Evening star. [volume] (Washington, D.C.) 1854-1972, 1868-07-14


mony in The case Of Levin Turpin, charged
with The murder OF Thomas H Kellaher, was
continued as follows:
Dst.ttirs Btsley gAompsoa. sworp.-Wituess
was at Inc corner Of sixth street and Pennsyl.
wanna avenue on The night of the shooting; heard
shot, ran up, and saw kellaher laying on the
pGvemen. and Dubant and McDeyitt u lid of
TGrPib; Dubant said to Turpin, syou have
killed my best frienG;' witness had charge OF
Duoant searched him and The neighborhood,
but found no pistol.
Lieut. Neonan. sworn.-witness was ut police
htadquartsr - on the Light OF June 3, lS6S; heard
lying On the corner Of Louisiana avenue and
Sixth street, with his feet toward the corner
witness examined Turpn. and found mis- right
hand faiI OF blood, even beyond the wrist, in
side and ont. Turpiu walked To th- station.
lid not appear 10 be very much intoxicated.
CIoss-examinsd:-H.ar Dubapt saw AZ the
station house that be knew the man who 1iiled
Jos>pA Rdm'i,i, sworn.-WItness lives ON Sixth
street, aud was sitting Al ais door on the sd of
June. le6s, a. night Witness saw three men
entering ON the crossing; his attention was for
a~ hile called from them. but was called back
by pistol shot, and on looking again saw but
TAO men. A friend said there is a dog shot
WI ness ans wered, there is but two men there;
tnrle were three" One oil these TWO WIS
short distance ahead Of the other. The irst
man went back aud leaned over something on
ihe ground Just then Mr. Lafin, a member
OF Corgi e>s. reached the scene, aud when the
police got there witness heard MIN saw point
ing TO Tufpin and Dubant, ..thsre are the
intn that did the deed" and they were ar
rested.
CeCsce p. Hoicakiss, sworn.-When the pis,o,
was Tired was at The corner OF Louisiana ave.
hne a1d Seventh street; ran no and saw ON
Sixth street and Lonisiana avenue SIX or seven
men, and one man who lay dead; some one said
"nob them when Mr.. Mebe witt said, lyon
are not gong 20 mob any body here. for have
got the man who aid the deed.
H. NdfcT. swOIn.-On the night of the shoot.
ing witness was sanding in his door on Sixth
street, third door from Louisiana avenue: wit
ness saw two men come down Louisiana ave-
nue. Two side and side, and one a few feet
ahead; af,sy they got past the corner the right
hand man raised his arm, witness saw q fash
aud The lett hand man dropped. Al that time
tie other was some distance ahead with his
lack 20 The other; The one " no shot stepped
step ON, then turned, leaned down and looked
over the one who had fallen. While he WAS
Ieaning down looking over him the man who
was ahead came h5ck toward him, ami then
there was such crowd that witness saw no
nor men me ponce came mp; witness cried
our to tbs m that the man who killed him was
IN the crowd: Just as rhe police entered ON pn,
side Of the crowd witness saw small man
dressed in dark clothes leave the other side and
go sW lilly down Sixth street; witness then SAID
10 has Wife there goes the nsn that killed him
and has got his pistol; witness saw no more.
adjourned.
The Jurors, after being cautioned not to con.
verse or allow any cony sation in relation 10
the trial in their presence, were allowed to 20
10 heir homes.
TODAY
The trial was resumed this moruInprn the
Criminal Court. Judge WyIIe, al o O'clock M
which time Mr.. Norris, for the defence opened
ahd, after speaking OF The several degrees of
homicide. claimed that this case was one Of
misadyenture He expected TO show that tha
Government had not proved that Levin Tur-
pan did take the life Of the deceased. He ex.
Iectsd 10 show from the character of the man.
and other surroundings, that this was a case OF
misadventnre: that they were friendly, and
There was no grEdge between them: that b1th
Were drunk. and very drunk IL was true that
pF tEe books drunkenness Is no excuse for
crime, but the courts here and IN En- gland have
allowed drunkenness TO go 10 the Jury. NOT as
an excuse for crime, but 10 show that the party
aiTalgned was not fully in the possession Of
hls faculties. The Government had already
shown thai the parties were drunk. The char
acter OF the accused was good and quiet and
De bad made inquiry and was unable 10 learn
that he bad ever been under arrest He Mr.
