Evening star. [volume] (Washington, D.C.) 1854-1972, 1872-10-15
TVIAL FOR MURDER.
The Case q FRED. Ne KRAFT, charged
with Hffltug Peter Bennett.

| 1nls morning in the Criminal Court, Judge
| Humphreys, the case of Frederick De Kraft
alias Griffin and William adgett, charged with
kiLiDg Peter Bennett on the night of the 2Sth OF
| August, Was called. The prisoners, both young
men, were brought int the court room about 10
O'Clock, and took their seats in the dock. De
| Kraft was attired in a brown cloth coat. ark
I pants and white shirt, with black tie. He had
An air OF indifference, laughing and talking " ith
a friend before the court convened, and meeting
the gaze OF the spectators with a defiant Look.
Padgett, someyhat younger, was sttired 81 MI
isriy 10 DE Kraft. with the exception OF blue
neck handkerchief in place Of black one.
Although 81 lines he tried TO look Indifferent,
| there was a cast of seriousness in his counle-
nance which would rot yield, and ms hushei
face at times showed that he realized his y il
ton. His mother came into court shortly after
! 10 O'Clock, and took seat near him, but II was
noticed that he but selCom turned his eyes to-
wards her. There was a very large number Of
spectators preSert.
Mr.. Harrington stated that the government
was ready, and that with the consent of the
court the parties would be tried separately, as
MIR. Barrett for the prisoners. desired that such
course be taken.
THE SELECTION OF JURORS
in the fase OF Dekraft was then proceeded with g,
each juror when his name called being
sworn iOn his roIre DIR. as follows: John T.
Donaldson, accepted and sworn; Ephraim NJ
" hit ker, do; EU,.ice T.. O'BTien. chaileD ge d
BY Cefeuce. Frederick A KlOpfeT, accented and
sW ON; Samuel Jones, sick; John II. Semmcs,
mad formed an opinion, Andrew q. Plant as
copied ard sworn; George W. Dement,. chql-
.eI geo Sy Unised States; Patrick Clark, c. al
ieHg, 4 iy defence; John III. Russell. accepted
mo sworn; ThCs. Il. johnson, do; Samuel T.
Douglass, do: W. q. Bambrrger, had con-
sCiJnti0Us ScTuplts; Frederick a. West, chat
ler x q 10y defence; Chas. q. Church, OK. Geo
WIilEer, Cd aiienCed by defence; John ". Nor
se'', accepted ard sworn; Israel DemiDg. d.:
James Payne, challenged by defence; w B
Dow ming, accept q aud sworn; John NJ. Divine
challenged by defence; Il. II. Sfinemetz ex-
cusCG; Lewis Spauer. absent; e. Cammack ir
accepted and sworn; Lewis Payne EXEMPT over
age; l.. j. Middleton, excused.
1Eis exhausted the panel, and the challenge
TO Mr.. O'BTieD being withdrawn he was sworn
and the jury was completed, as follows: john
Il. Donaldson, Ephrain NJ. Whitaker Fred A
klop'er, Andrew G. Plant, John Ii. Russell,
Thomas X JOhnsOn, Samuel r. Douglass, John
". MOTsell, Israel Deming, Wm. b. Downing
q. Cammack. jr.. and +. r. O'BrIen.
The prisoner was then placed in charge OF the
jury.
OPENING STATEMENT FOR THE PsosECrrros
MI. Harrington opened the case to the iurv
and, after defining murder, and particularly the
term malice aiorsthought." he recited the
facts III the case, az he expected tt prove them
and unless there were mitigating Circumstapces
II would be his solemn duty to ask a verdict OF
guilty. indicted
The defence reserved their opening, and the
witBCsSes-l9 tor the government ami about the
same number for defence-were called in and
sworn, and directed to the witness room, with
The caution not TO converse or allow Others 10
converse i'll their hearing about the case.
THE TESTIMONY.
Or. j. r. HGTtIgdn was sworn, and testified
lody Of Bennett. and described the wound in the
right Size of the body, two inches from the mid
die line, which penetrated the heart Death was
by hemmOrrhage produced by the wound
JCmSS BsETsu testified that deceased was
NEARLY Is years Ofage. The homicide took place
in August last about O'Clock in the evening
witness or the night in question saw a crowd at
the corner of LIST street and jackson alley; went
and saw his brother and others; asked Peter
what was the matter, and he replied that
De kraf. and the PadPetts had been fussing
with Fltz. Witness saw one of the Padget.'s
strike his bro her, and witness went up ami
ASKED again what was the matter. Padgett
said il was mistake; De X. then took deceased
by the coat and with knife apparently six in
ehes ioDg stabbed witnes3' brother. not. how.
ever, until deceased asked, "Fred. YOU wouldn't
Kill me; never did you any harm" De Kraft
SAID, ''Nes will, you Irish - take that"
he then ran up the street and witness pursued
him and got ahead of him, when he came near
cutting him (witness) with the knife.
Cross eXamined:-Whenw witness went to near
Fitz, heard James Padgett say, Come out
now, Fltz, yon- of a., or any one who takes
your part" Witness did nor notice that any of
the arty were drunk; deceased was on his way
20 the pump with a companion and when
DeKrait seized him he (DeK.) said, 4" You Irish
OF IA, I'll cut your heart out, )" and deceased
only said, You wouldn't kill me-" &C.; wit
attempted TO go to his assistance, but could not
get to him in time; saw one of the party bring a
bundle from the house of Padgett's sister, (Mrs.
Miles. and he had a knife also.
Margaret CUrTy.-Witness lives within half a
square OF the place where the homicide took
place; there was quarrel between Fitzgerald
and the Padgetts, and bad names had been
called; saw Padgett and DeKraft come up and
heard Dekrsft and Jim Padgett ask where ives
the Irish - IA; saw DeK. with knife, aud
as they went up the pavement Bill Padsett
asked Tor the knife, saying he would cut the frs.
irish - OF who said ANYTHING to him;
DekIsft ran, say ing " I've got the Irish - OF
"a"
CroSs-eXamined:-When Bill Padpett ssxed
for the knife DE Kraft, said ale could use il him
ELF Witness did not saw when she w?s sVm-
m0ned that che would hang the three in s'y
minutes.
Wm. Bennett, sworn:-w Witness is brother of
Peter Eennett, decor ed, and is Is years Old
ID ceased Was going up the pavement when one
OF the Padget-s asked who are you following
Dece ssed said he was not following them end
Padgett said les, You are, you Irisd OF a
- and De Kraft ran up with the knife and
cut him, and ran of, say ing 'I've cut the heart
out OF the Irish - of a." Witness was on
the JACKSON alley bridge at the time of the fuss
at Fitzs.
scry Stundon, girl of Is years, testified 10
hearing De Kraft saw "Peter, Ill stick Won -"
and deceased said ''You would not stick me- for
never harmed YOU" and De Kraft said "Yes,
will" and stabbed him.
CEcer La'el9r testified that he arrested De
Kraft, shd on searching the house found him
on the floor under the bed. Officer Fugitt was
with him when the arrest was made.
At this point recess was taken.