Evening star. [volume] (Washington, D.C.) 1854-1972, 1871-08-19

James, the Alleged Accessory, Before
Judge OIfn.
duplication for ,RafI.
The Application Reused, and the Prisoner
demanded TO Jail

This morning on Judge DIN taxing his seat in
the CTiminalC Courtroom, motion was made by
MessTs. Phillips and A. Il. Williams that VIM
i. James, e0I1m4tted TO Jail as an accessory to
the murder of John Mccarthy On Monday MS hi
the amount Ofahail. There was Sarge crowd OF
spectators present.
In a short time James was brought into court
as alro Mr.. Clay &. Clinton, who is confined as
box.
The government was represented by Judge
Fisher and Mr.. Charles Fisher.
Mr.. Phillips stated that this was
AN APPLICATION FOR BAIL,
and they proposed 10 show that there was nc
concert of action between Darden and the pris-
oner (Jsmes); that when the fracss occurred he
tJames) attempted to part the combstants and
reeeiveda blow; that he picked up astsne, which
de made no efforts to use.
Officer J. Il. ASscn was examined by Judge
ther, and testified that on the night in ques-
tion lie heard
THE CRY OF MURDER;
ranup: saw Mccarthy holding Darden-yith his
left hand and hitting him as fast as he could
with his right; witness grabbed Mccarthy by
the kcft shoulder, and had got him six OF seven
feet on when the first shot was fred by Darden;
heard five shots altogether; saw the flashes o
the PISTOL fired by Darden; witness told Me-
Carthy he was under arrest, and after seeing
the shots he went TO Da-den, and just as witness
got Lis hand or Dardens shoulder he fired his
fourth slot; turned Darden around by his left
arm aDdhe fred again; Darden was perfectly
Frustrated, and fell back in his arms asking,
"John, what are you going TO do with me?" 20
which witness replied that he would take him 10
the station; witness asked what made him shoot
the man, and he 3D. said
"YoU DIDN'T SEE NE SHOOT HIM, DID YOU ?''
Did not recognize any others in tie crowd.
There as a man in light clothes there about
his size. Witness was here directed to stand
beside James. and il was apparent thai the Of
fcer was an inch taller.J This man was away
towards the building, lMrs. Dubois,) Witness
called for help. There was no policeman by
then, but Peastef and others Came up. Peaster
had on light clothes, but he was not the man re-
feTred to by witness as running away.
Gross examined By Mr.. Phillips Witness got
there before the firing began.
THE PIRiSG WAS RAPID
after parIse between the first and second shots
Darden was very much bruized, one eye being
closed. DaIden was standing up while MEGA
Thy was beating him. Did not hear a cap snap
before he gos 10 the place.
AnthORy LEHey. sworn:-Witness was with Me-
Carthy; closed shop little after 0 O'Clock;
walked down and met Mccarthy at the ST.
James; started up the Avenue together; Nc
Carthy went into the Republican ofEce; witness
remained down stairs; then went to the Dickson
House, and thence 30 Godfrey's, near I4th street;
took glass of ale with another gentleman;
walked to the front of Wizards; started for
home; went up 18th street to
MISS NILLwooD's,
whom he understood was Mrs. Mccarthy; de-
ceased had a few words with her; maineG only
ward 18th street, when they met Darden and
James, but not word was spoken by either of
the party. They turned down 18th street into
the Avenue, and when about half down the
block, Darden came up towards him (James
with him) and grabbed Mccarthy that way,
Quitting his HANDS over his ears.) They had a
set-to, and witness saw James with this stone,
(the one exhibited at the coroner's inquest,) in
the act of striking Mccarthy. Witness went
behind him and grabbed his arms. At this time
he heard the snap of pistol, and Mccarthy
said, " Oh, you are going TO shoot mel" In the
meantime witness had got the stone from James,
and tried to keep him from going towards
Mccarthy. The pistol was then fred, and af-
teIwaTd heard three more shots. They had got
into the gutter when witness was tussling with
James, and it sounded from where MCCARTHY
and Darden were. After the first shot, MeCar-
thy staggered, and when witness ran towards
Mccarthy he said:
"TONY, I'm SHOT"
Witness said, go, my God, no., could not saw
whether James struck Mccarthy or not; he
broke from witness and went towards them;
don't recollect whether policeman OF any one
else came up before the firing; witness did not
hear James call for the police, but he (witnessl
did; Mccarthy was leaning in the door [witness
bad hold of Dardep then.
