The Charleston daily news. [volume] (Charleston, S.C.) 1865-1873, 1867-05-03

day.
| THE COURT OF GENERAL SESSIONS AND COMMON
P1EAs-Hon. R. MUNRO, Presiding.--The case Of
THos. HARRINGTON soldier in the 9Th Regiment,
indicted for the murder of JOSEPH ELLIOTT, was
taken up. j. N. NATHANs and L. ". SPRATT, Esqs.,
appeared for the defence.
HARRINGTON had been indicted for murder
committed on the 9Th of November, 1866, and since
that time had been in the custody of the military
authorities. His trial had been delayed on this
account, as it had not been decided whether the
civil courts had the jurisdiction. Several OF the
principal witnesses who we're present at the killing
had also been ordered away, and this had occasion
cd some delay.
E. NJ. WHITING, Esq.,, testified that he had held
an inquest over the body of ELLIOTT when notified
Of the murder, and had examined the different
parties and taken down their testimony. He knew
nothing Of the case beyond what that investigation
elected.
-GRHFN, a soldier in the 9Th Regiment. tes-
tilted that he knew the parties we'll; HARRINGTON
had been in ths Guard Eouse for intoncaton, and
while there had quarrel with man who had
struck him. The troops had been paid off day
or two previously, and number OF them had gone
to the city, and were drinking. He had gone, with
several others, to Mrs. CAMpsENs bar-room, in
King street, near Burns Lane and was in there
when Harrington entered. HARRINGTON made
some disturbance and was put out, and in passing
| saw ELLIOTT, who asked him what he was doing;
| the reply was sNoue Of your business" dis
pute arose and he was knocked down by ELLIOTT.
He had approached ELLIOTT angrily at the time and
was the most powerful man. When down, HARaINa-
TON must have drawn his knife, and advancing on
ELLIOTT stabbed him in the throat, the blow being
directed toward the heart. ELLIOTT ran a few
PAGES and died. He did not see HARRINGTON again
until the jury OF inquest.
| MINNIE CAHPsEN deposed that she kept lager
beer saloon in King street, and that she remem-
bered on the night Of the murder seeing man
come in cursing to himself, and with drawn knife
| in his hand. She Immediately went toward him,
! and, with the assistance Of others, pushed him
| out. She did not know Of any scuffle between EL-
LOTT and the prisoner.
F. HRNRY said he was the father Of Mrs. CAMP
BEN, and was behind the bar at the time ELLIOT
GRIFFIN and others were in the room, before BAR
RnSaroN entered, but he could not say who put
him out, as screen WAS between them.
PATRICK MoDoN4LD, Sergeant, testified that he
knew both parties, and had heard that some one
had Knocked HARRINGTON in the Guard Room.
HARRINGTON came to him the morning of the 9Th,
to get lnife Of his which witness had been keep
ing for him. He did not want him to take it, but
when HARRINGTON became vexed it was given to
him. He did not See HARRINGTON again until he
saw him in bed about eight or nine p. M. and ct
the same time received information that the lmife
was concealed under his bed-sack went for it and
found it bloody. HARRINGTON made his attempt to
escape subsequently.
The hie used was a common sheath knife. The
prisoner had been drunk aud quarrelling, but did
not make any threats against any ono when ask
ing for the knife.
1 JNo. FRENCH, soldier, testified that about OF 9
| P. II. he came into HARRNGToN's room and saw
him hanging BY his hands to the window sill.
HARRINGTON said that if he told he would treat
him like ELLIOTT. He Immediately notified the
Sergeant Of it, and he went with guard and
found HARRINGTON lying on the ground under the
window-his leg was sprained. He was taken up
and carried to the Guard House.
P. GAFFEY testified that ho was in CAMpsKNs s
bar-room when HARRINGTON came In. A man
named DnLARp was standing outside, and HAR-
R1NaroN spoke harshly to him. DnLARD came in
and said some one wished to fight him. He was
advised to sit down. HARRINGTON drew his knife,
and was pushed out. They had fuss previously
at the Citadel. Saw ELLIOTT in the room ut the
same time, but he had nothing to do with HAIR
R1NA1oN, and did not know who pushed him out
Lieutenant Ross testified to being on duty the
day Of the murder, and saw HARRINGTON when re-
leased ron confinement at guard-mountng, he
was the sober; saw him in the guard-house that
night having his leg bandaged-was again sober.
This closed the testim5ny for the prosecution
and the defence having none, the argument for
the defence was opened by J. II. NATHANs, who
was replied to by the Attorney General and the
defence closed by L. W. sPRATT, Esq. Judge
MuNao charged the jury who returned a verdict
Of Manslaughter.
The prin spal witnesses in this case, who were
eye-witnesses Of the assault, were stationed ut
other points, and the proof of the killing rested
upon few who saw the parties at different times
during the day. HARRINGTON confessed to being
too drunk to remember any thing Of the transac-
tion but his subsequent conduct proved this to be
false. The Counsel for the defence presented the
case in the strongest points, and conduted it with
great ability, but the guilt of the prisoner was toe
clear fer him to escape conviction
| UNITED STATES CIRCUIT CouRr-HoN GEO. 8.
BRYAN, Presiding.-The petition Of Wm MuNRo,
ESQ.,, to be admitted to practice in tho Courts oi
the United States in South Carolina, was read by
by C. q. sMoNroN, Esq, and on his motion he
was admitted.
The case Of the Rodgers Locomotive Works us
the trustees Of the South Carolina Railroad, was
postponed on account Of the sickness of J. B.
CAMPBELL Esq, counsel for the defence.
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