Daily national Republican. (Washington City [D.C.]) 1870-1872, 1872-10-17
CONVICTED AND SENTENCED.
CONCLUSION OF THE DE- KRAFT TRIAL.

! DoKraft, indicted for tho murder Of Peter
Bennett was placed again at the bar Of the
Criminal Court yesterday morning for a contln.
! uancc Of the trial.
! Tho examination Of witnesses was continued
as follows:
I Mrs. sarah Z, Miles testified TO DcRraft,
VIM. Padgctt and others having boon In her
house previous to the difficulty, and 10 the fuss
! outside, when crowd went up with bricks
I stones, SC, after they loft.
| WIN, II. Padgstt testified Witness was at tho
| corner Of First street east and Jackson alley on
! the night In question, and saw Mrs. Curry, who
said to witness vile that she need not take on
80, as her son did not commit any murder; II
| was MIR, Dekraft
Mrs, Padgctt c0rroboratel this testimony.
Ohccr John II. Murphy testified 10 seeing
] DekraU and PAdEott At the corner Of New loT.
scy avenue and q street before tho homicide,
aud that they both appeared under the influence
nj. schafhcrt testified to W. II. padgett com.
Ing to his store on the night uT tho homicide
covered with blood, and that no asked to have his
wounds dressed Witness told him to employ a
Washington Coombs testified to Padgott com.
Ing To his house on the night OF the homicide
ASKING Tor some water to wash his wounds. lie
Jury.
testimony, and in addition stated that he ap.
pcatol To have been badly beaten.
/ Mr. Harrington said the prosecution would
not uchy tuAt fAlkett was wounded that nlHht,
Tho defence closed here with the exception OF
witness to prove what kind OF a night Il was.
Michael Gleason testified that he was not
present at tho homicide, and therefore could not
have struck any ono that night Subsequently
(hali an hour alterl saw ". H. Padgett at the
corner Of North Capitol and II streets, and &C.
euscd him (PadgetD Of killing Peter Bennett,
and caught him. Palgett put his hand In hts
| pocket and said, You son Of a b-h, I'll give
you what you never got" and witness knocked
him down.
Gross examined: At s o'clock that nlRht was
on II street, walking about; lives short dis.
tanos from Miles house; LETT his house that
night about o'clock; met Kennedy aud anoth her
person near the bTilge-thls was about 1880
o'clock; went to q saloon and got some drinks,
then set on some pipes near Eckloh's shops then
went to the i.street bridge; there heard some
persons crying murlcri ran there through Jack.
son alley, on North Capitol street, on II street
met WIN. Padgott; recognized none others OF
crowd could have recognized a man that night
halt a square; there was no one with VIM. Pad.
gett when witness saw him, but Padgett's wife
came up a few minutes Afterwards
At this point Mr.. Barretts attention was
called 70 the Court and the following dialogue
cusuCd:
The Court Mr. Barrett, did you send out for
n witness to Instruct In reference TO the easel
| That will not do.
Judge Humphreys. What I wanted ives that
you should not so cOutult the witness 30 as to
prevent you from using him, II you wish to
do 50.
Mr., Barrett consllsr that a reflection upon
The Ccurt. Not at ALL
mir. Barrett claimed the right to conduct his
case In his own way, and did not think the Court
should IN any way insinuatc that such course
The Court What was intended was Intended
In kindness.
Mr. Barrett, claim the privilege Of sending
for anything desire, and that without any dis.
respect to the Court whatever.
The Court. Well, proceed.
John Kennedy sworn: Witness remembers
tho night Bennett was killed. Witness was
, | with Gleason when the homicide took place.
They were together near H.street bridge when
th9y heard the cry Of murder. Gleason was
with witness when tho homicide took place.
UrusscNamlned Witness saw crowd theTe,
but recognized no one. II was dark night.
| Witness could not recognise a man further than
the end Of the sidewalk.
EliEa O'Neal; Witness was present when
I Bennett was stabbed. There was no fighting
CrosseXamlned Witness saw no one there
except Bennett the two Padgelts and DeKraft,
Mary StundOn, Margaret Curry, John Oar.
molly. There were number Of boys and girls
, there, but witness could not give their names,
= John OarmOdy was present when Bennett was
s'abbedi saw no fighting there, other than that
which occurred when the stabblng took place
| There was no hghting In the middle OF the
! street at that time, except as tho parties
: dragged each other to and ir0.
UrOss-PXimined Witness saw VIM. PadRott
afterwards, about ti1y feet from the homicide
he was covered with blood.
Frederick Hall, sworn: Witness saw tn,
trouble from his own door step, about tho dis
lance Of MY feet of. saw the homicide FROM
: there. There was no hght at the time on tic
street. CArmOdy aud Mrs. Curry werO at the
!, | door Of witness At tho time.
