Daily national Republican. (Washington City [D.C.]) 1870-1872, 1872-11-15
Convicted.
The Green Spring Homicide.

kS-0hlcer O'Bricu Found GulIty Of Mur-
dsr-CoRsiusion OF Evidence Of tho De.
fsnce-ESIdCnos In BsbuttnI-ArEur sni
Of Counsel-UIose Of the Case.
The trial OF c. II. o'Brion for the murde, n,
Samuel Cunningham was resumed YESTERDAY.
The case was taken at the point where II had
been left uucompetSd on the previous evening,
and the following additional witnesses for he
defence wsro called
| Mrs A. Essex; The witness testified that ali.
ls the wife Of Lieut.. Essex, and was present M
tho Green Spring picnic when the homicide
took place. Saw o'Brien aud nrs. Cunning.
| ham between aud O'Clock on the daY OF liza
hOmlolde; they appeared friendly. BetWeen :
and O'Clock saw Mr.. and Mrs Cunningbatn
sitting on the east end Of the pavilion. O'Brien
LETT them, and all were apparently on IoSi
! terms. About an hour and a half AnervsrIs
| Cunningham came TO her husband, iIisuL
k.so1,l and said that O'BrIon was Insulting
| some ladies. Ten or niteen minutes amer
| O'Brlen came to tho house very much sxsIisJ
| almost purpla with rage,
Mrs. Laura =. yolEmAn. Witness was In
| company with Mr. Essex on the night Of the
occurrence at Green sprlnRsi saw C1nnInThaiS
and O'Brlen together In the payIliOni there
seemed at one time to DO some difficulty between
! them,
| UrOss eXRmlnedi Witness heard thu ,bo,s.
| heard no quarrel or loud Words prevIuusIyi aim
| ply heard the shots, and then saw them bring
/ cunningham Into the pavilion,
Mr.. Riddle The defence closes here your
| Honor.
IN REBUTrAL.
| Mr.. Harrington, for tho Government cauab
| the following witnesses In rsDuttAl:
| Mrs. Brett. witness has known Mra gun.
G dI ,lntR IST eight or ten years. hstypaAtOn
Cr1ss;e1amined; Has heard a great Number
speak Of her reputation for truth, had heard hSr
spoken Of lavOrably and unfavOrably
james EhTmentrout; Witness knows Fenton
not sec him at the time he spoke Of Yesterday,
Mrs. Cunningham reputation for truth 10
WIN. Crowai knows Mrs. CUNNINGHAM vorv
| vol; believes she 10 truthful woman
Mr. Riddle. What makes you believe her to
| DO y truthful woman
| Witness. Because l never caught her In a IIo
| good or bad.
Jennie Gustav; Has known Mrs. Cunning ham
woman.
Fenton Paxton recalled: wltnosi had not
been drinking on the night OF the homicide.
Henry Warren was called, and Mr., uarrIpR.
ton stated his purpose ~ be to show by This vii
| ness that Paxton was 90 drunk that night that
| no could not count bottles.
| Mr., Riddle objected. A witness could DO con.
tradleted only as to something no had said-
| AFTER tho foundation hal been lIil for tho con.
tradietion-asking the witness whether he had
/ said the words, and designating the tImo md
place. But as to the status Of the witness Al
The time, II was not material, and II was we'll
settled that witness could not be oOntradIcted
i
The court thought that tho question was not
| admissible.
Mr.. Harrington said tbl, closed hi, rebu.tnl.
| THE ARGUNENr BBaUN.
| Mr.. Harrington said that no would merely
state in advance tho ground he intended 10 as
sumo IN his closing remarks. He would contend
| that O'Brlon began the difficulty by Insulting
| CunninghAm's wife, and that after the charge
| against OunninkhAm's wife had been replied 10
ny similar charge against o Brisn'S vile there
hal h, been sonliderabio interval, during which
| NlbTen hal cOlVaFneu OlhRF Fuhiaafa
after this Interval, O'Brlsn saw Cunningham
Just getting ready TO go home, standing taking
| OF danger and shot him dead at the feet Of his
wife, Under these circumstances he would asE
| for verdict Of murder.
Hon. hSancis Miller, for the defence IuccIutly
narrated the circumstances which the whole tss-
timony disclosed, and urged that u the Jury dld
not hnd the case one OF solfdeienos no verdict
greater than nsnslaughter could no rendered.
Mt. Riddle followed Tor the defence 10 an ad.
dress OF great power urging upon tho Jury that
the provocation given by the deceased 10 the &C.
eused, and all the circumstances which the evl.
dence disclosed, showed that O'Brien had no
cooling time from the nrst insult to his wife 10
the time, when threatened by the deceased, he
fired the fatal shot.
Mr.. Harrington closed for the prosseut,on
He oontended that true view Of tho facts in
their order excluded any other vOrllot but that
ofgullty as Indicted, aud maintained 10 his ar.
OF the case.
The court then charged the Jury, saying that
the facts we're all With them, and II was but for
him to state the law to them. He stated sue
cinctly the evidence which had been given in
the case, and told the Jury what the law would
be In various phases Of the case which might be
Inferred BY different minds from the evidence
The charge was considered by most OF the bar
a. one which bore as lightly upon the prisoner
A the close Of the charge, Mr.. Williams said
he desired the Court 10 note an exception TO the
| charge,
Tho Court. Certainly.
Ia IA, a .. A.
be compelled to state the special points 10 which
| exception was made. In another case some dim.
Guilty had arisen because this was not required.
Mr.. Williams said he would specify the points
Tho frst wac the expression ofthe Judge; "We
arc, therefore, To convict II the action Shove
purpose TO commit crime"
TIE Court said that he would allow the coun.
eel TO have tho charge When written out by the
the Jury.
The Jury accordingly went out Of court.
The accused was quite elf.pOssssSsd during
the whole trial, and showed no change in Ms
demeanor at lie close. A number OF friends aud
relations, male aud iemAie, we're prefont. Some
10 were handed around among the group while
tho verdict was being waited for.
The group waited for some. time, when It be-
coming evident that the jury would be a long
time celebrating, the court ordered recess,
and the prisoner was remanded TO Jail.
GUILTY As INDICTED.
About half past seven O'Clock the Jury 70.
entered the box, and shortly AFTER the Judge
Mr.. Harrington and MIR. Williams appeared.
The prisoner was escorted to his seat by Mr..
PhllllpA deputy mRrshal and one Of the lail
guards, There were but few spectators present,
as the Impression prevailed that tho Jury would
fail to agree The court was then called to or.
der, and the jury answered TO their names; after
which the clerk asked the usual questions:
Have you Agresd upon a verdict ~ TO which
the foreman replied, 1--WE have" GUILTY or
not guilty." "Gullty as Indicted" During
this fOrmality the prisoner remained seated IN.
toHsely watching the Jury, and when the hnal
answer was given he settled back, but showed no
emotion whatever.
Mr.. Williams, Of the counsel, then asked that
the Jury DO pOlled, which was done, and as his
"Guilty."
Mr.. Williams then made u motion for new
trial, which was entered, and the court Ad.
lOurned.
The deputy marshal asked that the persons
present retire, which was done; the irons were
again placed on O'Brlen, and Ihe now pro.
iAlL