
| Monday at eleven O'Clock, Stevenson said If he
got well he was going to take care OF this mat
| ter in his oun way and that these rufiians and
Mr.. Bradley here interrupted the witness,
! Mr. Stockton, in answer to q question by the
| Court, said Mr.. Stevenson told him before
| making use of the above expression, and also
/ after 1t, that he did not believe he would get
| well.
| . MI Bradley.-Mr. Stockton, did you not yes.
| terday, after the court adjourned, have an
| earnest conversation with the District Attorney
as TO what Stevenson said he would do ii ne
got well.
Answer.-I did have such a conversation
Attic cor versation on Monday at ele ven O'clock,
| Mr.. Stevenson said if he got well he would
attend to the case in his own way; and he then
said, "Well, can't live; it's impossible for me
| then told him that the physicians spoke very
discouragingly OF his case, and Stevenson then
told me Of the occurrence, and how it hap
pened. ~ .- --.lr r-.ra =. III
Cross. examined by Mr.. Bradley-Deceased
| said he was going to take care Of the case him
| self, before he told me of the occurrence The
District Attorney did tell me in conversation
yesterday that he was afraid my testimony as
| given would shut out the dying declaration,
but hsve given the same testimony to day, rs
near as could. isl. IT. E. s.
The Court said he could see no substantial
variance in the testimony of Mr.. Stockton, as
| given yesterday and to-day.
Mr.. Darlington, at this stage, proposed to
offer in evidence conversation between Mr..
Stockton and deceased, at IL O'Clock on Mon.
day preceding his death, and proceeded TO ar
admission Of the testimony. The whole ques.
| ton was whether the deceased made his decla-
81
death any declarations he may have made are
admissible. .fW .g-I.-..
Mr. Bradley, in reply, combatted the points
made by Mr.. Darlington, and adduced author
tiles TO show that dying declarations were only
admissible when all hope of this world was
gone. rgr. ~ #-f.. ..-a ~ .zE---TsL t.
IThe dying declaration was subseq uently de-
clared inadmssable by the Court
observation-disclosures O'Toole was this af-
ternoon acquitted The jury did not leave the
box, the District Attorney abandoned the
case. .-i ~
AN INTERESTING CAsE.-Judge Fisher has
issued writ Of certiordri on Justices Goddard
and Barnaclo for the record of the proceedings
in the case OF Mary and Alice Pilling against
Thomas Thompson, to be sent to the higher
court. Thompson was the tenant and an
action was brought under the law Of Mary
land Of 1893, to eject him; the jury deciding
against him. Thompson thereupon applied
for writ of certiora,I, and in his Petition he
alleges that the act of 1893 does not apply to
tenancies from, month to month or from year to
year, and therefore the magistrates had no ju-
risdiction IN such cases and even if they pos
sessed such jurisdictions, they transcribed it bv
adjourning the trial without the consent OF the
petitioner (Thompso n) or his counsel S. T.
DIury, Esq, appeared for the petitioner, and
Messrs. Stone, Phillips and Mattingly for the
respondents. COOS = .e.......H. .#-
A SHOOTING AFPRAY,-Last night Richard
Marshall, accompanied by two men, met
Andrew Carroll on Tenth street, between M
and N streets, and after having some words
drew a revolver and fired at Carroll, who re-
ceiyed a buck shot directly over his heart, but
fortunately it did not penetrate any depth
The parties are all colored, and it is understood
that the affair grew out IF some remarks al
legged to have been made by Carroll about
Marshaps sister. r .,..
STEALING CoRN.-Last night, as Officer
Stinchcomb, of the First Ward, was making
his rounds he came across a negro named
Amos Bivins, who had bag OF corn in his
possession, of which he could give no salts
factory account. Bivins was taken 10 the
station house, and this morning he admitted
that he stole the corn from the stables OF Mr..
Wroe, on G. street, between SIEVE nteeLth and
Eighteenth. He was committed to Jail for
court by Justice Drury. se.5..A + 5e4t
PORT OF GRoRGHTowN.-Oleared
Kingston, Scheilinger Portland, for Chesapeake
City, Md; schrs. M. Durfee, Sebine, for Ware
ham, Mass; America, Cation, for st. Mary's;
E T.Twisdon. Chase, for, New Haven; Eagle,
Harding, for st. Mary's; Mariner, Lewis, for
Aceomac; Flying Fish, Barnes, do: Mary and
Carolina Adams, Philadelphia. Sloops-Ann
Maria, Wilson, st. Mary's; r. r. Terry, Sterl-
ing, for Annamessix; Haze, Benedict, for st.
Mary's. zs
DEsRRTERs ARREsTED-The following de-
serters have been arrested by Capt. Scheetz's
detectivee:-Richard Hughes, 74thN. Y. Vols,
Maher, LIST Md, Cavalry; John Ager, LIST D. q.
regiment; L. Dwyer, 5th N. r. artillery; George
Fuller, 18th N. Y. Vols; VIM. Curray, 7th
Md, Vols; John TolsoD, LIST Nd, Cavalry;
August Scheinning, list Pa, Vols. -
COMMITTED TO FORREST HALL PRIsos.-
The following deserters, forwarded from De-
trOit, Mich, were committed TO Forrest Hall
prison yss'Msrday y order q Gap. 1Ssa
shooters: Abraham Ketchum, I'D Mtca.i Theo.
dore Cummings, 0eOrge L. PROFIT and George
W. Bateman, Ie5th N. Y. vols. IaI -.
: IHprorxD.--Chris " Hogan and john Kerri-
gan have been indicted BY the Grand Jnry on
charge of false pretences in obtaining money
from John Smith, who was arrested nsre as
deserter IN August last The 0rand Jury
had reyicpsly dismissed both parness eut re-
considered its action In the premises' v,a