The national Republican. [volume] (Washington City [D.C.]) 1866-1870, 1868-03-19


Mcssrs. Mettingiy and Cnrusi appeared by APP |
polntment Of the court for the prisoner.
The ury We're swGr So az asr5oN John
sell, August Ockent, Bladen Forrest, II. A. Wa
tiers, James Tultavall, q. q. Anderson, J. W.
Fink, Peter Hepburn, Thomas N. Adams, Chas.
Mr. Darlington for the prosecution, said that
Y would appear to the jury that the prisoner and
the deceased. After a drink had been taken,
Mcclellan and the prisoner begun to spar or
sS at Sn angry os i've sh
stabbed the deceased four steesi the last stab
TIE hoor, from the effect OF which stabs the
deceased came to his death:
Mr.. Mattingly, for the defence, called attention
to the fact that few cases OF homicide were cases
OF murder. the circumstances of nearly every
case reducing its grade TO granddaughter or lusti-
fable homicide. In this case certainly there
were no ear-marks OF murder, and the only qucs.
tion even, Il the prosecution proved a., they
desired, was between excusable homicide and
misfortune OF being so muddied at the time Of
the killing as to be incapable OF giving an account
Of what happened. The deceased was man Of
great physical power, and was a noted pugilist
The prisoner struck him under the impression
that the deceased meditated bodily harm to him.
at the corner OF Second and East Capitol street,
On the 18th Of December, 1907, the prisoner and
Mcclellan came IN there about twenty minutes
wards, and there was some sparring among
them. Then, about u O'CLOCK Mcclellan and
the prisoner came In, and Mcclellan went up
light way, calling him "old fellow" Mcclellan
and the deceased then begun to spar, and In
SsTe easheG the @ sa@s up and stabbed
the deceased. The deceased fell TO the door say
ing "Oh, Godr' and after he fell Mcclellan
struck him with bagatellc cue on the head. He
died soon after. As soon as the man fell-and
seemed mortally wounded-Willinms and Nc
CleIian ncd one of the m running up stairs in the
ph n nlhp nf m n
Anna Berry. Witness going home between
IL and O'Clock, when the prisoner overlook and
asked her for water and washed his hands; his
clothes were bloody, and he had q bloody knife;
he said he had murdered man alta seraT eat the
handkerchief; he said he must escape In the
morning, for he supposed the man was dead by
until she heard the officer at the door.
DIR. Edwin Bentley WAS called to see the de-
ceased, and found him with three stabs on the
He sewed up the stomach. but he considered him
then fatally wounded, and In thirty-six hours he
was dead. Deceased believed he would recover,
but said he wished to be buried at Arlington.
John Boyd, metropolitan Policy, Witness
was called about OF O'Clock on the 18th Of
September, 1851, to a house on an alley near
found the prisoner in bed, and arrested him.
Witness Ssked prisoner for knife, and said
planned that by saying that he had had n fuss at
the theatre, and defended himself as best he was
able. After he denied having the knife, witness
felt the clothes Of the prisoner for III but not
finding II there, witness looked under the bed
for 1t. Whilst he was looking there the prisoner
son '" AferWardS Wite"s. teEcd to the Prisoner
at the jail. lie did not dong the hyg icide, but
said he did 1t In self defence.
The dying declaration of the deceased, maaO
before Justice Tucker, was admitted In evidcnce
and read at this point. This declaration Is In
accordance with the testimony OF Rutherford,
and says that the ARRAY took place on the spur
OF the moment.
George Hines; Witness is steward of the hos
.phS.S .se ana Se efsa
Sea s then ssia That SlIfdss Rsa siSitsa him
Cieiias were sparring, and that supposing Mo.
Clelian was trying TO show off he struck him
some very hard lSss; lie al,o said he did not
blame Mcclellan. WiiLsgs knew deceased to
have been & very muscular mai 3Hd an expert
James Z. Butler, Metropolitan policeman, tc,,,
he had stabbed the deceased and was sorry for it,
Gen. Terry said that as there was no evidence
to implicate Mcclellan n the homicide, he you'd
case, in order that he might be witness In this
After argument on this notion
MCMILLAN DISCHARGED.
The Chief Justice said: 1t is a singular case, ID
which the principal OF an ARRAY is made an ac-
@sseeS IN sport and enSed In ~oSnce but p he
held there was no proof to iEplicatc Mcclellan
In the homicide, and he should adyise a noHc
Mr. Fendali. counsel for Mcclellan, said he
would rather have q verdict OF acquittal, but "a
the jury had not been s1mmonea to try MeCleii
entered.
MT. Carr!ngton entered q nons pro,equi accord,
The further consideration OF the case OF FL
bridge was then postponed until this morning,
and the court adjourned.
Tuy RIypn rRoxr-Yesterdayth , wind was
blowing quite breeze on the Potomac, causing
the sailing. vessels to skip over the water at n
Sifih Street Wharf Peter Berry, esq. Of
Georgetown, has leased this large and line
wharf, and has every accommodation for ship
ping and receiving merchandise and all kinds OF
goods; also, ample building for the storage of
the same. Arrived-Schr. Prince William, Red
man, from James River, Virginia, with grain
Gorrrnmicm WharC-Thc barge Dell Hynes was
towcd up by the steam.tus Fisher, from Fort
was hauled OF a few days since for repairs, Ia
anoat again, and will make her regular trips be.
tween this city and Forts Foot and Washington,
leaving the wharf at p. m, returning the fol.
Xiv; Rls.S?-seyernl oyster pungles arrived
CAREERS pfarC-s ailed-Schr. Enterprise with
fertilizers for West river.
A PgIsgvERISG GENTLEMAS.-wc noticed In
these columns the fact, day or two since, that
Mr.. Thomas A. Brown had rebuilt his establish.
ment, Wnlcn was destroyed Dy IRE. we
now have the pleasing duty OF informing the
thousands OF readers OF tho RErunLicAS that
his next door neighbor, Mr.. James Naylor, has
and framework building on the site destroyed
BY nre on the night OF February Is. Mr.. Nay
lors loss on that occasion involved n consider
able quantity OF ready-made work, as also an
extensive stock OF we'll seasoned lumber, besides
the almost total destruction OF his shop and val
liable tools. Perseyering, In spite of fate, Mr.
Naylor has succeeded thus early in erecting q
building on the former site that Is not only an
ornament to the locality, but reflects credit on
the proprietor as master mechanic The build.
ing Is two stories high, the workshop on the
first floor measuring 50 feet deep by q feet width.
The second noor, for the reception of ready made
counting room occupies a convenient space on
this floor, where orders are received AID business
with the proprietor transacted. The establish
ment who haye attempted to describe Is a FIRST
class carpentcr shop, and Mr. Naylor an ac-
knowledgcd adep, In that branch of mech anism
We will conclude by stating that he has resumed
business at No. Is Louisiana avenue, directly
opposite Fifth street, and is prepsFsl to con
tract for any amount of building, MS he has In
his employ large force of the most competent
carpenters In the District,
-
REAL ESTATE TRANSPORTS - The following
transactions ~ real estate were reported yester-
day; Part OF square i53, % feet on Sixth street
west, at 50Oj H. square Co. at al; sub L, square
800, at %, 800; N. 4 49, square 50, 22l4 feet on
III, II ll-l2 feet on Sixteenth street. Of $1,000;
sub l. square 77G, at 1896 10, square S2l at 5000;
sub. b. square 1872, at a6600i square 49, at 1906
sub at 1000, L. 2ll, at Al 200;