Evening star. [volume] (Washington, D.C.) 1854-1972, 1868-07-13
THE KELLAHER HOMICIDE.

Fylie. the trial Of Levin T0fpin, hotter Known
As "Lep- Turp,n, indicted for the murder Of
Thomas H ksllaher. on the night Of the ID Of
June lat. at the corner Of Louisiana avenue
and 9Th street, was commeneed-District At
tprney Darlington representing the United
States. and Messrs John Z. Norris and r. r
Merriek appear ring tor the sccused, who was
seated near his counsel, and Appeared to be in
good health, but was somewhat paie.
jurors, and sworn upon their rotre dire: John
8. Cragin, challenged By defence, Arnold
Hoffman, etch; samuel WaliAch, accepted
Abraham Depew, do; Francs Riley, challenged
by prosecution: ". p. Vernon, CHALLENGED by
defence; ". d. Bell, accepted; Reuben a. Bs-
con, eniertaasee eoase,ent,oas scruPles as TO
Joseph r. Cassin, accepted; samuel WiIlfams;
Challenged BY defence; James Goddard &C.
cepted; Thos- a Nevnan, challenged by de-
sickness; Robert Moor, challenged ~ defence e.
Ohas. n; Anderson, accepted; q. A. Hall. ac-
cepted; Zachariah FORREST, accepted; Thos N
Adams, accepted Richard W. Wallace, ac-
septed; francls q. Iardella, accepted; Column
bus u. Wall, had conscientious scruples as to
capital punishment A. F. Offutt accepted.
The Jury as selected stands:-SamuelW WAL
Cassin, James Goddard, Charles II. Anderson,
q. A. Hall, Zachariah Forrest, Thomas NJ
Adams Richard W. Wallace, Francis U. lar
della, q. o. Wall, A. T. Ohutt.
The jury having been sworn and the indict-
ment read, Mr.. Darlington opened the case for
the Government stating that they could con-
Wet OF murder, manslaughter, or acquit alto
gether. He adm onished the jury not to form
an opinion until the testimony was heard, with
the argument of the counsel and instructions
Of the court II was for them to learn the facts
to his apprehension of the law. this was a clear
case Of murder. He proceeded TO recapitulate
what he expected to prove.
The defense reserved their opening until the
Ell fnr hn tfnr.x in.
DR.. Patrick Croohdn.-Was called ana testi-
ned that on the morning Of the &th Of June he
was called TO examine the body Of kellaher in
police headquarters. Witness found a wound
IN the middle Of the right cheek; had been told
that the man had been shot;introduced 4 probe:
found the ball or balls had passed upward in
from ear to ear; removed it; found the skull
fractured IN several places, seeming to have
been blown TO pieceg; found on top of the brain
piece Of lead and what appeared to be wad-
ding; took out OF the aperture three other
pieces Of lead the aperture at entrance was
singed with powder The shock caused death
A piece of bone was also found. Thinks that
the balls or pieces of lead were handed to Mr.
McDevftt. Witness examined the pieces Of
lead and said that they were very like those
he extracted.
Cross-e1amined by Mr.. Msrrick.-rhe de.
ceased, witness thinks, was about five feet
eight inches in height. Witness explained mi.
nutely the position in which the weapon must
have been held by the person using it.
by MI OdrrfuktOu-h person stdn01ng near
the deceased could have made the wound. and
believes that the party must have been within
three feet Of the deceased.
Jdmes A. keDerst, sworn.-Witness was pres
eat At the coroner's uest identified the balls
produced by DIR. Croghan. Witness arrested
the prisoner, and abou. one hour after searched
him, finding some caps and a ball.
