Evening star. [volume] (Washington, D.C.) 1854-1972, 1870-03-16
The Double Homicide.

TRIAL OF ALBERT NICHOLAS FOR MURDER.
CRIMINAL Court. Jadge oiin--Yesterday,
after our report closed, the evidence for the de-
fence in the case of Albert Nicholas was con-
tinued.
D. Finney W. Holmes, p. Frazier, and John
Moore testified TO the peculiarities of the
accused as to his having had fits his incapacity
for business, &c, and one of them to the fact
Of his having, while working for Mr.. King. a
day or two before tho homicide, received fall,
striking his head, causing him to complain the
neat day vi the hurt.
THIRD DAY.
This morning the trial was resumed, and,
after some argument
Kara Russell was sworn for the Defence
Witness hss known accused nearly two years.
lie frequently visited her hOuse. Witness was
AT his house when his wife was confined. The
vile said he was always kind to her. but was
cross whenever her mother came to the house
CTo>s-eNamined by Mr.. Carrington:-when
the mother was present he was cross to both OF
Esctsda Walker sworn:-witness is a midwife:
attended the prisoners wife. On the occasion
OF his wites confinement he acted mprudently
quaTreling with his wife and her mother: his
dinner did not suit him and he quarreled with
The old woman, saying that he did not want her
the wife The child was born dead. and he said
II was just aS they wanted il, and appeared To
gtt nad, lie said afterwards that he got mad
because the old woman's words had come out
true: There was mourning put on the house.
and Nicholas said he put it on.
Dr. Z. c. Cor, sworn.-witness is a practicing
SINCE, IN the presence of the counsel for the de-
fence; did not make minute examination.
assoc re" luestons to ascertain his condition;
discovered no physical defect; his appearance
shOv ed that he had weak intellect: REGARDED
the prisoner as being an imbecile; imbeciitv "a
condition OF mind where there has been some
intellect. There are degrees of imbeciiitv as
well a. idlOcy. Those forms OF imbecility which
in early life are attended by epilepsy are said TO
be most likely TO lead TO hOmicdal mania 1t is
possible that attacks of epilepsy NAV occnr
which may not be noticeable outside of the pro-
fession. The intervals between epileptic fits
vary, and the books record instances or inter-
Eas Of fifteen wears.
DIT Snodgrass asked the witness to classify the
phases of epilepsy.
Judge Olin.-Then the doctor can o;va mo ,
lecture on epilepsy; but il NAV be answered.
nr COX described attacks of epilepsy some of
winch were more intense than Others. Persons
wen attacked with epilepsy are apt to fall in
the ire when they are sitting in front of il The
description OF the prisoners condition as given
N the evidence, was pretty good description
Of epilepsy.
Mr. Miller proceeded to read a hypothetical
case III person from the age of twelve wears
rad been an imbecile, had attacks of epilepsy,
&c, trecltlng the circumstances and antece-
dents of this murder, } and closed with a oues-
hon as TO whether such a person was legally re-
sIonsible for the act.
The Court Oyerruled the question on the
ground that it had not been proved that the ac-
eused was an imbecile, but, on the other hand
u was IN evidence that, although of weak mind,
ne contracted marriage, became the fathereDf a
child, and was deacon of the Baptist Church.
The defence noted an exception
hIter recess Dr. Cox was cross examined by
MI LoyeJoy. Persons subject to epileptic fits
attend TO business during the intervals between
mem, unless the mind has become too much i'm
paired.
By Mr.. Miller.-Imbecility, when connected
With epilepsy, in early life, will sometimes re-
suit IN homicide mania, and sometimes when
not accompanied by epilepsy.
Jackson humphrey and NJ. III. Bear, who had
hadth accused in their employ testified 10 his
quiet and peaceable character
CIRCUIT COURT, Jadye Cdrttsr-This morn
ing Wait agt. Walker; jury out
. onion .. Butts sgt. McClintock on trial. This
> an action for damages for the breaking of a
buggy ana harness, and injuring a horse of the
fialniln which, II Is alleged, became fright.
en e, oy an agent of defendant, throwing piece
OF baggage IN the wagon with such force as to
scare them, and the result was the runaway.
ne defence Is, that the horse broke away be-
Iore the baggage was thrown in. Messrs. Norris
defence.
TIE CITIZENS RAILROAD ASSOCIATION met
last evening in the Aldermens Chamber, at the
6lty Han, :. s. Baker in the chair, and j. T..
DOugnty acting secretary. The resolutions of
Po;o 1onnoIiy deeiaring mat the Baltimore and
road to the Pennsylvania line should be the first
roads aided in the order named was taken MP
with the pending amendment of j. +. Snod-
grass. declaring the Loudon and Hampshire
road should be placed second on the list
lengthy discussion took place on the amend
Brown, and opposed by Mr.. B. Milburn, J. NJ
blanchard and Others Mr.. Miburn argued
that the road was an Alexandria affair, and he
thought there WAS a swindle somewhere In the
enort 10 have Washington take stock in it. Mr..
Bls-chard had no prejudice against the I.oudon
and Hampshire road, but he thought il would
take at least tive years to build it, and il was A
question to be considered il the city could take
The stock to the extent of a million of dollars,
the road was being built. The amendment of
MI SnodgIa ass was rejected, and the resolution
as offered by Mr. Connolly adopted.
BALTIMORE ANNUAL CONFERENCE OF THE
AFRICAN METHODIST EPISCOPAL CHURcH-
This body will meet this year on the 10th of
Western and Eastern Maryland, and also the
District OF Columbia There are sixteen
stations, fourteen circuits and six missions
employing forty ministers. There will be- il is
understood, two changes in Baltimore eIty this
year, the Rev. ID. W. Moore's time having
expired at Bethel Church, and the Rev NJ f.
at the corner Of Bank and Wolf streets, has
been transferred by Bishop wayman to- the
+. N NoTtn carolina Conference and appointed to
{ OF new churches built during the conference
year-two in Baltimore city, two in Washington
city, one in Hartford county, near Havre de
Grace, one at Butlertown, Kent county. one at
Church Hill, Queen Anne's county, two in
frederiek county and one at Cecilton, Cecil
county. Bishop Wayman has appointed the
Rev d. W. Moore to preach The annual sermon
o before the conference, and the Rev. Jonathan
b. Hamilton to preach the missionary sermon.
DANGEROUS CONDITION OF John Horer-
+HAN-,john Hourihan, the party engaged in the
ARRAY with police officers OF the seventh pre-
dangerous condition. His attending physician
rs doubtful of his recovery from the wounds in
nieted- Those on his head are seven in num-
While conscious, which II only at intervals he
suffers intense pain, being unable to move
without sggravating it Most Of the time he