Evening star. [volume] (Washington, D.C.) 1854-1972, 1871-09-30
THE Mc<ARTHY MURDER.
Trial 81 Dennis ID. Darden.

house on the evening he was killed, and did not
md any pistol; was looking for letter when she
searched the pockets; there were no pockets in
the back part of his pantaloons; (Derringer
shovn;) had never known him to own or carry
one since she had known him; Mccarthy never
h nsr mat pistol. James Donaldson:-Never knew
sporting man, who was dangerous 70 be assailed.
III. /. Gregory testified that Nee. was an amiable
man. j. Martin was called to impeach Mrs.
Cozises testimony, but testified that her charac-
ter and reputation for truth we're good. X. b.
Hoover testified that he saw the occurrence,
and, after long argument on the admissibility
OF his testimony, il was admitted, and he stated
that the policeman came up after the swapping
Of the pistol. Mr.. NJ. X. CoOmbs testified that
Nice. was regarded as peaceable man Mr..
George w. Bunker testified to the same effect.
The testimony was here closed.
sixth Day.
On the Court assembling at 10 O'Clock this
morning, the jury were not In their seats, and
the prisoner, in charge of a baliff, was allowed
TO walk in the hall of the east wing.
The District Attorney said that he had be ZEN in
formed that Mr.. McNeir, the foreman of the Jury.
had been very i'll during the night, and DR.. Young
said he was threatened with a congestive chill.
On consultation with the counsel for the prisoner
they had agreed, If the Court would consent, TO
submit the case without argument or charge to
TO the jury at their rooms, as it would be great
Inconvenience to argue the case there, and prob
ably 1t would not be wise, in view OF Mr..
McNeirs health.
Mr.. Riddle, for the prisoner, stated that they
had thought the jury taking the case fresh,
without argument or charge, could render just
verdict, and they would agree TO the arrange
ment-send the indictment to them at their
rooms.
JUDGE HUMPHREYS HAS A LITTLE TALK WITH
THE YOUNG MAN OF THE PATRIOT.
Judge Humphries after speaking privately to
the reporter of the Patriot, remarked that he
endeayored always to be kind and in the re-
marks he was about to make he desired to say he
made them in all kindness. With the editors of
the Patriot he had always been on the most
friendly m her a haa 10
articles in that paper calculated to ridicule the
court He was not aware there was any ill feel
ing on the part of the editors of that paper. 1t
had occurred to him that there was some malice
n the reports. The reporter of that paper was
young man with whose countenance he had
been fayorably impressed, and he did not know
that he could harbor malicious feelings. The
courts have power to protect themselves, and his
advice would be to
TO consult with his friends as to whether he had
not done wrong in his reports-it nav he uniu-
tentionally., There must be limit, bound and
TO confer with his friends.
After quoting some of the reports he said he
hoped
THIS YOUNG MAN
did not cone into court to set at defiance the
laws of etiquette.
WANTS TO LOOK INTO THE AUTHORITIES
He (the Court could not be hasty in forming
his conclusions and deciding questions. and the
question now before the court as to giving the
case to the jury at the Hotel was one that he pre-
ferred not to decide until he had looked into a1-
thOritles. A recess was taken.
AT 1235 the prisoner was brought into court
and Mr.. McNeir having sufficiently recovered
he was brought to the courthouse in a carriage,
and the remaining jurors followed, and took
their seats in the courtroom about 12.45 O'clock
Judge Humphreys inquired who was the Juror
who was i'll, and being answered, he asked if he
was able to deliberate on the case.
Mr.. McNeir stated that he was, but would not
Ike TO remain six or eight hours.
Judge Humphreys said the counsel could pro-
Mr.. Riddle said that it was an agreement To
submit the case without argument or charge.
Judge FISHER remarked that such was the
agreement.
Judge Humphreys said that he had some doubt
as to whether he ought not to charge the jury.
Judge Fisher said that when he was ON the
bench cases Of equal magnitude had been SUBJ
practice prevailed in the old circuit court
Mr.. Phillips said that in the old courts the
jury was not charged unless written prayers
were offered.
Judge Humphreys thought that the matter
was in the discretion OF the court. Mr.. McNeir
the sick juror, says that he is able to deliberate
on the case, but he would like to see the physi-
clan.
Deputy Marshal Phillips said that Dr. Young
had been sent for.
A SENSATION IN CoURT-REMARKABLE PRO-
CEEDINGs.
Judge Fisher had some conversation with
Judge Humphreys, and the latter proceeded TO
charge the jury. He said the defendant stands
charged with murder, and had plead not guilty.
AT this point it was noticed that the prisoner
was not in the room, and a pause occurred
during which Messrs. Fisher, Riddle and Phil
lips conferred with the Judge. In few mo-
ments the prisoner returned, but apparently i'm
a paro2ysm, and was struggling with Bailif'
Stahl, Rev. Mr.. McPheeters, and Mr. Westcott.
HE Court remarked that the defendant him
sell Old not seem irf condition ID hear a verdict
and If the jury returned a verdict of guilty. As
me prisoner then was, he would consider it his
duty to set it aside.
Mr. Riddle said he would protest most respect
FULLY against any protraction of the trial and ask
that the case be given to the Jury.
Mr.. Phillips urged that the agony should be
Judge HUMPHREYS stated that he had given
easons for postponement. 1t was his duty
to adjourn the case. He bad no control over the
prisoners mind or the physical condition OF the
Juror. he could not proceed with the case unless
the law forces him.
Judge Fisher read some authorities on the
subject.
MIR. McNier stated that he would be in a
better condition to endure the fatigue to-day
than to- morrow.
Judge Humphreys said he understood that.
and asked Judge Fisher what was the effect of
the opinion he had read in his mind
Judge Fisher said that he believed it was law
that when juror is taken'sck the jury should
be discharged, and the trial commenced de moro.
1t had already been concluded by some here
that he was insane.
Mr.. Phillips denied that such was the case.
Judge Fisher asked why was this display made
oy the prisoner if not to impress on the court
that he was insane.
MI. Phillips answered that il was an nm
Willingness on the part OF the prisoner to come
INTO court; he had been sitting in the other
room, and thought the case ought to have been
disposed of.
Judge Humphreys.-Adjourn the court till
Monday morning. (Sensation.)
The court was thereupon adjourned.
HE r STREET FIRE--A special meeting of
the Board Of Fire Commissioners was held last
evening to investigate the causes of the DELAY in
getting No: 1 engine at work at the street fire.