Daily national Republican. (Washington City [D.C.]) 1870-1872, 1872-10-16
ON Trial FOR MURDER.
The Bennett Homicide.

dresses the J udEr. Ca-r Not Concluded.
The case Of Frederick DeKraft, charged with
the murder Of Peter bennett, near the Govern
ment printing office, In August last, came up
for trial before Judge Humphreys, holding the
Criminal Court, yesterday.
DeKraft and VIM. PLdgett were indicted to.
gother, but elected to he tried separately Mr..
Barrett appeared for the accused, Mr.. Hnrring.
ton representing the Government.
The Jury was selected and sworn, and the In.
dlgtment read,
UrENINo ARGUMENT.
Mr.. Harrington opened by defining the terms
murder, manslAughter, malace AlOrethOught,
Sc, aud then narrated tho facts OF the case sub.
slantinlly as Published at the time Of the hOml-
eide
Mr.. Barrett saId he would reserve what he
had to say until tho prosecution closed its cvi'
EviDENCE ron ruE PROSECUTION.
Tho prosecution called DR.. Hnrugan, who tCa.
tilted as to tho autopsy Of Bennett lilo found
the body at house In Jackson alley, near tho
corner 81 First and q streets. lie discovered
three bruises On the sIdeof his face and a wound
on the risht siie q tho chest, about two inches
from the middle llne OF the body which pene.
trRted the right side OF the heart. This wound
prOiuced a bleeding which caused death.
James BcnnettsNUrn. The deceased was with
IN a Tow mon IN VI eig hteen years Of age lie was
killed few minutes before nine o'clock on tho
evening Of the 20 h Of August. On that evening
witness saw Peter bennett and others standing
on the COruOfs ana q crown near ny. witness
asked what was the matter. Peter said the Pad.
Hetts aud the fitEgeTnlis were fussing Peter
then asked companion TO go to tho pump with
him aud get drink. Just then he saw DcRran
aud William PadgOtt ahead Of his brother and
his companion. William Pndgett said, "You
con Of b-h, who are you following" Peter
slid he was following nobody. Saw DeKraft
catch Peter by the collar with tho right hand,
and, holding large knife In his left hand, said,
81 will cut yOut heart ont, you DID son Of a
b-h." Peter said, "frcd., y"u would not stick
me | never dli you any harm" Dekmft re.
Piled, "Nos l Will you Irish Sun Of n b-h, " and
then witness saw the knife plunged into the
chest Of Peter. Witness started Hiisr DCKTaft
who was going of, but Dckun kept him of
with his knife, and cried out to padgett, Come
on, Bill let us run I've cut one Irish son Of a
bis heart UuI" witness followed DeKfhlt to
his home, but cuu Il not Wet In saw hun agalu
Aiter he was arrested.
Margaret Curry. Witness lives within half
square Of tho place whore the homicide took
place, there was a quarrel between Fitzgerald
and the Palgetts, and bad names had been
called saw padEett and Dckmft come Up and
heard DeKrRft and jim Padgett ask where was
the Irish 80 ota-; saw Dck. with a knife, and
a. thoy went up the pavement BIZ PAdgett
asked for the kulie, saying he would cut the frst
Irish go ola who said anything to him; DE.
KRAFT ran, saying I've cut the Irish - Otn ="
CrOsseNamined when Bill Padgett asked
for the knife, DekrAft said he could use II MN.
self Witness did not say when she was sum.
muned that she would hang the three In six
minutes,
WIN. Bennett, sworn witness Is a brother Of
Peter Bennett, deceased, and IS 10 years old
Deceased was going up the pavement when one
OF the Padgetts asktd "WhO IRE you following Z"
Deceased said he was not following them, and
Padgett said, "lGs, you are, you Irish - oTa
-" and Dokrntt ran W with the knife and cut
him and ran OIL saying "l,yS cut tho heart out
Jackson alley bridge At the time Of the fuss at
FitE's.
Mary Stundon, q Vlrl Of 10 years, testified to
hearing DekTaft say, Peter, III stick you"
and deceased said, You would not stick me, for
never harmed you, " and DekraIt said, "Yos
will " and stabbed him.
OtiiCer IaWlur testified that he arrested lie
Kran, aud on searching tho house, found him
on the floor under the bed. Utncer FuRItt was
with hun when the arrest was made.
AT this point recess was taken.
TUE CASE FuR THE DEFENCE
Mr.. Barrett Open, Il the case Ter the defence
He argued that generalization " could not exist
except time had hTst passed sufficient to form a
iull mental Image OF the act to he done, aud q
determination 10 perform It. He Instanced tho
TACT that he had nineteen years ago formed the
idea OF n house which, rs soon as he formed tho
idea, he then premedltatcd building the house
but had not built Il yet
Judge Humphreys said that while It would
take considerable time to form the idea OI a
house Il would take less to form the idea Of a
scaitOld still less to form the idea VI a machine
OF less complete construction, and tho idea Of
committing crime might take very much less
time.
