National Republican., 1873-11-13
rnr srKwARr.ryLER HOMICIDE.

Openipa Of the Tiini for MansinuGhter.
Andrew Stewart, colorej, was put on trial
yesterday morning before Judge Cartier, holding
the Criminal Court on an Indictment charging
him with the murder OF wm. Tyler. II was un-
der to VI, however, that an indictment would
not be asked for an offence grayer than man.
slaughter.
Mr.. Harrington appeared for the Government,
and Messrs. Garnett and Miller for the defence.
Aner the Jury had been selected, Mr.. Harrington
opened the case for the United States, and called
n number OF witnesses, who proved that the &c.
Cused went into an alley where Mrs. Anderson
lived, and that difficulty occurred there be-
tween himself aud q sou Of Mrs. Anderson.
Others intetfered and parted them, AND when
turned and nred two snots, one OF which took
fatal effect on VIM. Tyler. After short recess,
the following witnesses were called.
Walker Moulton: Witness saw the dlmculty In
which the homicide occurred. Saw Stewart on
top of Tom. Toms mother asked me to help,
and ran up TO pull stewart on OF Tom, and
him o ne Ssa sssu sna ,Sfsw
which struck one OF the girls, who began to cry
out. lie then turned and nred two Dots, one
directly after the other. Never heard the de
ceased say anything but "whst Is all this fus'
about?"
Cross-examined; witness distinctly saw stew
art IRE. He staggered back about three step
search about and get the stone. He nred twice
Just as soon a. he threw the stone.
Mr.. Harrington SAID that he understood thA
| the defence admitted tnat WIN. Tyler died OF th'
wound inflicted by stewart.
| Mr.. Garrett assented to this.
| Kate brooks testified that she saw the struggle
between stewart and Tom Anderson. and tnet
saw Stewart rre two shots and Tyler fall. Afte
/ this she saw stewart run towards Third street
aud heard him fire another shot. The cross-ex
animation developed that witness did not see th,
beginning OF the struggle between Anderson ant
Mr. harrington. Tue Government closes here
| your Honor
| TuS pErEscE.
/ Mr. Miller opened the case for the defence
| and said that Stewart had, for long time, o.
| attachment for Mrs. Anderson; had lived VIII
her, supporting the house for some time; put
/ cused OF stealing his watch, and then left IN,
house and went to reside elsewhere. But on tn.
| night OF the homicide he was anxious TOT NJ
| customary pleasure, aud went toward tue house
IL was a locality beyond the protection OF INT
police, into which no sensible man ventured un
armed. When he got there he saw crowd u
the alley, and seeing that some o. them wer.
He was not, however, allowed to 90 In peace
A crowd followed him, Moulton tripPed him n
| aud then the crowd gathered around hlm. II
was In danger and fired his pistol IN the All Y
scare the crowd, so he could get on. he thel
attempted to get away, but the crowd followe'
him, and he was forced In self-defence to nrt
By chance the shot struck Tyler, who was som
M. Garrett suggested that. as the hour wa
late, II would be as well to commence the ey
dence for the defence In the morning.
Mr.. Harrington consented, saying the cal
4 | could be finished by noon tomorrow; and u
! court adjourned untll that time.