Alexandria gazette. [volume] (Alexandria, D.C.) 1834-1974, 1871-07-07

any body; Jefferson ana NOVEL; had been
about his house nearly all that day.
William Petty, in going down Union street
met McCracken Jefferson and Novel; near
the corner of Wolfe and Union streets, when
somebody said something about a boat coming
from McCracken's vessel and McCracken and
some others turned back; witness kept on
down, but turned around and saw two men
going out of the cove in boat went home
and was undressing when he heard a noise and
some one cry fire dressed again and when he
came out met Jefferson in charge Of colored
men.
Lawson Wilson, William Lee, Thomas Skel-
ton Thomas Murray, Gordon Fitzhugh, Car
ter Wilson and Fred. Gray, colored, were then
examined. Their evidence was to the effect
that their attention was attracted by cries OF
murder and splash that they saw no men 60
off to the vessel in boat, but saw two men
leave the vessel in boat, without any attempt
TO save the drowning man, and landed at the
lower ship yard, one OF them concealed HIM
self, but the other, Jefferson, climbing the
fences ran in the direction OF Battery Rodgers
near which he was caught by some colored
| men; that when he was caught ne SAID DON'T
take me, the captain made RAID on all OF us,
that when they were taking HIM up Union
street between Gibbon and Wilkes McCrack-
en-, Nightiugil and others met them, and in
row that ensued in which bricks and sticks
were used. these persons had escaped, but had
been rearrested by the police
The testimony having been concluded Col.
Chas. E. Stuart, who with Mr. VI III. kllgour
anneared as counsel for the defence, stated that
in the absence of the Attorney tor the Common
wealth he did not feel disposed to make any
extended argument in reference to the charge
against these young men, and would submit
the evidence in this preliminary stage to the
decision of the Justices, but for the fact that
great NEUTRALITY-SUSPICIOUS. emed to exist in the COM
munty in regard to the facts and law Of this case.
Two of the prisoners, Jefferson and NOVEL;, are
charged with the murderof johnson by drown
ing on the night of the LIST of July, and Capt.
cCracken is held to answer as an accessory
before the fact, for having ''Instlgated them to
commit the murder. Two of these prisoners,
Jefferson and McCracken, were arrested on the
night Of the supposed murder, and one OF them,
Jefferson, was committed to Jail land McCracken
admitted to bail for their appearance for future
examination before the Justices. NOVEL; was
arrested day or two afterwards and commit
ted also for examination. After the commit
ment of the two first, the body Of johnson was
found an inquest was held and verdict rem
dered that the deceased came to his death by
drowning at the hands of NOVEL; and Jefferson,
iustigated thereto by McCracken. 1t appears
that the same witnesses were examined before
the coroner, who had already been examined
before the Justices, and it does not appear that
any new fact was elected justifying the re-arrest
of McCracken and his commitment without an
examination, to Jail, or indeed any action what
ever except by the Justices who had acted upon
the case. The law provides that if a person
charged with the offence by the inquest be not
in custody the coroner may for his apprehen-
sion issue process in the same manner as a
Justice McCracken had already been arrest
ed, examined and admitted to bail, and Jefer-
son committed to JAIL and both in legal con-
temptation were in custody, and the coroner
erred in issuing his warrant and the Justice In
committing McCracken to jail. The only effect
of this error of the coroner and the Justice was
to give greater Importance to the evidence IN
this case than upon critical examination it
deserves, and to impress the public mind with
an exaggerated idea Of the criminality of the
parties engaged in what is charged to be- MUIR
der of great atrocity. The prisoners are now
here for full and fair examination, and the
Justices have heard all the evidence in behalf
Of the Commonwealth; they having offered
none. The only questions on their evidence are:
Ist, Has a murder been committed? I'd, Did
Jefferson and NOVEL; or either of them commit
the murder, if it was committed, and 81, Did
McCracken procure, counsel or abet them or
either of them in the commission of the crime?
Without reference to some conflict of evidence
between several of the witnesses upon inmate
rial points in order to charge Jefferson and
NOVEL; with the murder of Johnson,it must be
proved first that they killed him, and secondly
that such killing was ''willfu, deliberate and
| premeditated p" As all the evidence offered
has been on behalf Of the Commonwealth it
must be considered wherever there is any con-
fict most favorably for the prisoners. The proof
submitted is substantially that the deceased
was employed as hand on McCracken' s vessel
and had been sent down the river with his
brother-in-law and two other hands to bring up
cargo of wood that on reaching their point
of destination those two hands lett the vessel
and the vessel returned to Alexandria without
q cargo. Growing out of this and other mat
tiers quarrel arose between McCracken and
deceased on board the vessel about I o'clock
on the evening of the 1st of July, when Nc
Cracken received violent blow over the left
eve; that two negroes hearing the noise on
the vessel came off and McCracken on their
enduring what was the matter called the
deceased from the further part of the vessel
and told them to take him ashore with them
if they chose that shortly afterwards McCrack-
en- came ashore with his brother-in-law, leaving
the deceased on board the vessel, and after 60
ing to his house several hours afterwards, walk
ed up Union street to Petty restaurant, where
he met Jefferson and NOVEL;, and invited them
to drink; that one of these parties asked him
what was the matter with his eye: and he re-.
piled that he had been struck by negro hand
on his vessel; no threats were proved as having
been made by any of the parties, nor did Nc
Cracker advise the other parties to attack the
negro. About 10 o'clock at night Jefferson
and NOVEL; went aboard the vessel, and the
witness nearest to the vessel stated that no at
tack was made upon him, but that as soon as
these parties got on board he got up from the
deck, on which he was lying, ran to the stern
and jumped overheard, aud that one of the men
on the vessel cryed out save him, he is overheard
and that Jefferson jumped into the boat and
showed it towards him and tried to save him;
that thcreupon the man being drowned they
| cLulInd the boat towards the lower shin ward;