Evening star. [volume] (Washington, D.C.) 1854-1972, 1871-10-05
THE JAMES HOMICIDE.
second Trial Of Her.sio Bolster
Cp-NrxAI, CorRr. y..,oe ttmph,

CRIMINAL CouRT, J.d1e h ~pareys-Yestor-
day after our report closed
-Sc-Res Green was sworn, an6 testified that he
We with the deceased en- the night OF the hOfni-
O'Clock that night Trey LEFT the theater ana
crossed to the avenue and 18Th street; when they
got at the southeast corner met Bolster and
Davis; James hit at Davis and witness hit Rol-
ster; James had nothing in his hands when he
Struck Davis; they then went back to 1919 Z
street, kept by James; were there about three
quarters of an hour, when the bell rang and tie
celored man went towards the door; Dennis Bar
den said, LET me co." James went down and
struck at Bolster, when witness prevented him
from doing ii; witness and deceased went to Cod
rrey's and took drink; stood there ten OF fifteen
minutes, and heard some Oae come from behind
them, and turned and saw Bolster coming from
the southwest corner of 14th street and Pennsyl-
vania avenue, Bolster raid, els that you,
Sonny" and James said EYES," then saw q man
hand Bolster a gun Bolster took it and cane
towards the I'm; witness remarked to James,
when Bolster discharged the gun and shot
James, who had his left side toward Bolster;
Bolster then walked 70 TIE gutter and dropped
the gun, and ran toward the crossing; witness
called for the police; Officer Perry came up ard
arrested Bolster; James was carried into t. c
drug store; he lived one hour and fifteen ssnin-
utes. Witness was cToss-examined at length Is
Mr.. Barrett.
Third Dey.
The trial was resumed this morning.
A. WombOId, sworn Witness keeps the ParE
House, 1915 street; the prisoner came to thai
house with another party on the night of the do,
and asked If James had been there and witness
saying that they would find him up the street.
they left; it was five minutes before ten, and if
teen or twenty minutes afterwards two gertle-
men lett the house, and the report OF gun was
heard; witness went up, and saw that James had
been shot.
Cross-examined by Mr.. Riddle Did not know
the party with Bolster; he wore alight gray coat
Bolster had a bandage over his head, and flesh
blood had soaked through il
Redirect :-R6lster was quitecalm; not excited
W,n. ~. Jones, sworn Witness was barkeeper
for John W. Usher in February last and on the
night of the homicide, between94 and 10 o clock,
a man came to the door, looked in and around
She room, and withdrew; he had a handkerchief
round his face; the remark wss made outside:
g He il not there for inl;" there we're
TWO MEN OUTSIDE WITH BOLSTER,
and the smaller one went up towards 1ith street
with Bolster, while the other man followed.
One man stood near the telegraph pole and held
his right arm rather stiff, and vt en- he walked
on swung one arm. Witness here described the
manner in which he walked off,
VIM. Thomas sworn-Witness wRs employed
at James house in February last, when Bolster
besitated, and Bolster said it was all right;
Darden and James went down, and witness
followed and found Bolster there and his hat
On the ground; gave him his hat and asked him
to go away, and walked with him to tie corner
of 18th street and the avenue; fifteen minutes
aitsIsaTd heard the report of gun; went down
and raised him up, when he said
''DENNIs, I'm GONE"
Cross-examined by Mr.. Riddle :-Theye was a
little fellow with light coat and Scotch cap with
Bolster that night; Bolster.s head appe&, ed to
be cut.
Btrjan1s Scott sworn.-witness resides in
Richmond; was here on the night of the komi-
eide, (Feb. 22d last;l witnessed the shooting;
while looking in the window heard one say, "a Is
that you, Sssa s then H thought he heard the
saw the prisoner; heard some one say, "Stoptkst
mas" and the policeman came, when Bolster
said, "Take ne"
Dy. Potter (csroner) was called to identify
clothes of deceased, and they were admitted By
defence.
