The national Republican., 1868-02-04

fence. ''N ~
AZ the opening Of the trial thinner was ,eate,
| at the counsel table beside his counsel.
Mr. Darlington moved that he be placed in tn,
M. Fendaii objected; 1t was the right of tn,
prisoner to have free Communication with hi
| counsel.
, The court said that the practice which deprived
his Counsel wa. relic OF ssiS ssioftsstSs ts u:
practice which denied the parties accused ol
capital crimes the use OF counsel and the right c
The panel Of Jurors were called as summoned
| and each being sworn upon his poir dire were
asked the following questions BY the court:
20 the guilt or Innocence Of the prisoner at the
Have you conscientious serupIes against rem.
dering verdict Of guilty In a case where he
shall satisfy you Of the truth Of the shargesi
Edward Harley-sworn.
Augustus Dayls-sworn.
T. EesitEehallenged BY defence peremptorily.
Henry y. Walkcr-sworn.
Henry q. Hepburn-sworn.
Jspes q. drifnn-had conscientious scruples.
Robert NeCatchlnTehSiiehsed By defence. fSs.e''
Joseph csr,%ss..shallenged6 % By defence.
John J. MoCutehin-sworn.
william 4. Given-sworn.
John qssa--challenged by defence.
Walter II. MsrIow-challepged.
BiAden E9Iest=swSrp.
Franck Taylor-excussd,
John Little-sworn.
This completing the jury, the list was called A.
follows: VIM. A. Boarman, Edward Harley, AN
Tewi. Sewrsth, TRonas e. Donaldson. 80 hSgpSSnr1 SoSn
McClutehoa, William I. Given, Bladen Forrest,
John Little, WIN. u. Brereton.
was the cause Of the murder, which the jury
Ssiies. TSs law often Implied nsilss fsoR The
- ~ Al Hat la aNI lnA IL. a..
killing was lqarked by both kinds OF malice II
murder from nansiayshter. He recapitulsted
On one tSS sSdsSs % % showing Sa%as tRe
oner. aud woman were In company tf4t Dumas
put his arm about the won ans neck aad perhaps
ever question might tsyc arisen II the woman
had been be ZmEcrs wife ssSg!d not orlse In the
Mr.. Norris said t,st In law al felosi9ps kill.
Ing was charged, as murder; but the fact, and
to lower grades Of crime. The Jury should not
be misled by the cnormity OF the crime charged,
but reserve their judgment w they he.5fthe
cause Of this killing was not the jealoqsy q ZEE
prisoner, but the threats ana stsacts ts made BY
t,ss Of ths recontre % the % priscSsr had one e arm @
'Vsvied and tied'up in sllnsj that the deceased
sftza4 the prisoner by the meek and had bean
s' Pm %.sa ssaf Tffs fse 'ss case s seu!s s'Gs
vas ST.. epc d sxa.Ssble homicide. They
saaS onsIaeseS fns Sst the dit5sa;.Y orsnstsd n
sGmSp, "m a 4, {Pr Won won g. .Ssy would pyass ths
SR sa Si shslaeter s .hs,s sf The ass and let
ecide wbetber o. snnS ,ne nan would be likely y
ny malice Ssssa T.: sn sf as sGSsa q
MI Fendsll for the defence, 'sxea ,9at AZ a. VII
esses be excluded from the rool. '''''e ''S -
The witnesses were accordingly .>cnt 10 the
DI. Phillips. Witness w.s surgeon, ., 20 I: "ss ~,
'nited States Infantry at the time OF IN ~. III
urIence; was called to see Dumas after M
Iound, found him at the barrack gate, below
etens in SoaS sSoS on bs he
nat one wound had severed the iuain artery of
ne right arm, the second had cut open the right
'ound was q mere surface abrasion towards the
ght side of the back. These wounds were all
.ade by very sharp knife. He diel the same same
IL death, though either might hav,s proven
'tal 1t was about noon he was called to ziui-
Ter.
Cross-examined; The wounds wereAori tontal.
he deceased was larger man than thu pris-
ner. The wounds were not necessarily m prtai;
,immeri saw them in company together IN May
sst In "Murder Bay" at the house OF thinner,
sSs ' MITE whos SU,% Ps
iaimed as their woman. thinner said ne had
'er hrst, she was his woman, and II Dumas took
y ased to him They then left, and al went to
N ther house kept by "one-eyed Ned" where
itn 10 rs followed them. There they got into
I'M IN 'tmmer got Dumas down; struck him with
rrsed NJ, mas OFF but he came back and witness
.ain nsp., AIDED him to go away next time he
" snS thinner INNER 4 seventeenth and Z streets il
,ptembsr, S I Who oDamas ThS wss on guard said
+ s'5i Sosi, e, Mani Mshe store thinner and
~ @ MN ~ ~ IIraT. r's house. There thinner
,lloS out that knife tthe one produced as the
strument Of the mu rderl from where u was
licking in the studdin, so,, s,tS nm no,S ~ me me
iife was going to MI. Eil, u, Wont hurt YOU;
It fn kill 10. Dumas II h, ~. thSeat mi NJ thss ths
,use." He told Dumas Of st Zimm,.p pus ivouid ,i
tier said that he did not tn. N'"'As' "oD'D
Gross examined thinner told witness at that
me that Dumas and he had been tb fe.atbsr srh'e
Ie dihiculty In May, and had dram, as,g ho,h
Mary schekels sworni Witness ,srsh nsoE ooh
,rties. She is the daughter OF MAR s.asr IN,
AS, and hef mothe together on the d. yoi ne
omicide. Dumas invited all parties ahe
eer. thinner said he never refused, an W
iree went out to get the beer, Next thing w
ess saw thinner ssme running h;n PACK Sstws MIN as
10 matter; he replied that Dumas had mounted
i'm, and he had cut. He then took the knife out
his pocket and witness saw blood on the back
his hand Ho then tried @ to Jump Pc Svss srtss tss
own the alley, but quickly came back, saying
ere were the guards. He then ran into the next
'om, and witness never saw him again until he
AS a prisoner. -.
lother's house. zimmer was not At home most
the time when Dumas came, Iimmer hhu
aid he did not want Dumas to come to his house,