Evening star. [volume] (Washington, D.C.) 1854-1972, 1872-11-13

non } wn 81 these holes, lie says, are not less
than twenty feet in depth.
ON TRIAL FOR HIS LIFE.
Ike Green Spring Homicide.
Trial of Er-F'OifcsmeR o. RrfsH or the
fHGTys Of .UnrdsrfHy Sannef
CHnHfn CHAM.
The trial Of Charles T.. O'Brien indicted for
the murder Of Samuel Cunningham, at Green
Spring. near Georgetown, on the 18th of July
last. resumed before Judge Macarthur in
the Criminal Court this morning. There was a
very large attendance of spectators present,
the space outside the bar being packed. On the
opening OF the court at ten O'Clock the selection
of a jury was proceeded with. but seven having
been obtained from the regular panel yesterday.
THE TALEsMYN WERE CALLED
as follOvs:--Iohn Il. COstin, exempt; James Z.
Dotson bad fCrmei an opinion; Henderson
able, accepted and sworn; Parker MOulton, d.;
George Il. Jiliard had expressed an opinion;
John a. Hamilton, challenged by defence;
Solomon j. Fague had formed an opinion: Jas.
q. Major, do; y. f. Kelley, do; W. A. Fletch-
er, do; III. y. Easily, do; Vim. Dixon, do;
Jedediah II. LathTOp, excused; Stephen ID. Cas-
teman had formed ali opinion; l.. ID. Donephon,
d. Peter r. Bacon, accepted and sworn; VIM.
ClsbsUgh had formed an opinion; Peter G.
earri'o, DO; John I Mitchell. challenged by
defence; LangdCn W. NOrthingtOn. accepted
ami sworn; Nathaniel b. Fugitt had formed an
opinion; -. h. BestOr had expressed an opin-
ion; y. &. Williams, DO; George Hill, jr.. DO.
TIE Jury COMPLETE.
Mr.. Ridile withdrew the challenge to Mr.. 5.
r. DorE!asS, thus completing the Jury, which is
composed q Frederick A. West, Thomas L.
,lOhn>On, Patrick Clark, Israel Deming, SsmI
7. Wal, George wilmer, Moses Il. Parker
Josiah l. Nenabie, Parker NOultOn. Peter T.
Bacon, LaDgdcu w. WorthingtOn, and Sam1 L.
Douglas.
OTkNISG ARGUMENT FOR THE PROSECUTION.
At HIS a. n the indictment was read ID the
jury. aSd Mr.. Harrington opened the case for
the government. tie said that il was unneces-
sary tor him 20 refer TO the Importance of the
care 70 the people and the prisoner. He ex-
pected 70 show that the prisoner on the evening
A. Ia WI NJ nHfr FnII off
At Green Spring; that he there met Mrs Cur
niTgEam, and told her that h had procured a
place for her husband, and would expect some
fsyOrs nom her; that she told the deceased, who
went 70 accused and some words ensued. and
O'Brien Knocked Cunningham down. O'Brien
was then placed under arrest by Lieut.. Essex,
and shortly afterwards walked avay from the
house with pistol by his side, and finding Gun
bingham with his wife, showed the latter aside
ard fred over her shoulder, infiicting a mortal
wound ON Cunningham. Subsequently he said
be wished the - OF A. mi CHIT die. Mr.. Har-
rinston then read from the books the definitions
OF murder and manslaughter.
THE TESTIMONY.
HE defence reserved their opening.
Ir. j = Earttgdn was the first witness called
Samuel Cunning CHAM, and 10 finding a wound
or The right side Of the head, half an inch in
diameter The bali penetrated the brain lodg-
Irg in the mel ghboIhOOd OF the left ear.
Mrs. CHHniEghcB1, widow of the deceased
tssti fed hat O'Brien told her that he was going
TO get Sam (the deceased) a situation on the
ard afterwards % Brien came to her and said IL
laid with her whether lie would get IL or not,
and she need not put on any of her ID airs,
Tor nicholson had had privileges with her, and
he cOuiG have hal If he choose. She told
him th8t she would tell her husband, and
he replied. .'tell him and Use my name;" she
did ted him. and they subsequently met.