". ". Perry (paliceman) testified as to the ar
rest Of Bolster as at the previous trial, and on
cross-exaMination said, Some ole struck at
Bolster
.Sergednt C. X. .Tervson sworn.-witxess was at
station when Bolster was there, and went to cell
to Put leg irons on; said to him, " Rsehe, this is
bad snap" when he answered, Look at my
head; it was the only, way had Of
GETTING REVENGE,
and / feel as Innocent as a babe"
CrOss-examined:-heE vas very much q ashed
Officer John Z. Bo.sls- eorroborated the testi-
mony of Sergeant Yernoa-
Mr.. Harrington here stated that he had but
one other wltness (Gr. Duerng), from whom he
had dispatch that he had left Baltimore at
11:30.
After an informal recess, some discussion took
place as to admitting the testimony Of Mr.. Chas.
Duering, given at the former trial.
ALr. Harrington said if it was proposed to take
recess he would prefer that it BE taken now, 20
that the witness could arrive.
Judge Humphreys said the witness could not
arrive until after O'Clock.
Mr.. Harrington said the train left Baltimore
at 11:3O, and came through in Z hours.
"NoT CATTLE TRAIS."
Judge Humphreys remarked that he had been
time and again from two to two and half hours
on the road.
Mt. Harrington.-"T This is not a cattle train"
The testimony of Duering at the preyi-
Gus trial was then read by Mr.. Harrington, TO
the effect that he saw Bolster and man he after
wards Rscertained was Wells, at the Park
House; that deceased, Green and himself we're
talking when Bolster andWells come up, one ask
ing "1s that you, Sonny" and the reply being
given Bolster walked tc house, got a gun from
a man, come mp and shot James.
The government here closed, and Mr. Barrett
OPENED THE CASE FOR THE DEFENCE,
saying that nov the government had closed, the
defence proposed to show different statement
of facts; that Bolster had been beaten nearly -
death, and had II not been that the prisoner had
more vitality than usual, James and Green
would row be On trial. They proposed to show
that on the night after the great carnival had
disgraced our city two police officers ssked Boil
ster to assist them in ferretiDg out crime; that
the policemen stationed Bolster at the corner
OF Pennsylvania avenue and 18th street; that
James and Green found prisoner and Davis
there; that James struck at Davis without a
word or warning, and Bolster took Green by the
hand and told him to stop; that Davis got him
self away, and the two beat Bolster, cutting his
head and smashing his nose; that he was found
senseless condition; that the parties went after
wards 10 Oyster Bay, Hurdles, and other places.
Bolster then went to Entwisle's and met Tom
Jones; DIR. Buckley dressed his wounds, when
Ii. stated he believed he had been beaten by
mistake, and thought that James would pay the
expenses, and was advised TO go and see him;
went TO James house with Jones' when he was
beaten again, Green pitching into Jones. They
then went TO Welch's, where Crops and Sher-
man were, and was advised to 90 back and
seek an explanation; that Crops took a gum
and they went up to find James; that when he
hailed James the latter rushed at him, and Boil
stcr retreated, and Grips handed him the gum
ard he fired the fatal shot as James had his
hand uplifted. He claimed that Bolster had
been driven TO the wall, and that the act was
computed in self-defencc, and if they proved
the facts stated they would demand verdict of
acquittal
BenJcn,;n ?. Bsreridge sworn.-On the night
Of the 22d of February heard the cry OF murder;
ran over; saw two Ipen running; found Bolster,
who had been beaten, and asked what was the
matter, and he answered that he had been beaten
by mistake. He had been beaten about the
head. Coomes and Miller came up and took
Bolster TO a restaurant, and while there James
and Green came up 18th street. Witness asked
James what the difficulty was
Objection was made, and after argument
Judge Humphreys said 1t would be a very illib-
eral construction Of law to exclude any material
facts in the case. There Is no clearer proposition