Mr.. Harrington said he would close here.
AN ASTRONOMICAL W TNKss.
, Mr.: Barrett hoped the court would send fol
!, Mr. Harrington said It was useless to wait 70
i the Admiral 10 tell when the sun set. Il wa
a admitted that tho homicide took place on In,
!, 10Th Of August; the almanac would show wheI
! the sun SGT on that day.
4 Mr. Barrett But It will not show when day
i The Court. Well, let Mr.. Harrington 20 on
b and you can examine Admiral Sands whe
l. he comes.
"a MIR. Harrington opened the argument for IN
l. prosecution. lie did not desire 10 say tho sam
a thing twice. 50 he would put the defence In POI
3 session Of the line OF argument which he In
IL tended to pursue. lie would argue that DE raj
p and Padgett had len FItZ geralrs that nigh
2. with The intent To do some mlsChlef; that the
# met Bennett, and at once AssaultodNhlm, Aui
= ended by DeKralt plugging the knife into III
Ia that time. The night Of which some Of the vii
,s nesses testified took place aflor the homicide,
N an attempt being made by the crowd to arTes
PHdgett, and on his resistance to tho ATTEMPT
2 This was the line he should pursue.
10 Admiral Sands having In tho meantime al
rived, was here placed on the stand,
LUNAR OBSERVATIONS
Admiral Sands sworn; Witness is Rea
O Admiral Of the navy and superintendent OF tn
IL National Observatory. On the night Of the got
10 Of August last the sun set at Washington a
T. $40 p. m, At that season 1t was dark at I'll
E. twilight had disappeared, or It was beginning
Is be dark at that time. Twilight ut that seRsO
n Ia this latitude lasts half an hour. There wa
nj thin strata OF clouds above the horizon at
q o'clock; the moon rose at ll:2O p. m., and SC
II about "a. m, II was full moon on the 18th
a August. The moon was about one third OF III
distance between the zenith aud the Wsster
"A | horizon.
~ Mr.. Barrett said that II It was full moon 0
~ tho lsth, then IN the 26,h tho moon could no
10 have been Ia the West on the evening OF III
~ Goth.
~ Tue Witness Then | made a mistake.
At took the memorandum from the officer who CAV
"A | II TO me.
:, Tue Ocurt. State what was tho position
A. the moon at that time.
n The Witness. Tho moon was about one thIr
nj oil tue Instance above the western horizon. Tn
10 moon set that night about II O'Clock. On
10 tenth OF tho sky was covered with thin cloud
j. and that lust above the clouds the moon sut.
70 MIR. Harrington. You took that note Of III
hour OF mOOnrise from your official record.
AZ The Witness. No, dlI not. | tOOk that frOI
m the nautical almanac; that Is, took the hour
al muonlise, and took about twelve hours ate
a with nifty minutes less for the mOOnset.
n. The Court. Let tho argument for the d0fenC
~ proceed
ir THE ARGUMENT FOR Tue DEPENCE.
$ Mr. Barrett begun by alluding to the case
~ Nash, whom no defended some time ago. |
n that case as In this, Il was found impossible
10 get the names Oi the parties who were Their
nj and no witnesses for the defence could be EOtteI
ii. but tho defendants counsel assumed a case
ly elideience, aud satisfied the Jury that II WI
II. true. Mr.. u. continued, declaring that th
N""N h'N0V VHk VI uh htAhgh ulhuu ny NuAuullt
~ upon aBlrl because she had been married by
ii Protestant minister. In tho further course
his remarks he said that the law books col
tRined the absurd statement that drunkennei
was no excuse for crime, and even that orlm
-, done by drunken man was worse than OF
"a committed by sober one, Such absuTdities
u the law were passing away before the enligh
" oned minds Of Jurors.
., There was u statute here which punished Il
es denial OF the divinity Of Christ with stocks DO
" Ing the tongue and hanging that absurdity wi
u. law here yet; but what chance would tho hi
~ trct attorney stand II he should prosecute
~ Unitarian or Uniyersallst at this barr
"A THEORUs THEOLOGICAL
~ Judge Humphreys. The Unitarian does NJ
,s deny the divine origin OF the Saviour; he onI
NJ denies the eternal equality OF the Son
IN Mr.. Barrett. The Unltarlans do deny II
Nv trniiy-iTiEt (lhTee) In Standardization TO VI
~ t0nel They do not hold out u trinity. That
II all have TO say about that
J" Judge Humphreys. You arc speaking Of Il
GUd.
L Mr.. Barrett spoke at length on the u thOrlt
~ and quoted large number, and ut the clvso
al his speech a recess was taken.