Evening star. [volume] (Washington, D.C.) 1854-1972, 1871-05-22
HORAfiO BOLSTER.
HIS sTRUGGLB ron LIE.
Motion for n New Triai-The Case Be.
fare The Gosaaf In General FERN


recollectsd that the crime Of which he hss been
convicted was committed on street, between
18Th and l4th, on the night Of the 22i Of Febra-
airy last; the accused shooting decea sed with a
short musket in front of his door, and making
= WOUND which caused his delth in a few
hours. Bolster was arrested on the spot.
and VS. triCd in the latter part or April
before Judge Oiin, OF the Criminal Court
During the trial the counsel for Bolster (Mr
Barrett) took number OF exceptions, on winch
the care now comes up. 1t will be recollected
that before the csntence was passed m 1T he he
hanged on Friday, june 6th, the prisoner made
a lory statement, giving his version of the
ahnt not deny M that be fred the fatal shot
but ring that snsrtipg. as he d d, under
beaung gwen b I'll prev sopsiy he took the gun
ON the hands OF Crops when James was
1ning towards bin and then shooting him; it
)uld not be murder in the first de gree.
The BILL OF RECEPTIONS
s Eety long me, making tnirty-two psgey. in
DIN is given. noting the portions to which excsp-
hoJsWeIe tskeI.
on Bolster, st1tes that the court erred IN
sustaining tie obJe, toa to the que sskcd Nor
inner as 10 ne reputation oil Jr mes, he deceased
toT peace and good order. on which point the first
pm Of exceptions isIounded bCcluee the evidence
dIscleses the fcct OF the DEFENDANTS having btsn
hear the time OF the conUi,1ion Of the h1nicide,
sylvspia AVENUE and 18Th street. The brit: says
tnst the az horties on this poiat numerous,
ana with the eNception OF gle pTELsi ca1e,
al &C acUr in boldnx that wbSa the defendant has
ssart not ioUwe By n 'e sS :se ~
me ensrecter q deceased ~ rdu'ssible. Here fol
The court erred in overriding the objection to the
question asked Jackson as to what Mortimer handel
funded. First because the ane,.ion otiaet iio i.
lie, di- one asked By the counsel for the UniieJ
has shown willingness to answer his QUE JTioa..
stc9rd becaU.e al WIS AK for ee purpose OF co.'s
nCrt'uer. wbs, on croEs-exsuinati6n by thee
Tor The United t'ses upon point irrelevant - the
thing ts stihed 70 by him. had that he did It
be I'd 3 qua at Teddy welchs door TO Dance jack
the guilt or nnocenee Of the defendant can n
What third parry did or did not do
.niid 9r o. e1ssPt tSI b !, on the following
clined to address the Jury until the couassI rr a
defendant sbould have CONCLUDED his ar unlsnt to
right OF the counsel for the Tpitea s,ets. i3e
closing argument. 6niess he should make the OPEN
ba relied s0a or IN e sss Grh 81 the point
noe dsieI9snt having made his Argument to the
I. the CO SF
sseertsins from the arRumept OF the counsel Tor
% he evidence and Ii points be relic or Tor coz
yiction, he prayed the court to be allowed 70 repy
Tss the
With very few exceptions. concur ia holding tnst
thing IL 10 ne Sss,a % ne o. y,s sPS MT
Gs.s,et win be set aside for sIro this pa. iensr
toge, her; The part. Of the charge on which they
contain admoniiOn and exhorf zion to the sr1 1
to rstSrn verdict sssinst him The question suS
were the jury equal to the retu, ming Of verdict II
That part o. the ch arge on mich th. sixth ex,,,
ten ioune ed IL, so tsr ss IL the law of hon
eide II ., however, erIonesuS in that it de- NJ.
nsson the ~ were lat to ooacqde thar nothing
nahs be fd s0ad tSs
il taking the life OF his essaiiant
The part Of the charge Oh which the seventh bill
a a ifrifa
evidence; Is eIroneous and is stated iu such a way
statement CT sct and e. ssty 10 the e. prsne
u be defendant. After the rim gfDg of the BEL AZ
deuce tsrdine to prove that Sefspdsps x wee eva
WEIGH is "a at OF Thomas Thomas ieft hin Win
40 feet Of weIob then wen, back to No, is,s wa.
