Daily national Republican. (Washington City [D.C.]) 1870-1872, 1870-04-07
THE COU RTS.
CRIM1NkL OoURT = Judge F7sher.-- Thl,
court was engaged a. follows yesterday
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CRIMINAL ooURr = Judge FYshsr.- This
court was engaged as follows yesterday
Tun TLoTD-DoNNELLH HOMICIDE.
Henry Floyd was again arranged for the
murder OF John Donneliy, by pitching him
overheard from a vessel In tho harbor OF
Georgetown In August last. This Is the
second trial. On the hrst trial the accused
was convicted Of manslaughter, and, being
recommended to the mercy Of tho court,
seutonoed 10 two years In the penltentiary, as
was fully reported at the time. A few days
after the conviction Floyd's counsel, Messrs.
Harrington aud A. D. Williams, obtained q
new trial upon producing newly discovered
evidence In the testimony Of party who
was on the dock Of the vessel at the time
Douhelly fell overheard, and who sworc
that Floyd was not within ton feet Of him at
the time. This witness had been absent In
California, aud had returned aimee the trial.
At the opening Of the second trial a Jury
was obtained without difficulty as follows
Parker Moultou, ]. II. Newman, Patrick
Dee, I. t. eamuels, VIM. II, Parker, Patrick
Borland, Clommeht Brook, w. II. Brown, 81,
Walker Lewis, John 8. PaEson and Richard
Waters.
Dlstrict Attorney Carrlngton and Assistant
District Attorney Loyeloy appeared for tho
united btatesi ana meaefb. harrington ana
Williams for the prisoner. u.0 ...
Bat little interest seemed 10 DO felt at first
In the trial, the crowd In tho courtroom
consisting only OF the usual number Of hang
ers-on Without the BARI but as the trial pro-
crossed the courtroom Allied up until seats
were fouud with difficulty.
Tho testimony was then begun, aud In
wss the came as that offered at the
last trial, except that the defence called a
new witness, who testified aa follows;
NEW WITNESS.
O. +. Barnes, sworni Witness lives In
Washlngtoni Is a sail-maker and ship chand-
Ter. Witness was on board the A. d. scull,
the vessel from which Donnelly was drowned,
In August Of last year. At this time witness
was there getting signatures 70 petition
for light-shlp on Winter Quarter Shoals.
Recognizes the accused, but on that day no
looked dirty and drunken, Saw Floyd and
Donnelly come on board; both men were
drunk and playful. Did not notice them
much until they came on boardj they were
congratulatlng each other on the d-n good
time they had had In town, embracing each
other, &c. Presently both sat on the railing,
both sat there awhile, the deceased sitting
nearest the rigging. Some one In the cabin
cried out that dinner was ready, and either
Floyd or Donnelly said, go TO hi with
ySNA HAAuhNlf "AAt wv We WahN WIN IVtA
Floyd then got up and went to-
ward tho fore boom, and stood there. He
was at least ten feet from Dounelly. Dom
nelly put up his hand 10 reach the lanyard,
and failing TO reach Il fell overheard. Wit
ness sang out "Man overheard" Floyd
with others ran upon the wharf and tried to
rescue Donnelly, but failed to do so.
Mr.. BIS voice was 80 hoarse that he was
not able to speak above q whisper. He
spoke In whispers 10 the Judge, who repeated
his statements aloud to the Jury. His hoarse-
ness and his absence from the trial were
both explained by counsel, saying that he
was detained on his way across the plains
from California by snow storm In which
he lost his voice.
ANOTHER NEW WITNESS.
The prosecution then called upon Mr.. -,
who testified that he was steward Of the vos-
sci, that he saw Floyd strike Donnelly, and
dually saw him push Donuelly overheard.
The case was argued by counsel and
given TO tho Jury at $3.50 O'Clock. At $3.50
Judge Fisher took a recess until this morn
Ing, directing that IL the jury agreed they
should render a sealed verdict, otherwise re-
main out all night. s.
Charles Brown, charged with stealing a
pair OF shoes from Jacob George. The Dis
trict Attorney declined to prosecute further
In this case. .....