Cross-examined-When Mccarthy was beat
ing Darden they were both down near the tree
IN the gutter; did not see Darden knocked down;
Mccarthy went down, but got on top; when the
Inst pistol shot was fired
M'CARTnY WAS ABOUT TO STRIKE
James in the center of the pavement; was posi-
I've that no one had hold of Nc Carthy when the
hrst shot was fired; witness went to Mccarthy
v hen the last shot was fired; was much excited;
did not see Mccarthy 90 after James when he
got the stone; don't recollect that James asked
him 10 help TO separate the parties; did not re-
member that James told him u let him 90 and
help him to separate the parties.
BY Judge Fisher:-Witness first saw the stone
appraised; did not zee him stJop t. pick ND a
tore OF 90 of the pavement.
Uni. HS -sOt, sworn:-WitneSs met Mccarthy
and Lully in Godfrey's on the night OF the oc-
currence, and took drink with them. Witness
went to Owens subsequently, and after being
seated in conversation with Owens about twenty
minutes or more, heard the shooting: did NOT
reoOllect that Darden and James went in Ovens
House While he was there; but recolects tai
not more than 10 minutes after he left Mct,arthv
ana LUZ 1--WE rersons went into the house and
out; Lully drank beer at Godfrey's.
Ifnt0thB SalIirdR, sworn:-Witnesss saw Darden
az James in his house, on 18th street, opposite
" lizards, about 10 o'clock on the night OF the
they came in and walked out as they
Madame Marie Dubois, sworn:-witno~s tasti-
night,
FOUR MEN PULLING EACH OTHER;
one rammed the others head against u: e tree;
heard click like aims, and went in, and she
heafu three or .our reports of pistol.
1Ioss-eN- nined by Mr.. Phillips:--SOme of the
laV appeared e. be endeavorjng to separate
90 prevent them from fighting. Heard one say
''Jim, Tor George,) don't strike him." One OF
the me was down, and the other leaning over
him; the tall one was up; he was dressed in light
clothes and had on a white beaver.
CiGy C.. CiihfOH.-WitnesS was standing on the
south side of the avenue, when he heard pistol
shot; turned and saw the flash of the second
shot, and when he reached the pavement the
last shot was fired. Did notssee James then;
knew that
DARDEy FIRED THE PISTOL;
saw the weapon in his hands.
Cross examined by Mr. Philips:-Witness saw
but four persons there when he ran over; the
police officer was there when witness looked over.
Ebert CtdGeu sworn-Witness tends bar at the
Owen House; saw Darden and James in the bar
room about 8 O'Clock on the night of the homi-
ci6e. Don't know how James was dressed, but
thought he (J.) was like himself, with suit of
Clothes which he wore all the time. Both were
in the habit of taking their meals there.
j. A. ". Clarroe (deteetive) testified that he
sent for James about II O'Clock on the night of
the hemieide by Frank Darden and in a short
tiInc Ia came to him.
Mr.. Phillips remarked that
TIE PRISONERS MOUTH WAS CLOSED,
but there was but one witness who testified that
he did anything duplicating him as an Access
scry, and that was Lully, whose testimony was
materially different from that of the officer. He
referred to the fact that there was no evidence
of preme Citation, and at best it was a case OF
homicide sudden ARRAY. He submitted that
James could not be convicted of a capital Of
fence; and he did not believe that Darden could
be found guilty of a greater crime than man
slaughter on the evidence presented The en-
tire testimony as to james was that he was in
the company of Dardcn, and had stone in his