Mr.. John J. Peabody, sworn-Witnessi is gun
smith; was present at the coroner's inQ uest;
examined some pieces Of lead; held the SANE
opinion now, l. e., that the pieces Of lead were
originally round and about the same size as the
round bail; but would not be positive
John III. Dnbaat. sworn.-Witness knows the
accused and knew the deceased: was with them
on the I'd OF June; met deceased az Gorbutt's
about 81 o'clock or later, near the corner OF
9TH and ID streets, near Green Il Williams; KEEL
1aher was with him. The three went TO the
Lichau House, on louisiana avenue, near 9th
street. where be saw among others Mr.. Hinton
or Linton and another gentleman with sandy
whiskers; remained about IS min utes frs, when
witness and deceased went ont; while there X
called for drinks and witness advised him 10
drink light, lie was pretty DRINK:
Hinton the accused, witness, and others drank:
the prisoner was drunk X. remarked that he
had challenged Turpin's vote two or three
years previously, when Easily was running
for Mayor. Turpin denied IL, saying no one
had ever challenged his vote. The deceased
then commenced singing "Lanigan's Bsll;''
Il. had made the assertion previously on ID
street. Deceased did not sing more than two
lines in the song when he spoke about a drink
Witness advised them TO drink light, and
asked for .Gailagher" ginger pop; thinks
all drank light. Turpin went back, and wit.
ness, with deceased, went out, but returned in
abont i've minutes, when he found IN front
Messrs. Lloyd and Hinton and the gentleman
with sandy WHISPERS (Erazier) and Mr.. Tur.
pin. who was sitting on broken lamp post or
stump. Mr.. Lloyd invited the whole party In
10 drink il they would take pop. They all went
in, and the accused hssitated, and he pulled out
q pistol, saying that some one had threatened
to kill him on the previous night The pistol
was one which he had always understood to
b. a Derringer, (rifled barely He said some
one in the Northern Liberties had threatened TO
hn him, and he was going to get even that
night. Mr.. Frazer lthe gentleman with sandy
whiskers) asked Mr.. Lloyd to get T. to put
the pistol away. Mr.. Lloyd did so, as also
Mr.. Lloyd went through the same passage
through which Turpin went, and the crowd
commenced 70 break up. Witness and deceased
going down Louisiana avenue westward. They
had gene but a short distance when the &C.
cused joined them, coming in between them
and they continued TO walk. As soon as he
Joined them. he remarked, "You say you chal.
lenged my vote. You are d-dliar." The
decreased then commenced singing, "IIet's be
gay. They walked down, and as soon as they
reached the crossing, witness started towards
the Express ONCE, having got tired, and
they crossed the tagging. Witness remark
ed, when he left them, "My God, amt you
gong 10 let up on that thing" No reply was
made 10 him. Witness thinks he was forty feet
away from the Hdgglng. witness then heard
the report OF the pi stol and turned around, but
was satisfied In his own mind that Turpin did
not have his pistol: he turned and saw Kella.
her down, and the person over him; kella.
hers body was on the right of the tagging
going west, on the southeast corner of Sixth
street and Louisiana avenue. Witness called
10 the deceased, tom get up" saw the
blood running from his mouth. Witness
said, "Lep, you have killed my best friend.-
and caught hold of him. When be stopped and
asked Tom TO get mp the accused SAID, s.He,s
dead, by Cd. I've got Tor shot1 him." Wit
ness caught hold Of his collar and right arm:
his (prisoner's) hand was full Of blood. saw
something in his hand, can't say what ID was
while they Were standing there, saw a gentle.
man with white hat, whom he understood 10
be Hon. MI. Latin. Witness continued 20 ASK
I. what he had done IL for. but did not receive
reply. Mr.. McDeyitt was there, and they
Were arrested, witness by Mr.. Thompson. The
crowd gathered very quickly.
BY the Court:-Wltness thinks il was ak or
eight feet from the mouth of the sewer.
Cross-examined by Mr.. Norris Witness
does not recollect stating 10 Mr.. McDeyitt that
he had just come from the City Hall, and knew
nothing about the shooting; recoliects stating
that he did not knew no shot the man. Wit
ness carried carbine 10 Mr.. Gorbutt's for the
protection OF the house witness did not bring
IL down from his house in his pantaloons leg
Witness had heard IL rumored that Mr. Cor
butts house was 10 have been torn out that
night. Witness never heard il charged that he
killed The man. Thinks McUevi said that he
(witness) knew who had done the act The
accused, when witness went back seemed TO
be bewildered, and he had blood on the back of
his hand. Witness heard Mr.. Lafiiu saw,
- al.