Deceased asked % BTsn If he could prove th at
Nicholson had taken privileges with her, . 'Brien
ss.dhe tCuunirTharn) need not put On any airs,
for lie had called to see witness alone; deceased
ssid that that was when they lived in one room;
that his wife was as good As his (O'Brien's) and
sn@, ne ne SUnid mn men In Gserget9yn who could
asked who? and deceased answered: $50 ask
joe Fletcher subsequently she told O'Brien
that he Rad insulted lady, and O'Brien ssii
IReH : fan OF such d-n ladies as you ase.@'
Afterwards tie deceased came back in tue pa
yillcn and said that O'Brien had struck him.
and lie proposed that they should 80 home. They
started, and when outside she saw O'Bien
coming up, saying: "Here's the -ot a
who aid my wife was =" and she said
don't strike sam, when he fred the pistol,
This witness was subjected to long cross-ex-
animation by Mr.. Riddle.
BY the court--OBrien fred the pistol not
over minute from the time he came up. He
pushed witness away and fred Immediately.
George III. Brd3t sworn-Witness was at Green
SPIngs on the night OF the homicide; saw Lieut.
Essex and deceased in conversation, and heard
the latter say, THAT man insulted my wife"
Essex went 70 O'Bren AMI some wsrds passed:
O'Brisn went 20 Cunningh n, and one called
fall; dld not see the blow struck: Lieut.. fsseX
took the baton and badge from O'Brien; heard
The shots about twenty minutes after; GINNING
ham asked the crowd when he got up 20 certify
10 shat had happened.
Cross examiued:-O Br;en said to Cunning
ham, - Your wife is a -" and the latter AID,
=. lou-S : another. Charley"
L.sr'SHcHt Esssr-witness was at Green
SHiEEs lev minutes after IL O'Clock; Can
III IL"m said that O'Brien had iusulted his
vii asked O'Brien about insulting ladies an
ne .ivi-ed ~; OBJ went over TO Cunn;u CHAM
an rac :. III You say insulted YOUR wife YOU
are a li1r.' Did not know the reply, bun heard
cbr,en say,''I can prove that your wife is
ana " Itne>s took hold of O'Brien and said
lie must net use such language. Cunningham
is -, yours Is one too" and OBJ. grabbed az
Cunningham, or struck him. Witness pulled
him away and took the baton and badge from
O'Brien, ard told him that his COB 81 wife Wa
waiting at tie house TO 20 home; saw him 20 TO
ant into the house; did not see the shooting.
CTo>s-eNaninsd--When witness went to OBJ.
after leaving Cunningham, he (O'BD did not
appear To De excited; il was from ten to fifteen
minutes before he heard the shot.
oyer JGii NGa, swOrn:-Testfed that be ar
rested O'Brien on the night OF the homicide.
Lieutenant Essex was recalled and examined
ey defence az to character. He testified that he
mao hbo~n accused for four years, and his repu-
tatlon for peace and good order was excellent
klShT OF PoLICzNEs To CARRY PISTOLS.
sitter recess, Mr. harrington said he should
me police vas not authorized by law
MI Williams said the defence would not
a.ii - ~s aatnorlzeds but II was q universal
Jones e. GGsgAeR, swOrn:-Witness was pres
eht whsn hr Essex called O'Bren and Gun
bingham came up and said, ''You called nv
VIE =" o'Brien said he could prove her
80; and Cunningham said that O'Brter.'s wife
Was 50; and O'Brien struck him with q club
Saw the hring; % BIien did not fire over Mrs
Cunning ham's shoulder.
Cross exsmined.-Aiter the first fracas, when
witness was trying TO get Cunningham homs
ne said OBrien was A., and he would see II
out before he left the ground. O'Brien rushed
UP al this time, and throwing his hand over
witness SHOULDER, or nearly 50, said: .sMy wife
Isa-, hap"
Mr. Harrington was about to ask IL he had
sworn 10 the same statements before the cor
oneI, but the defence objected, and the court
sustained the objection.
John H. PGrlAErst was sworn, but his tes,f-
nloDy was not material.
Hsyy Warm. CClOred, sw0rn-Witness was
waiter; saw OBrien walking away, and slse
one said, a. Lord, Charley, Whist did YOU shoot
Sam fore" and lie replied 81 only hope III -
OF - may die"
4Ur e. IL Of ~