DAsHEHpRoAK ADMITTED TO BAIL.
The trial Of Bernard Dashenbroak, In Jail
charged with the murder OF Conrad Wag-
gener by striking him on the head with a
crushing his skull, from the effects
Of which he died on Sunday last, came up
again before Judge Fisher yesterday. Upon
a consideration OF the testimony the accused
was admitted TO ball In $4,000. H
Adjourned. r.H" r. g
CIRCUIT CoURT-OhiSf JHsties Cartier
This court was engaged as follows yesterday:
Busey vs.. Moore. This IL q suit, now on
the third day Of trial, for the violation Of q
patent for the manufacture OF q fertilizer
Of bone dust, guano and common
salt. The case occupied the entire day, and
was not concluded when the court adjourned.
Nailor vs.. Phillips. Judgment OF justices
affirmed for the possession Of house No. 430
Thirteenth street north. ..-f..
II. w. & w. Gait vs.. Phillips. Judgment
OF condemnation Tin suit for the value OF
jewelTy) Of credits OF defendant In hands OF
I. Donoho TO the amount Of t116.
Hayes vs.. Corporntion OF Washington.
Mr.. MerrlckS fles motion for q new trial.
Lewis vs.. Cammaek. Order extending
time for taking testimony.
Stanton q Hopkins vs.. Brown. Order to
be placed on the calendar. 70.
Mohun g. Bon ys. PloWman. Further
time for the taking OF testimony granted on
the motion Of Mr.. Hlne. af
Harrison vs.. StarkWeather 4 Plowman.
granted on same motion.
Pau vs.. JuennemAn. Same order on
motion OF Mr.. Hine. Or dol
Judgments by default were entered in the
following cases by the attorneys named :
Plummer vs.. Keef, Norris. Baker vs..
Scharet; Mason. Brown q Son vs.. Walsh;
Wilson. Weld, Maggie 4 90. ys. Freeman,
Wilson. Olcott q Bon VS.. 8. v. Boyd.
BARRY vs.. Clutter; judgment confessed.)
Leeger ys. Betzi J. L. Smith. Kelly q Ed
munds Vs. Taylor same. Walker a Co. vs..
Usher Appleby. Dainese vs.. Benton; Nc.
Phorsou. McPhcrson W. Davidson b Col
Appleby. Brown & Cow ys-.Walker, Nc
Gideon, Payne. Hannemahn Life Insurance
Company 70. Clarke; same. Latham q
Brothers vs.. shepherdi Hlne. Eastwood W,
West; same. HRrsin W. NIleIi samo. Han
son a. Mussey vs.. j. Pearson, aame. John
Van RisWick Va. q. L. Walker; Fsndall and
Fendall. w. 8. Mitchell q Co. ys. Newell q
Onion, Fendall aud FendAll. Cooley vs..
HaFVey, Norris. Cooley vs.. Wood; same.
Fawcett a Co. vs.. solomonj same. Fawcett
q Co. ys. Ridgeleyi same. ~. ".
- CASES TO-DAY.
luo following CAach arc uttlBneu LOT trial
today Nos. 1ls, 34s, S15, So5, 8Ss, 148, "a
sPpeals,) $50, go apPeals,) isa, los, 19s,
1884,, 844, 50 and 2S2. E j.
Adjourned. .srr .r.fa..
suPREAR CoURT or THH UNITED STATES
WsdnsSddy, AprR 0, 1870. = No. 1877. Tho
United States ex rel. A. o. Brown, appel
liant, ys. Charles Goodyear, IT,, executor,
sc. The argument OF this cause was con-
cluded BY Mr.. Gushing, OF counsel for the
appellant. --rr# .r. re. H...
No. i0s. Joseph W. Hancox, appellant,
Va. The steamship Syracuse, &c, The argu-
ment OF this cause was commenced by Mr.,
McMahon, Of counsel for the appellant, aud
continued by Mr.. r. Benedict for the APP
pellee. Hlr
Adjourned until tomorrow morning at II
o'clock. +rr.i-.r ~
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