National Republican., 1873-09-19
TRIAL FOR MURDER.
TIE Case OF Rnincy alias Mason for the
Murder of Tucker.

"urder OF Tucker.
FIRST DAY,
The trial OF Sam RsIney, Indicted for tho muir.
dero Abel Tucker, on D street south, opposite
the Smithsonian Institute, was begun Yesterday
morning at the Criminal Court; Mr. Justice
Arthur Macarthur presiding.
Mr.. Harrington appeared for the Government
and Mr. Riddle for the accused.
The prisoner, a short, Jet-bisck man, was
brought into court, and on being aTTsiQnei
was commenced-the names being taten FINN
hat, and each being sworn on his poir dire, A
Jury was selected from the regular panel, as fol.
Sws R,gce lam 5osn Hor%ey John n putier Thomas
Brent, ar, John X. Dale, George w, Calvert.
George Wahl, Samuel Bacon, Thomas i. Dnrr
and 40. Wm Laeas,,he defence ehallengins three
anu conscientious scrupcs being held by three.
MI. harrington opened the case, recitlnR the
iacts, and said that the care with which the Jury
mad been selected must weigh more with them
~ showing the magnitude and solemnity OF their
functions than anything he could say. lie felt
compelled 70 say that he deemed this case one Of
murder. He would show that Bowie, Williams
and Rainey went up b street, or, In the words Of
bowie, "after swaR." Bowie entered the house
Of Mr.. Tucker, 1910 D street south. The family
heard the noise, and Mr.. John A. Tucker seized
one Of them and was carrying him TO the station
house when heother interfered and In the strug-
gle the accused struck Tucker with . stone and
the commission Of felony, Kills, without fore
thought or design, Q afellow-creature II Ii murder
Mr.. Riddle. ! ooncede that whore party has
entered upon the execution Of felony, and the
death then occurs, It 10 murder.
Judge Macarthur. know Of no case that con-
Mr.. Harrington. 1t Is as old As the common
law.
Mr.. Riddle, opening for the defence, remarked
u as the result Of his observation that lust a.
the charge IL extraordinary docs the popular
mind believe It 70 be true. Il becomes akin "a
| the maTVplOuq There ha IN In
case, u the prosecution showed that, In attempt
Ing to rob fuckers house, the fuckers defended
!heir properly, and in an alterca,ion there and
was murder. whatever humanity or justice
there was In law which took mana life under
such circumstances, u was tho law. and the
must show that this man was there in the com
mission Of felony; not that he was there
merely. They must show this BY an unim
EviDKscR ros rHE PROSECUTION.
The prosecution called the following wit
DR.. MartIgan testified that he made an au,opsy
o. the deceased; saw two wounds; one OF them
In the side OF the head produced death; this was
the cause OF the death; he saw no other cause
for death; Mr.. fuckers ssull had been trepsnned
Cross-examined; These wounds could not
have been produced by blow Of the 1st.
John ii. Tucker testified that on Thursday
| the deceased, and wife were In the room to-
gether about 1880 O'Clock. Witness was reading
anewspaper, and his son was talking With hi,
vile about renting house, when noise wa,
heard In the hall. His wife said: There theve,
| come after clothes again" Witness and his sor
ran 70 the hall, and his son got 10 the door lust
Q colorel man lBowie Williams) got 70 the door
he seized him. "rm after Johnson "There Is NJ
johnson here, nor never did live here" witnes,
then said "No, you're here after stealing som,
oce %n, say ssrs aS t
his son, when they both fell, the deceased 70 In,
edge OF the pavement, when this man (Ralney
came out from behind gate and struck the de
ceased with q stone. which made him relax hi
| hold and fall. Both the colored men then raf
| across to the Smithsonian Institute, and, enter
| ing the gate, made their way across the Smith
| sonian grounds. Witness ran after them, bu
could not catch them. As he ran O pistol W.
nred: he could not say by whom. When he cams
day.
| Just at this point news OF the suspension O
Jay Cooke Co. was bruted about the court
producing quite sensation.
Mr.. Riddle was about TO begin his cross-ex
animation when Judge Macarthur said he wouli
| adjourn the court until . O'Clock. At Q O'Clock
tho court was adjourped until this morning.