Mr.. n. continuing stated that the defence
would show that hlT. and Mrs Miles Tho latter
Padgetts sister, had been married, not ia the
presence Ola Catholic priest, and that the crswd
OF friends evidently supposed that this was no
marriage at all, aud tbs crowd, especially Mr.
Fitzgerald, had applied oppFoDriOus epithels to
her, calling her bastard.
The Judge asked what kin was Mis-. Miles to
DeKrAit.
Mr.. barrett. Nome at all, your Honor.
Mr.. Barrett continued, saying that Padgett,
fearing that the crowd would uTUceei from words
| to blows upon his sister, placed himself between
her and them; bat all this passed, not. however,
I nHIf N44Hf Ian NHtU Na 4.
| state VI great excitement. padgett was excited
! by liquor, and bis brother and DeKrait sought
| to yet him home. FilEgerald's sou cried out
| "Wait, III run down Jackson alley and call ths
| boys and they'll hOg them" They Attemlt
to get PadRett home as speedily as possible hut
before they were able to do 50 a crowd assaulted
| up and beat one Of them severely; that DeKTaU
ran away from them, went home went 10 sleep
and was arrested In his own house. II would 6s
| shown that another person had the knife
THE FATHER sPEAKa
Mr.. Bennett, the nther Of the deceased, here
came to the bar, saying "Wlll your Honor allow
| me to speak a couple VI words z"
The Bailih Order In court.
Tho old man was carried back to bis scat and
| instructed TO remain quiet
| TEsrINONY BuR THE DEFENCE
Tho witnesses Tor the defence were then called
| as follows;
J. II. Padgett testified TINT he was in his
house and no heard voice which he afterwards
recognized as that Of Martin Fitzgerald. saving,
| Let that ID Id Yankee. huTu Palgrtt Culns
out; he's got my sisters child, ami he's living
| with her aud he's not been married to hoT;"
witness then came out to tho door and said his
| sister was married, aud that the record was Al
| the courthouse; Fitzgerald said she had only
been married by ninisteri witness sister then
| came 70 the door and some heated TAX ,,CrI,rTr
| In which Fitzgerald continued to call Mir and
| Mrs. PAtEett bastAris, and there Wa cUnsIIeT
able further talk, during which be KrafL and
| james Pudgett came up FadgGtt being yefy
drunk; Mrs. Padgctt said to FlIzvCTali; ar
YOU call me a bastard you will have to prove
| 1t to morrow Fitzgerald replied that he Of /
not mean mat sue was bastard but that
| vile and started with DrKTalt To carry James
| Padgett home. A crowd Of irshmCn camo
after them. lie saw among them the two Ben.
netts. The crowd soon overlook them, and
| Peter Bennett said: "IOu Yankee born bastard,
I'll cut your CUTS cut" Witness said don't let
us have any fuss. The crowd Jumped on US;
| the middle Of the street, apparently on Ills
knees with q crowd around him WItness's bro
thcr said; "Oh! Dckraft, come herei these Irish
Will hnish me- witness here heard q voice
say, we've flushed one bastard and now We
| will finish tho uther;" they then went toward
the brother Of witness, but witness wife pulled
| him away, and witness went TO his home near
| the tull.gate, but fearing that his brother was
| injured came back aud then for the nrst time
learned that llennet bad been killed.
| WIN. Padgett. Witness lives at the corner of
| Fourth and q streets on the night Of he 18th
Of August last witness was at Mrs Miles; lust
/ as witness came cut with tho Padgctts to the
| blItbN thtg ul.l hAtllu Fitzgerald, who spoke
| In most OppruhOus terms TO The Paigsttsi soon
| alter they met WIN. PadEett, and while they
were talking with him lust then a crowd came
| upi one young man struck VIM. padgett, say
| ing "you Yankee sUn OF 60, why don't you
| fight U.S. he was dragged to the street and
In second cried, "Dekran come here; these
| Irish will Kill mo u crowd gathered and wit.
ness saw no m0rei Just before this witness had
| heard young Fitzgerald say, wait minute
| III go down the nlley and get a crowd to whip
theni' alter VIM. Pldgett had been dragged
TO tho street witness heard him say, don't XIII
me, I've done nothing"
Characterization Witness did not SEQ a
weapon In the hands Uf Dekraft, or Of Padgetti
never saw any one strike Peter BennetL but
saw Peter Bennett strike William Padgett, as
they dragged him into the street. AMER Pad.
gett was dragged to the middle Of the street,
witness went away To tho neNt cOrner. Witness
saw no kniie there, and heard NJ no cutting until
the next day,
Edward Downcy was called, hut was found to
be In Baltimore.
u. =, LltE wa chilled, but he had gone home.
Inc court entered "a hno against him Ui 50 y
nut revoked II On learning that the witness had
not been summoned
Andrew LcutneT Witness thinks DeKFaTt
was IN bis establishment on the evening Of the
2oth Of August. lie was perfectly Sober. Wit.
ness does not remember who was with him.
There being no other witnesses for the defence
nWH wi Bfn TNa