Evening star. [volume] (Washington, D.C.) 1854-1972, 1871-04-28

and the Spectators in Tears.
This morning HOrltio Bolster. who was yes-
tercsy found gully OF the murder OF 10 eph
james, alias " Sonny" James, on the 22d of
February last, was brought into the Criminal
Court; his counsel, Mr.. Barrett, having made
motion in arrest OF judgment, and to-day hay-
ing been named by the Court for the hearing.
The room was denSely crowded some time he
fore tie hour of 10 O'Clock, while on the nave
nents outside the hall we've gatherings OF young
men, white and cOlOred, anxious at least to get
view OF the prisoner, and some of these
assembled az the gate OF the jail and followed
tie prisoner over.
vas escorted 70 the court room by BailiH Stahl
and Lieut. Kelly, with Orficers Fuss, DaiIy
stephens and Wilson. while Sergeant johnson
with OtceT Parker and Others. kept the crowd
from pressing TOO close on the accused. Bolster
was dressed IN pepper and salt vest and pants
and black cloth coat, and appeared TO be in good
murder.
nK- BARRETT, ADDRESSING THE COURT,
stated that he had made q motion in arrest of
Judgment, on which material defects IN the in
dIetment could he brought up, but, on exami-
nation, he did not discover any material defects
Since the close Of the trial yesterday some facts
lad come to bis notice which he thought would
entitle the prisoner TO
A NEW TRIAL.
These facts come from reliable parties And
ne suggested that the prisoner be remanded till
he could examine this new evidence.
Judge Oln said that the counsel ought 10 be
able 20 state the facts.
that he ought TO make them public, but would
state them
PRIVATELY TO THE COURT.
Judge DIN said all private communications
OF counsel with the court were wrong adding: ssIt
then remains for me TO discharge the duty de-
volved on me, and motion for a new trial will
lie as well subsequently,"
Mr.. Barrett called the attention of the cour,
TO the point omitted in the charge Yesterday
that Bolster did rot 90 direct from Entwisle's 10
Weleh's, and considerable discussion followed,
theory made IL
WORSE PoR HIS CLIENT
and in speaking OF Crops, asked where he was.
and being answered "ln Baltimore" remarked
that he had better not come any nearer 70
Washington than Baltimore.
JUDGE OLIN THEN SAID:
BOLSTER stand up" and the prisoner cOmply-
ing, the Court said:-''YOu have been convict
ed By jury Of Jour country. almost of your
own selection, OF the crime OF murder. You
have been defended with great zeal and ability
and stiu the jury, under the instruction i have
given them g. 20 the law of the case, have tonnd
you guilty without much hesitation. Have Won
anything % say Eow ~
Prisoner, very much excited,)
II BAvK MUCH To SAY,
say il At the present time"
The Court--'"Wait = moment.
ToU had BETTKR BE CALM
under The sOemDlties that surround you. You
had better LET me say word TO you. i ask You
now II you have anything to say, and YOU have
nght 10 say whatever You choose to say here
TO ne Why
THE SENTENCE or TIE LAW
Il am about TO pronounce should not be passed
upon you. Possibly YOU can say something that
Will arTest that sentence, and am disposed -
hear you patiently as the the jury heard YOU
and your witnesses and your counsel WITH
patience. But Won are surrounded, BoIs az
now, by circumstances and in a condition in
which " Will be well for you TO lay aside malice,
heaIt-ouInings, lnsolenee. and everything of the
kind Will hear You patiently in whatever Won
have 20 say; but the duty is imposed upon me-
and must perform il. Now 1 will hear Won IL
you have ANYTHING to say upon this subject"
The prisoner here turned 70 his counsel 10 oh
tain bis consent 20 make a statement.
MI Barrett nodding assent, the prisoner said:
"Will you allow me
To 60 ON TIE STAND,
where all these people can hear me?'