there is or y minutes before the firing giving annie
TINE Tor Balster to go 70 WEIGH and ret arm with
TO tine, and Thomas Jones' ON this pint diTecr
nneontradctf d. and conclusive, and is confirmed by
That rsrt Of the charge on which the eighth hin
Of exceptions is based is subject 10 The ME oh'ac
deLce showing, or tending TO show that defendant
took drink after his wounds were dressed mr. il
he gun vas taken Bolster At me- ne ateI
anc that place, save the inquiry he De u sn.V
house" Tire instruction giyGn was thsrstoyc LIs
Al erroneous assumption Of facts Y"
keep, is founded il not only missia1s,nena
ne evidence tn, the facts thus stated are IN de a
yre At prejudice Of his cause TO the jury ~
T1at part OF the CT srge which tie tenth bin or
HceptiOns g founded lie subject 10 ths ss-ne obee
ions es the ceyenth ard eighth, and intiaet:F
oIdition greatly the prcjuaice OF the defendant
CONDITION which Old NOT, in fact, eris..
n ar swer the first bin Of exec ptons contend.
IN reply 10 SIC ero!. alto a d Il not
ID EyideIe fe-ee G nerally 70 Prove The char.
I'd The authorities cited in appellant. t,r ieI ara
Q this extent possibly That wherever il Is shown
is bic The aeee.s hss Of
~ cion with previous threats &c, il safcientIy
Z the state Of defence in which the detensSny,
place himself IL is submitted that the record d,
lot bTips the defendant within the sutborits. cited
CsuIsel submit in responfe to the second sxoeo-
d tbs answer. 4 TIE witness Mortimer, In hisex-
,mir alton in CHEZ, cave evideace concerning the
lid the proper unaa,ioa ior eSnfss
fiction g. II was upon relevant after sOipg 70 |
,hSw me sh IN g2nnecten with the stair,
Upon be third bill q excen ions, the coune sub
a s. S Ss .n% Do not
y addresses 70 the Jury 10 Of practice with
not taken by surpriie for the counsel fer M. saS
err uent, in opening 20 the jUry, set for IA the -
theory OK The case fhe law applicable tbers,o
In resrcnss 70 ne fourth tiih seventh, 81 ghih,
The court So .vsnes =
uIy 1be court frequently sdr onishsd the jury
hat any statements or opinions OF the court were
" be disregsrded by them.
Upon the sixth bill Of exceptions, counsel ,pb-
nit There is no evidence in the Case which tends
10 prove the killing was in self-d fence or TO show
hat the oefendaDt was in danger Of bodily ham:
nor Was sHy ehai sc upon the subject asked By tks
defendant; therefore there was no predicate for a
charge In .efersrce 70 serious bodily harm, or re-,
.opAble apprehensiOn thereof
AT ten minutes past one o'clock the baiIias
ca me into court with
BOLSTER,
and be took q seat beside Messrs barrett spa
Riddle, his counsel he Was dressed in black
coat and grey pants and vest, and looks unite
cheerful, although a little paler than formerly.
MR- BARRETT OPENED TIE CASE
saying that 1t was terrible rule OF law that the
is malice whenever case OF killing
occurs, and the burden of evidence is on the
part OF the accused 10 prove TO the contrary
Ii has long been q question whether the charac-
ter or deceased person in the case OF murder
can be given TO jury. In this case II should ne
borne in mind that Bolster had a man 10 con.
tend with whose hands we're stained with mur-
der, and that he was justified In meeting him IN
the character that he bore, that OF a desperate
and dan gerous man.
Mr.. Esrrett's argument was in progress when
our rel 0rt closed. -
BASE BALI dstsmss Us. Natioaal On Sstur-
day the National nine, OF this city, went var
to Baltimore 10 play the return game With the
Pastimes, the first having been PLAYED IA wash
ipgton the preceding Saturday, when the Ma
tionals won by q score OF "a to 10. There was a
une attendance on the Madison avenue eronnds
~ Ia NJ WaA A.