Evening star. [volume] (Washington, D.C.) 1854-1972, 1869-11-16

THE & STREET MURDER CASE
CRIMINAL COURT. Judge Fisher.-This morn
ing. the jury in the case of James Kelly, in
dcted for the murder of John Mardes, by cut
ting him with knife, on the 18th of July last,
was completed by the following jurors being
sworn in addition tO those sworn Yesterday
John Fowler, Frederick 5. Newman, Henry
Rochat, John Riddle, and George t. Bassett.
Mr.. Darlington opened the case for the pros
ecution. reciting the circumstances of the muir
der as he expected to prove them, and claiming
that this was clear case of murder.
DIR. +. w. Brennerman was first sworn, and
testified that on the 18th of July he was called
TO attend the deceased on the schooner, and
found transverse wound of the abdomen, with
intestines protruding. The wound on the body
the left forearm. These wounds could not have
been made by one blew. He remained con-
scious to within short time of his death, which
occurred about six O'Clock. He had no question
but the wound caused his death.
Capt. Robert A. Miller, sworn.-Wirness knew
deceased and accused, who were in his employ
in the schooner Agnes Ann; the former was the
mate, and the latter was the cook and steward.
Kelly had been in his employ but twelve days
when the homicide took place. On a trip down
the river Mardes and Kelly had a little fight on
said if he had a knife he would gut him, but
Mardes having jumped overheard to get Kelly's
hat, the latter said that Mardes was good fell
low. About sundoun previous to the hom-
icide Kelly asked fer a knife for use i'm the
galley, but witness refused to give il to him.
Witness, about IL O'Clock, looked on deck, and
saw MardeS with his hands OUT tretched, and
Kelly drew the knife from VI IS abdomen. Wit
ness said, 4" Kelly, you've killed Jack" but he
made no reply. Jack thought he would live at
first, but afterwards he said that he thought he
would die and asked witness to send for Father
Boyle, but witness thought deceased would not
live until Father b. arrived, and sent for an
other priest. Witness was here shown a sheath
knife, and said that he could not swear posi-
lively that this was the knife used.
ORPHANS COURT, Judge PurceU.-To-day the
will Of John Flynn, heretofore fled, was partial
proven. The will Of the late Lewis Brooks. of
Georgetown, was fully proven. The will of the
late Peter j. Collision was admitted to probate.
The will Of the late John Lang, bequeathing
his estate to his two sons, John and Luderick
and appointing Phillip May, guardian and ex
ecutOr, was filed. The will of the late John
Seubeath, bequeathing his property to his fami-
ly, was filed. fully proven and admitted to pro-
bate. The widow and children of the late David
Rawlings renowned the right to administer on
the estate, and letters of administration
were issued to VIM. Dxon-bOnd, 5000.
Letters testamentary on the estate of the late
Peter j. Collision were issued to Helen p. Colli-
sOn-bOnd 81, 600; on the estate of John Sebert
to Athena Sebert-bond 81 600 Joseph Nessen-
sohn was appointed guardian to his minor child
SOphia-bOnd 81 900. Letters of administration
d. b. H., C. t. a, were issued to VIM. ID. Cassin on
the estate of Ann L. Washington-bOnd e. 900.
Letters of administration on the estate of Chas
I. Upper, late OF Michigan, were issued to
John JOhnsOn-bOnd 500. The will of the late
Amos Kendall was filed and fully proven.