The Court--"I DO not like to have You too near
me; Bolster, unless you have been searched"
Mr. Barrett-"Address the Court, Bolster
The Court-"You can be heard around here
Bolster" POINTING TO the space immediately
IN front OF the witness stand.J
BOLSTER'S eTATEMBNT.
Bolster advanced 10 the spot indicated and
spoke az follows
eel will offer no insolence or speak any inso-
ieDce, as bear no malice to any man. / only
want 10 make statement, true statement OF
this affair on the night of the I'D OF February.
i, IN accordance with an appointment, met Mil
Ter * Coombs az the corner OF 9th street and the
Avenue i left them there. They told me to
meet them at the corner OF 18th and the Avenue.
i was 10 assist them in case. l then went TO
the restaurant OF Reddy Welch-Martn welch.
staid there till $50 O'Clock. went TO the cor
ner Of 18th street and Pennsylvania avenue I
there waited until near O'Clock, when William
Davis comes across the street and says "HaIlo
Rashe, what are you doing here ?" 1 SAYS .sI am
waiting for friend OF mine" He says do you
want 70 60 to the thester. says mo sir" He
remarked II you do here Is a check. 7 am not
going back. At this Jim Green and the deceasai
came 20 the corner, drew back, James did, 10
stTlke Davis l caught hold OF his arm and said
'Dont 90 that, Sonny, you are wrong," At
that Jim Green struck me. Then James AMI
Green beat me until
WAS ALMOST ssNszrsss,
until was senseless, and leaned this way de
scTibes III against the wall when came TO NV
senses Then, a. soon a. I came 70 myself /
haioed ior mercy, murder, and everything 1
SU a Inc s oniy man ,hst saw standing BY me
was BeveridSe be keeps a jewelry store
on the avenue. The COURT Ben Bev-
says, Bolster, who has been beating you9S
Supposing him 70 be one of the party, 1 said al
h0 not know did not know but that he was
one OF ne party, and that If told him who did
PINIsH THE JOB
While Beveridge was standing there Coombs
and miller came across the avenue. They
beating you?" 1 saws, "Sonnv James and
another man. for AZ that time id not know
Green. Witness here calls for glsss Of water !
II.
That was Jim Masuire's, on the corner OF 18th
street and Pennsylvania avenue, on the oppo
s,te Cumbersome call IL r street; IL IL where T.
commences on the south side OF the avenue
went m there. My face was washed. was so
Ne.k thAt could not tell who washed INV face
hho ear me IN chair. 4 took q little drink OF
sID. Soomos said, "You had better drink some
.hLbs, ana see II II will not Strengthen YOU mo, %
ne saiu here Is SEINE money 20 10 the druy
store ana get your wound Dressed This was
toomes. went 70 the drug store on the cornsr
Of lzth street and Pennsylyanis avenue: for
get the man Who keeps IL io'-
Mr.. Barrett" EntwisIe."
The prisoner, resuming -" asked for a doc
tor. The doctor was not there. I then went 10
The saloon OF Martin Welch. Then met Jones
IN that saloon; he was there. says, 'will yo1
70 With me 70 a drug store and get my face
nfesedP Mortimer was there when came in
ne looked up AZ me and said. Who IL that? Is
tnat you, kseh y was beat 80 a man could
hAdly tell " ho II WAS. He (Jonesl went with
me 70 the corner or 18th street and the avenue
20 THIS drug store, and then Dr. Bulklev was
there. de dressed my wounds and n says
James viii pay you for this, for Miller saws il
viii all be right thought at the time ii Wa
oone through q mistake. After he fnished
dressing NY wounds he put the bandage over
my head and over my nose. My nose was neysr
broken before, rcr was there any scar there
Then went TO the place OF James, MP here on
YenDsylvsnia avenue, In company with Jones
There was no me else with me. went with no
weapon and no malice.
TO HAVE AN EXPLANATION,
tnl1klny that had bean oh a -