Evening star. [volume] (Washington, D.C.) 1854-1972, 1871-09-28
THE MCCARTHY MURDER.
Trial Of Dennis ID. Darden.

In the Criminal Court. Judge Hnmnhreys,
yesterday after recess, the testimony was con-
tiDued as follows:
Frederick Pedssr-Witness was at the corner
of 18th street and the Avenue with officer Nilsson
when he heard the cry of police, and both ran
towards the scene of the homicide; when he got
to the kirkwOod heard the first shot fired; Mil
son was about IL feet ahead of him at the start
Ran up to the crowd Saw man walk up towards
and some one said, xii the of a-:'' went
out TO Darden, took him by the arm, and said to
Nilsson, "Jack, take him to the drugstore
Witness was only about Is feet off when fhe last
shot was fred; did not see Nilsson holding Darden
before be (witness) had taken hold of McCarthy
Nellie AiusCood was next called, and appeared
dressed in a full suit of black. Witness was in
her house on the night OF the homicide; Mr..
mccarthy and Mr.. Antoney Lully came there
together and re manned short time; had talk
with Mccarthy, and he left saying that he and
Lully were keeping bachelors hall together;
looked out and saw two gentlemen standing at
the large gate leading into the alley; did not
recognize at that time, but subsequently, recog-
nized James when she accompanied Mccarthy
and Lully out to the small gate; they then
turned from the large gate and went towards
18th street, and Messrs Mccarthy and Iullv
went in the same direction; James and the man
with him IA short man) turned and went towards
18th street, passing her as she stood at the gate;
this was eight or ten minutes before she heard
of the homicide.
at length, without eliciting any new facts
: Clay Z. Clinton, VIM. De Mott, and Charles
johnson, the latter a cOlored man, then tes-
tilted, but no new facts were elected
Timothy .Suiliudn Excelsior restaurant) and
Ebert Cicgett (Owen House) each testified to
Darden and James being in those places about
ten O'Clock on the night of the homicide
John HarmOre, of the Kirkwood, testified to
hearing the bursting of a cap about the time of
the cry OF "Policel" did't see any of the parties
down; Imagined one of the parties was down, as
the last shot fred was so close to the walk
Robert Norris testified to being one of the party
who carried Mccarthy to the drug store
W. Fdlrey testified that he was at the Dickson
House; heard the cry OF "Police;" went up the
Avenue to where the fight was; saw McCarthy
standing in the doorway; asked "who is this?''
Mccarthy muttered something and fell over
against witness, who put his foot out to brace
himself, and his foot struck something that after
wards proved to be a Derring ger pistol.
VIM Palmer corrOborated the testimony of
Robert Morris.
Fourth Day.
The trial was resumed this morning, about II
O'Clock, when there was very large number of
spectators present, among them many Of the
friends and acquaintance of the prisoner as
also OF the deceased. The prisoner appeared
about 10Y O'Clock, and seemed some what flushed.
The prosecution called
Bertoa Ross, deputy warden of the Jail, who
testlhed that he had never heard Darden speak
OF the homicide; heard him make some state
ments.
Question.-Didhe make any expression in re-
gard TO some other person or persons who should
The defence objected, and the question was
ruled out by the Court.
Witness had never heard him speak of the
Odd you hear him say anything about
wrestling with anybody? Objected to.
Odd ne say anything about this job being
put up On him? Objected to.
The court overruled the objection and witness
said that he never heard the prisoner say any
thing about the job being put up on him or that
job. Had heard him say there was a certain man
he would like to have there. Collected toD He
was not using the name Of Mccarthy at the time;
he was much excited, apparently crazy and he
named one Che could not remember) who he
would like TO have there and wrestle him.
VIM. Thompson Witness was in COMPANY
with Darden at the Jail; never heard him speak
OF the affair except when he was crazy.
Mr.. Phillips objected to this evidence, and
argued the point.
Judge Humphreys ruled that they should first
ascertain the fact, and that they could question
witness as to the condition of Darden at the time
Judge Fisher said he could only ascertain this
by examining witnesses as to the declarations
Witness resumed, and said that after the re-
moval OF James he walked good deal; did not
say anything until towards night when he asked
for the preacher, the priest and the District at
torney. He spoke about "a put up thing on
him." and would walk about little and lie
down; he was very restless, and he kept witness
and two others constantly looking after him.
Judge Fisher asked IL he said anything about
the man who was with him at the time; and
stated ION objection being made) that he pro-
posed to prove that the prisoner made a state
ment Of the same facts as had been testified to
by Lully, and thus show that Darrien was sane
Judge Humphreys asked if Darden said any
Witness replied that he did not as he remem-
bered.
Judge Fisher asked if he said anything about
James.
The Court overruled the question, stating that
witness had answered all he knew.
Judge Fisher.-Then II you decide the pris-
oner Is insane, L have no further questions 10
ask.
Judge Humphreys remarked that he had not so
decided, but from the witness statement il was
impossible for him TO prove his sanity
The following witnesses were called but did
not answer:-WR. Spencer, VIM. Gregory and
DIR. Young. The prosecution stated thew had no
reason TO believe that the first-named witness
was keeping out OF the way, but they had sent
an officer for him. A recess was taken
The court reassembled at 12.45. Several wit
nesses were called but failed to answer, AMI the
Dlstriet Attorney stated that they would close
OPENING FOR THE DEFENCE.
Mr.. A. Il. Williams addressed the Jury stating
that the true facts were about to be made public
for the first time. On the night i'm question
Mccarthy met his death; on the following day
the inquest was held. when witnesses who had
seen the affair and whose testimony was favor
able 10 the prisoner were rot called, thus the
true facts had not come out No witness had
seen the Derringer before which was picked up
at his lMeC: sl feet. Were they to believe LulIv
and reject Nelson? and there were other con-
tradicIiOns in the testimony. The District At
torney had said that reasonable doubts should
be gwen to the prisoner, and so he said. They
might at this point claim a verdict of not guilty.
He denied that Dennis Darden had committed
murder, or that he violated law in killing John
Mccarthy. He proceeded to argue that when n
man was IN great bodily harm he might take the
HE OF his adversary; and he read several author
ities on this point-mOstly Alabama decisions
III they should show that Mccarthy made the
first assault, they would prove a clear case of
set-defeDee. If party who may have began
the combat Is pushed to the wall after haying
once declined TO continue the contest and kills
the other, II is self-defence. They would show
that John Mccarthy had made his threats to-
wards DaTden four weeks previously, and had
said to Lully, "Yes, TOney, |. meet harden III
shoot HI through him." that he had made thA
same threats TO another a week before, showing
a Derrlnger; that two days after James DEATH
be said, lone VI - is gone, and by = he
would Kill another" referring 10 Darden
They would show as the two parties met
Mccarthy grabbed Darden by the whiskers and
commenced beating him, knocking his head
against the curbstOne and the tree. He then
recited the details of the affray as he expected
20 prove them, stating that Mccarthy drew the
DeTringer and the cap snapped when he COM
menced TO pound him again, and while Mccarthy
was pounding him he drew the revolver and
fired the three shots in quick succession, and as
Met. making a mOy, ulppt If IN draw