Evening star. [volume] (Washington, D.C.) 1854-1972, 1872-10-17
ANOTHER sTRIAL FOR HOMICIDE
The KHlilsx Of VIM. BabbiuytOn by
~04ekS BrOWO.

lie -
"Duek' BroWa.
A PLEA OF AASsLAUGHrER ENTERED AND The
PRISONER sKFTKNCED TO TEREK YEARS IN
TIVE PEyITErTIARY.
This morning in the Criminal Court Judge
Humphreys, The trial OF Daniel -Brewn, alias
Buck" Brown, charged WITH the murder OF
VIM Darlington, on the 31st of Hagust last,
was commenced. The prisoner was brought into
court few minutes after 10 O'clock and took
ms seat With his counsel, Mess-s + j. Bond and
George Burgess. he is a stout, active young
man, dark IN color, and was evidently impressed
with his position.
PLEA or MANUFACTURES ENTERED.
Mr.. Bord, after MIR. Hsrringtsn had stated
that the government was ready To proceed with
the trial, said that with the consent OF the gov
eminent the prisoner would ask the leave of the
court to withdraw the plea of not guilty entered
on Saturday last and plead guilty OF man
MIR Harrington stated that after examining
the evidence he was satishee tEst a IA cher
grade OF cTiae than granddaughter could not be
claimed.
The Court. fte the pTisoner)-Are you aware
O.. the consequences al pleading gdisey OF man
slaughter? Do you know that ysuU be pun
ished?
Prisoner-Yes, sir; suppose co.
The COurt---Hs You Withdraw yOu- Plea? DO
you consent TO plea OF guilty u '.lansiaugh-
TrisOner.-Yss, sir.
Tie C0UTt.--Nr. Clerk, enter tks Plea.
Iae plea was entered, and Nj. Bond sug-
Cesred - The court that a lew witEesgs e. should
be card, IN order to determine what sentence
should he imposed.
TESTIMONY - 4 SON OF THE DECEASED.
7 he court secuted. and John BaJslu-tln. 2
son Of The d6 &C ased, testified thst on the night
o. tic homicide 90 BuCk" (the prisoner came to
tie house ana asked hiS father Tor money. De
ceased said, 80 what money do owe YOU?
want you to GO away from here The N An
went out ana bis father wen out, too, ami the
mex; he heard WIS Dan saying, C d your
white SOUL come down here ." Witness father
went down, and has mother came cut, GRd wit
nesS told her that bis father had gore down.
has mother went ont and said, a. Dan. don't
throw that stone; I'll hsve you arrested The
man replied, Yes, L WILL" and threw L, and
witness father fell.
OTHER TESTIMONY.
Ansaa Jnhrss0K, cOlOred, testified to seeinZ the
parties when they came oct In the alley, eEd t.
seeirg deceased throw stone before a. L Eck"
threw az deceased.
Mrs. BOJJ1ngtyl CORRIDORS ted the testinGr- of
her SCH; she kneE tina; deceased did not CARY a
pistol; never kept one in the house.
John WUiS'aS. eoloTed, tes.itieJ 10 an inter
view between the parties, in which deceased
called the accused a black of a -, AID
threatened il lac came in his iieceased's} ward
he would BO1 60 OFT. The diIpUte was bout
some money.
Anna johnson was recalled, AMI testified T., At
the wife of the accused went over To Bsboing-
tons house first. and SIC returned saying tia At
Dir. Darlington said taat he ga BUck') should
come.
Rrs. BaJbington was recalled. anS denied that
fore Buck did.
youaE-not over twenfy-aHd he had d witness
present whom he would like To exam ne as to
Lis character.
Gsa.Js Humphreys testified to having been a
slave with " Buck" that he was born IN Sep
TENDER, 1872, and was regarded as gGsd-na-
tured boz.
CoTHeI,.:s FaIey testified that the place vhere
the parties EeTe at the time was some 2lS feet
from Browns house.
THE sENTErCH.
The judge. said that the more he saw of trials
TbG lAaA NIaN
the best ID king out all the facts. He did not
think they had az the facts in tIis case, aad he
did not know that there were witnesses who
could give all the facts. In this case the facts
are such that lie thought the United States
bad properly consented TO the entry OF the plea
The homicide was not an excus able one. and il
see med to him that, ciS our laws provide Tor a
second degree of murder, this could very prop
ely be considered of thai degree. The saving
GESTURE in this case was tkat the penalty Under
the Indictment was too severe. He did rot think
he ysl1ld be justified in reducing the sentence
from the full limit OF the law. There WIS no
excuse for " Buck" Brown lettering there; lie
had tiEse to leave, and not dog about the place.
The Law furnishes a legal remedy to recover
claims, AID parties should always bear this in
mind. III Darlington had struck Brown, he
would not cave been excusable. The case, how
ever, did nos show the malice necessary TO make
the crime murder. He could not impose sem
tence lighter Sian that indicated-eight years
THE PRISONERS STATEMENT.
The prisoner, a reply to the question whether.
not be eight years i'm the pen!tentiary, said:
"WheD i went to his house to ask for the money,
his little boy, Pat WA at the door, and he Patj
"a. ID, 'F& her, here il Buck Mr.. Babbington
said, What does Buck want?' and Pat said,
= He says he wants his money He said, Get
out, you black - OF a - and 1 went out
Mr.. b. followed me down. He picked ND a
stone snd threw it, striking me on the calf of
the leg. i dropped on nv knees, and a. did
so L picked w stone and threw il. don't
know whether 1 struck him or not; L didn't ee
him and ne didn't see me at the time. ] first
81 mt my wife after the money, for i was afraid
to so, for knew what would happen.
MIR. Burgess said there were other circum
stances in the case which would 90 towards
the crime.
The court said the story Of the prisoner har-
monized with what he could conceive a. having
occurred, and he would therefore direct the
TO be three years in The Albany county
TaE COURT ADJOC RNED TO SATURDAY,
when q number of motions will be argued 4
among them that for q new trial In the Case On ]
Barney Wood. convicted OF the murder of
Cheeseman. The jurors were discharged until |
Tuesday next, when the trial of HeZeRiah Ed |
wards for the murder Of Humbird will be com |
mt need.