The evening telegraph. [volume] (Philadelphia [Pa.]) 1864-1918, 1867-03-26
AFTERNOON SESSION.

ley'S tavern, second ana LOMBARD BJTeelh, Tue
following testimony was elected after our latest
edition of yesterday
AFTERNOON SESSION.
The Court reassembled at 3 o'clock,
Philip Milton testified that he removed Lutens
from Quigley's to the Hospital. and afterwards TO
deceased Lukens was large man.
Coroner Daniels testified that he held inquest on
the body ofJames Lukens, and had post-mortem of
JoRp Mckinley testified that he knew James Iu,ens
was in Quigey's tavern at the time Lukens was shot
THAT is an uncalled-for remark; there sj no such
party here;" Mr.. Gilbert then attempted get Lukens
he had difHcuhy with; don't remember anything
occurring until the entrance Of smith; smith came to
three yards and said. You big, I've got you"
looked like pistol and billy; they appeared to be
tangled, and he was separating them; Just a smith
steps. with his right hand IN his pocket he did not
ifto hit hmn the breast before pulling he lowered
still pointing at Lukens pointing at the Leg af ec
but parties nterered and prevented him; smith, after
attempted to get out the back doOr he was prevented
from going out by Mr.. Gilbert, and 1t was then dis
On Observation-Disclosures the witness testified that
tSH SRd @ ID b b Head ne %be hsa bSd %
swollen from blow inflicted by Lukens, who had
DIR. Thomas Morton, surgeon Of the Pennsylvania
Hospital, testified that he attended Lukeus ne had
gunshot wound in the right thigh which was the
DR.. snapeigh made post-mortem examination of
samuel Gilbert testified he had hold of Lukens
Washington Quigley testified that Lullens' manner
I was angry and excited while in the house.
The Commonwealth closed, and the Court adjourned
until this morning
THIS MORNINGS SESSION.
Nj, OBryan opened for the defense. saying that it
compelled to take means to prevent his own lite
being taken He had no idea OF going into the hotel
take drink and he would ask the jury to render'a
The examination of witnesses flor the defense was
smith Huston sworn-I have known John A. Smith
about twelve years; | remember the night Of the
Lombard; he was going up Second street was going
down; asked him where he was going; he SAID no
said, Where shall we 60? l said to Qgigley's we
ahead ra of me; saw crowd Of men in there
talking; among them was Lukens; he rushed at
been looking for; smith Went into the room about four
Se n the s qoS %d sof
cursng and swearing M guess o6 say him M when S1S
made use Of the expression l mentioned, and
ran at him with one % hand in his toP pocket 1%S S691
he ran toward Smith who said :, he - wanted war!
Kept, coming on after hm got out of his way; I
Sh h SSen the he wae sho he wSsS
the pistol was fred was behind the door; I saw
PSSs IT,
wSb Seced The Jury 70 try Smith
for what took place that night and must say whethei
Court decided TOAD to ADMIT the Evidence as
evdenee as to
occurrence which took place two or three week.
attempted to carry out threat which he then mad,
when he advanced towards Smith and made use of thu
Cross ss-examined1I opened the door Of the box eptr
shuts spring; it closed when went In; the frs
say in the was YansSyer nexs t.
bar, with his back towards Lombard street
see %nay her wilcox
was sitting at the table Paying cards the table wa
the Lombard street door when first saw him;
R & his RGc Sd S5 %g towars Ia e saH
nothing in Smiths hands before after the shooting
smith say 'Yoa big -@,,f have got YOU, the bar
about i6 feet in width the Lombard street door
about 12 or IA feet from the Second street door;
Witness contlnued-I saw Smith two or three week.
Q. Do you know whether Smith had apprehension
that Lukens would do him bodily harm?
The Court overruled the question. .,.-. 81.
shooting that Lukens would do him harm the mex
time he saw him?
Reexamned-Gilb had hold of Lukens after h
q q We're the haifa-dozen drinks he says he hac
taken in half an hour perceptibe? A; should judg
F jerry S Ogs Nolen sWoTn|I i've No 58 South
street was at the house tSsra the night after Luken
Mr.. Dwight objected to asking the witness ques
g ooh said IfH he psred by the
that Lukens the day after the shooting said to wtnes
shot him, said yes he knew who shot him. but neve
would tell about II, for II Smltn naunt SnOG me,
would have shot him.
Objected to- and objection sustained.
Witness resumed-I saw Smith two weeks befor
the shooting.
O. What was his condition?
Objected to and verrued.
@. Did you at any time within two or three weeks
have occasion 70 examine any injuries on smith
head.
Objected to and sustained
Mrs Louisa Lindsey sworn-I live No. l72S cox
street, know Mr.. Lukens and John A. Smith.
Q. Were you present at any time within three week.
Of this shooting, when James Lukens made an!
threats against John A. Smith, the defendant?
A. Yes, was
O, What were those threats? A. He said he woult
kill him then, and If he could not then he would a
some other time: Lukens had penknlte; he stabbe'
| him in the back part of the head with 1t.
q. Did he commit any violence on any other persoI
there?
Objected to and sustained.
[Contiaued in our negt editioPl