Daily national Republican. (Washington City [D.C.]) 1870-1872, 1870-01-15
Aatinaill Aspnhlitau.
THE COURTS.


CRIMINAL CoURT-Judgs Fisher This
court was occupied yesterday with
THE TRIAL OF HoULIHAN ron MURBKR.
Theprosecutlon, continuing their evidence,
called the following witncssosi
Lieutenant EokioH testlhed that the stone
which was exhibited to tho Jury on Thurs
day ls the Same stone which was delivered
him BY Heshley on the day after the strik-
ing, With the declaration that that was the
stone which struck Kerr. He (Ecklofr)
had had tho stone in his possession ever
Mrs. salmcs testified that she saw the
reneoutre, and saw Kerr fall did not know
that ho had been struck supposed that no had
fallen from drinks saw the accused there.
X. johnson testified that he has known the
accused for several months. He saw him
month before his arrest. He had then
small moustache and whlekcrs, as he nov
has. At tho trial below, witness heard
Heahley testify what he know.
q, Davis testified that he had seen Davis
about the list OF the month before his arrest.
He had chin whiskors as now, but thlnner,
and that so far as he remembers no had no
moustache. Tho witness then testified ne
TO conversation which took place at tho
magistrates ofilce upon tho occasion Of the
preliminary examination. Hctestlhed that
on that occasion Heshley said he had
struck John Hourihau with his crutch, and
Hourihan replied, Eyes, here (pointing to a
spot on his facet Is where you struck me-"
He had q moustaohe. F.IfI.# ..f.U
Justices Schmidt aud Mills were called,
and testified 10 what took place on the pre-.
llmlnary examination. IL fr.r -
]. T. Howe, Of tho Metropolitan police,
testified that he arrested John Hourihhn In
4 shoomaker's shop, on Fourth street, he
was passing, and through the window saw
a man, who dropped his head AZ he saw him.
Witness went lnil saw that HourihAn had
shaved OF a moustache which he wore. Wit
ness arrested him a. no came along.
Tho prosecution here closed.
The defeuco then called Frederick Hall,
which Kerr waa struck with stone, and
that he distinctly saw man who wore,
among other clothing, a cap and white
pants, throw the stone which struck the
deceased. Hourlhan was not there at that
time. Witness knows Hourlhan, and Is Ger
tain he was not there, Witness had seen
the man who threw tho stone since. To saw
him during the week After the rencontro 70
Ing down New Jersey avenue. Witness told
sn officer Of that fact.
The Characterization related mainly 10
whether the witness had told parties In the
City Hall on Thursday aud yesterday that
he Ohe witness) knew nothing about the
case, The witness declared tho he had said
nothing Of the kind.
etepnen lhlty tesblncu that nc was In the
neighborhood on the evening Of tho ron.
contro. Saw Manice, who was reproach-
Ing ono Of the party with throwing the stone
which struck Kerr. Heshley also came up
with stone In his hand, saying "Hero Is
Tho stone that struck my friend, (Kerr, aud
there is the man that struck him. Heshley
at the same time pointed TO tho Identical
man whom Manlee had before said was
the person who threw tho stone. That per-
son was not the accused (John Hourlhan.)
Witness knows this because he knows John
HourihRn, and knows also the man who was
pointed out. Michael Hourlhan was not
there At the time. The man pointed out was
somewhat like the accused, but was shorter
In stature. ''I .
CroSS-examlncd, Tho man pointed out
was Tim. Hourihan, the brother Of the &C
oused.
Mr.. Darlington asked II the witness knew
the present whereabouts Of Tim. Hourlhan.
Mr.. Harrington objected, saying that the
defence had taken the terrible responsibility
Of disclosing who the man was that threw
the stone, aud could not consent that his
whereabouts should be ascertalned by means
OF their witnesses.
Tho Court sald the District attorney could
ascertain that fact by other methods.
Mr.. Carrington said that the prosecution
understood all thlsi the accused (John
Hourihan) had run away, aud Heshley was
talking to the whole party when he said,
"You" (meanlng the party) "haye killed
my friend" He wanted Tim. Hourihan as
a witness.
Mr.. Harrington said that II the district at
torney would pledge himself not TO prose-
cuto Tim Hourlhan the defence would pro-
cure his address.
Tho Court said that Mr.. Tally might aus.
wsr the question, ana Mr.. T. said hN did
Samuel Koocklogy testified he saw Hesh-
ley with q stone pointing out the man who
lift Kerr. Tho man pointed out he did not
think was the accused, John Hourihan.
James Marth testified to the Same effect.
John hourlhan was not at the rencontro, so
far as witness saw.
Mrs. Marth testified that John aud Tim
HourinAn boarded with her, that on the
evening Of the rencontre, she had supper at 0
o'cloi.k, John Hourihan came In q few min
utes Rfter six, aud sat down 10 supper re-
malr.ed there some tlmej some time afte-
war de her husband and Tim HourlhAn came
In. Note.-The evidence for the prosecu-
tlon showed the blow TO have been given
after six o'clock.
Mrs. Rebecca briggs. Witness worked in
Heshley's house In August last; sho heard
Heshley say that he did not know who struck
Kerr, that they were all too drunk to know
anything about II.
Mr.. West Las known John Hourlhan q
LOVE- dive noyo, iTno,., Mn, ~ 80 a ,s,,,.
oS s'uie' no'0' Aue" nun W "el' NOUS
Ini.., o,...., ,..,ta.a -. r.A H..
TlhAn never wore moustache.
Mt. Ward testlaed TO the same thing, as
did p. II. Donegan.
.,.nVSst -, ~ ~ s.,sS,,, - ~ IS
son,sn, ~ a an on so wa - M az Iohn
Hnnsih, ~ Wi,a.ss ala ~, ,aa IN, M,,,,
tibsn ahnrt ,hsro 'N NV Nv '0"1 'AOu'
nanisI i - coicr.d to.,ia.d ,ba, Ia uvsd
liz UasbIe,' "a ~ h.ssd hIr, -, ~ SJJ