M expected 10 show that, and that the kiinne
was accidental. They did not claim self. de-
fence on the part of the accused. and he would
WDtn he tesrmonV was IN. CAIN an acquittal
De hrst witness tor the defence was
". H. EgTbaH, who testified that h, resided
~ S'h ana L street, has known the accused Tor
eighteen months: his reputation Is good for
peace and quiet. Witness saw Dubaut ON rbe
night OF the homicide a; his house with tLe AZ.
eus'ni ne brought carbine TO the house.
Strapped over his shoulder, as also q cartridge
pox. Ihe prisoner came TO the house with
Duoant afterwards, and they took one drink
and then lett together. i he deceased and Tur
pan Were on friendly terms that night
Cross-examined by DIR. CarringIon-Dubant
ieil me earbine there several days, he said that
ley were going TO tear out the I,teli3encer
once md they might come 70 "a house.
va II n h9pXrns, Captain II. II. Ho~ Ed
Nio Davis, T. III. Browning, Arthur Shep.
nerd, W n. Miller, and Maurice Dubois tau
IL q 10 the good character of the accused To H..
having BEEN mail carrier with the army, en-
r.oy,d ON The street cars, &c. The testimony
was here clio ed,
District Attorney Darlington submitted
prayers fcr instructions. first. that if the iury
S Nv We uhe acc used inflicted the " ounds which
re- uited IN the death of ths doc eased, thev
should ma him guilty as ind .cted, even il thew
rtGbd That they were drink: second. that in
acul,ion to the ABOVE, n they find they had a
controversy as to challenging a vote, they
should convict third, that if they find the prs.
oDer ust d the threat that he intended to be even
nth some one, they should find him guilty as
indicted; fourth, they should convict if they
find the above facts. although he had pre-
vIcusly borne the reputation of a peaceable
orderly citizen. He proceeded to argue that
drunkenness could not reduce homicide from
murder TO manslaughter; and read from Ist
Greenieaf, section l.. and the question whether
words amounted TO a provOcation, QUOTING
from Wharton and Sicily on Medical JUriz-
prudence, page IS; and as to fourth PRAYER
IN relation to the character, he read from Arch
ibald, page co.
Dir. Merrick argued that murder was the
deliberate, willfuf, and malicious Killing of a
person, the indictment read with malice
aforethouRhf- Inc prosecution should maze
his case come up To the terms of the indict-
ment In some Stat leRisIat ION had made
several degrees of murder, and the courts IN
o.her States had. in the absence OF legislation,
divided murder into two or more degrees He
doubted If the District Attorney could satisfy
the jury that this was n case of murder, and If
he did. without being disrespectful TO the iury
be would say The insane asylum should be en-.
larged. He read from page 81 Wharton on
Homicide, and would ask that the Court would
II stTuet that The intent must b. proved 10
convict. There was NO proof of malice,
nor could NJ BE- proved. II the Intent
forms the element OF the crime, drunkenness
could be introduced. The prosecution baya
proved that the party were drunk, and be read
from Hth OHIO reports, page $50, TO show that
proof of drunkenness could be- offered They
would ask the Court 10 instruct the Jury tina,
f they believed that the deceased came to m.
death By wound hi ifeted by Il pistol fired by
the prisoner, but that il was not fred deI,her.
aifiy or voluntarily, and If the pistol Went of
accid entaily. they must find tor the prisoner
He proceeded, claiming that the act itself l.
not punished but the intent IL punishable. arG
ia conclusion he cQn.ended that character
should be considered.
Mr.. Darlington. in reply, said that the dis.
cussfon was narrowed down by the admis siop
that there was no prosecution. He protested
that the proposition when a man kills another
in a drunken spree IL was not murder was a
monstrous one, and If the Jury indorsed this
proposition, be hoped At would not be with
the sanction Of The court. He read fr.Dn
Ist Russell on Cnmes as to the meaning
of malice and he commended thar raaIica IS mr..
VI nor. deadly 1y-a2pnn A. ,soJ