Evening star. [volume] (Washington, D.C.) 1854-1972, 1867-07-30

the prisoner before In their lives. aad
Reed had known him and his father
for years. Wood knew Booth, and saw the
charged that he had dealt unfairly with him.
He would say that he would not like to trust
one who Keeps q restaurant as physician
Hs wenld place LAWYER vanderpoe! BY the
Oliver. Who will you believe7 There
they were. three against three, ana he had q
regiment behind. and victory perches on his
banners. They had not proved the alibi, rs the
Mr.. Darlington proceeded to say that he was
glad the gentlemen who opened the case had
defended the citizens Of the District from the
coin was to be fnaugurated the Union voiun-
teers of the District, with handful Of regu.
larr, saw him inaugurated a. his predecessor
had been, on the east portico Of the Capitol;
and when 1t became necessary to invade the
sacred soil OF Virginia the Union volunteers
OF this District were the first to cross the line
Notwithstanding the assertion that Massachu-
setts volunteers shed the first blood, il was q
matter OF history that the first victim of this
war was Union volunteer from the District
Of Columbia. He spoke OF the conduct Of Mr.
Bradley and himself after the battle of Bull
Run, both holding commissions. Offering their
services to the Government, and then noticed
the fact that after Congress had ordained that
jurors should take an oath Of allegiance, Lone
who had been summoned had refused to take
the oath. excepting one. az an evidence OF
the loyalty OF the people OF the District,
and be claimed that in proportion to the pop.
nlation 1t was as loyal as any other section Of
highest officer is to be at the mercy OF the as.
sassip g dagger? Justice to the guilty is mercy
to the innocent; and he charged that the jury
snoas6 assign to the prisoner at the bar that
Is murderer, and deserves murderer's
doom.
Mr.. Pierrepoint followed, quoting first from
Law Library, vol. Al, page 81, Wills on Cir
cumstan tial Evidence, to show tn at the bur
den Of proof, when an alibi is attempted to be
proved, Is on the prisoner. He also read
from the same work, pages SO and II. and AL
Scotland, pages 624, 626, and 627. This case is
like all long cases, and when the rubbish Is
thrown aside 1t Will be found to res olive into
few principles. The question was whether
spiracy which resulted in the killing OF
Abraham Lincoln. It would not be de-
MED that the cons piracy had been proved,
and the law Is that each was re-
sponsible for what crime might follow;
and there was such conspiracy, and the
common law was tn at each of the consplrators
is prin cipal. This is the first time that this
Of this country. Any man who would treat
this case as one OF ordinary murder, did not
understand law. Would any one undertake to
say that II plot is made to abduct daugh-
upon her she dies, that the parties are not
guilty OF murder! If a man goes to q house to
rob it, and his daughter, who is a servant in
endeayoring to give an alarm, is killed
by him, Is he not q murderer! That it
does not require a person to be present to
he guilty of murder. Suppose there is q pic
mic on the railroad, and q man on the MARYLAND
line starts locomotive, killing number, ne
can re brought before jury il he ever comes
within the jurisdiction Of the court. He read
from the case of Adams-1st Comsock, D IFS
10 show that actual presence is not necessary.
He was in Elmira TO perform his part or if he
G to al no n 4
even if he by accident did not arrive in time.
he was guilty. They are all guilty of the same
act as the principal. He claimed that If a man
in Baltimore sends to q wife here poison for
her husband, and she gives it to her hus band,
causing his death, that the man is guilty. So
would he be guilty if she made a mistake
and took i: herself, causing her death.
In support OF his proposition he referred TO
1st Russell on Crimes, 81 and 80, 4th Werdell,
256, 1st Russell, 81, 90, and so. I'd Starkey's
Evidence, 237. 18th Wheaton, $50, I'd Peters,
35s, Sd Connecticut, 6, 10th Pickering, 49s,
Bishops Criminal Law, vol. LIST, section 81,
page 81, Archibold, page 7. He would add
that If there was anything clearly settled in
the law it seemed to him that the PROPOSE lions
OF the prosecution were sustained by these
books
At this point, Mr.. Darlington, District Attor-
ney. announced the death of Edwin G. Morgan
in feeling terms, and the Court took a recess
until tomorrow at 10 o'clock
DEATH OF E. g. MORGAN. Eso-Edwin g..
Morgan, Esq, for the past twenty years a
much esteemed member OF the Washington
bar, died at bis residence, corner OF Sd and u
streets, yesterday afternoon, after a short ILL.,
ness OF typhoid fever, in the 41st year OF his
age. Mr.. Morgan was admitted to the bar on
the 10th Of December, 1916, and has always en- l.
members. He leaves widow, and two sons
aged and ~ years The funeral took place
this afternoon at AZ o'clock, and was attended
by large mum Der Of relatives and friends and
mo Ior Of ha h0r ho
veyed to the Congressional Cemetery, the fol-
lowing named gentlemen acting as pail bear
ears: Joseph H. Bradley, ST.. James W. Car.
isle. DIR. John B. Blake, John j. johnson,
James R. Roach, Jno. E. Norris, John Van
Riswick and +. ]. Middleton. few months
$1,000.
The members of the bar in this City meet at
the City Hall to morrow afternoon, to take ap-
propriate action in reference to the death of
Mr.. Morgan.
THE SToHBwALL.-The crew Of the Stone.
not yet taken up their quarters on board, but
will do SO in few days She has had a
thorough o1erhanling, and is in prime order.
The big gun armstrong; is in her forward
tnrret, and her smaller ones have been placed
below. The two japanese officers, who are to
go in her, are daily at the yard, and express
themselves highly pleased with the vessel
They state that the Japanese Government will
give her new name when she arrives out,
and her name until that time will remain, as
heretofore, the Stonewall. She will be ready
for sea in the early part OF the week, and on
Thursday or Friday she will be open tor pub
lie inspection.
Stop THIEF.-About four o'clock this morn.
ing. as officers Jacobs and Lawler. Of the sew.
enth precinct, were passing the alley between
I'd and Sd streets west and ID and T. streets
north, they noticed suspicious looking col !.
ored man. carrying q basket which, upon
seeipg them, he Immediately dropped, took
to his heels. and run, and having the start OF
the officers, made good his escape. The bas.
ket contained several sheets and some pieces
Of female clothing, also, sugar-cured ham,
which he bad probably stolen. The articles
are at the seventh precinct station house for
Identification.
EQUITY CoURT-Chief Justice Cartter-To.
day, Mrs. Frances Hawkins filed petition
setting forth that yesterday John l.. Hawkins
entered the store occupied by the complainant,
elected her by force, and retains possession Of
court; and rule was issued on the defendant,
requiring him to appear at 10 O'Clock to. NOR.
row, and show cause why an attachment
for contempt shoula not issus.
p. A. Byrne agt: Henry S. Davis; action to
recover nsury paid. Brent and Phillips for
plaintiff; Cox and Davidge for defendant
SANITARY RRPoRT.-Six arrests were made
Of persons creating nuisance, the fines of
which amount 10 80. Twenty written and
forty one verbal notices were served five dead
horses and four dead dogs were reported and
removed. The body Of William Hamilton,
drowned in Georgetown on Sunday, was taken
In charge by eanitary officer Sebastian, who
procured coffin from the Mayor Of George
town, and had the body inferred in the old
Methodist Cemetery.
BATHING IN THE PoToMAC.-Omcer Lusby