Evening star. [volume] (Washington, D.C.) 1854-1972, 1873-01-24

THE GREEN SPRING HOMICIDE
o'Brten Trying 60 Escape the Gansws.
The Case i'm the Gcneval Term To-day.
To-day. in the court in general term the case.
OF Charles II. O'Brien, convicted OF the mardcr
OF Samuel Cunningham, was taken up, Messrs.
A. q. Riddle. r. Miller, and A. b. Williams for
p'Brien. and Messrs Fisher and Harrington for
the United States.
II will be reeollected that o'Brien was con-
victed in November of the murder of Samuel
Cunningham, at Green Springs, near George
town, during a picnic on the 18th of July last;
that 1t was in evidence that there was some con-
yersation between accused and deceased's wife
deceased, and some words between the parties
as 10 the characters of their wives; that Lieut..
Essex took the polcema8's baton and badge of
the accused from him, and ten or fifteen minutes
afterwards the fatal shot was fred by O'Brien.
ON the trial the eyide nee was somewhat con-
hicting. the witnesses for the prosecution testi-
flying that O'Brien said waen drawing the pis
tol, "lou say my wife is a W." and for
the defence that deceased said "OBricn's
wife Is -; there is the of
now, and put his hand behind him.
Judge Macarthur on the trial below refused
defendants prayers that if they found that the
defendant at the time of firing the pistol was
labor1ng under excitement from the provoca-
ton received. or If they had reasonable doUbt
as to whether he had deliberate or well-formed
intention to take human life. that the verdict
should be manslaughter; that IL it was the Gus
tom OF policemen TO carry pistols the fact that
the defendant killed the deceased with a pistol
cannot aggravate the crime to murder, and if
defendant believed his life i'm danger they could
not find him guilty of murder, but must bring
IN verdict of manslaugIter. The defence
cepted also to several portions OF the charge 10
the jury. The defence raise the points that the
cenrt erred in refusing the prayers, and also in
that words of reproach, however grievOus, are
not suffcient to free party from the guilt of
murder, neither are provoking actions or ges-
lures, and that the custom OF policemen carry
ing deadly weapons cOnfers no right to Use
pistol except in proper cases
The court, after argument, took the papers
ana reserved a decision
o'BRIEN WAS BROUGHT INTO COURT
at the opening hour, IL O'clock, and was joined
by his wife and her mother. He appeared to he
in good spirits, and although he did not appear
in such robust health as during the trial he
appeared to be perfectly well. Recently he has
been suffering from a very severe cold. which
has operated to reduce him slightly in flesh.
Attorney Miller's Defective Indicf.
ments.
In the Police court yesterday afternoon Ed
ward Mccormick was arraigned on the charge
of keeping a tippling house without license and
that he did sell on the 10Th January 1873. dis
TILED liquors in less quantities than pint to the
same purchaser at his place OF business in the
city OF Georgetown. plea of not guilty was
entered, when witnesses for the prosecution
were introduced by Assistant District Attorney
Miller TO prove the sale alleged. Mr.. II. r.
Taggart, counsel for tie defence. after some
cross examination OF witnesses, stated to the
court that he had no testimony to offer, bu.
moved an arrest of judgment Oh the ground of
defective information; the time OF the commits
sion of the offence is not stated with sufficient
certainty the words Eat divers other tines
would not DO. as il ght cover from the com
mencement of the world, and defendant there
by he precluded from defence of himself The
information charges the sale to have been made
on the 10Th day OF January, 1873. He cited 9Th
Gray. page 81, Commonwealth OF Massachusetts,
agt Hugh McLOon, in which il was held by the
court that an indictment or complaint which
states the year OF the commission of the offence
in figures only. without the letters "a. D. is
insufficient. Several other points were made by
counsel ef less importance.
The court asked MIR. Miller if he desired to
answer the counsel for defence on the point
raised: that it seemed very important He ask
ell the clerk TO hand him the information. "a
printed blank, such as has always been used bv
the assistant attorney, and printed by himself az
his own Oificc,) and after scanning il critically
for some time, as if in quandary, he turned TO
MT. Miller, who appeared TO be taken by sur
prise. and asked him If he desired To reply?
Miller stated that he would prefer to POSTPONE
his reply to next Tuesday, a. he felt quite un-
well. 1t was agreed TO.
Here another ease was called, when the Judge
asked to look at the information He remarked
In Mr.. Miller til at before the case proceeded he
must amend the information, as the same omis-
sion appeared upon it; the era shOnld be deslg
mated IN all eases, as by its omission the time
was indefinite, and lie thought this omission
would prove fatal to all his cases before the
court. The information must show the time of
the offence, ami the letters "A. d., be inclGd-
ed in the paper otherwise who can tell the pc
riod OF time. The Christian world hold TO one
era, the Jews to another, tue Turks TO another.
necessary (and ithad so been held by the courts)
that the letters a. D. designating the era
lie stated.
Here the alto; ) made the necessary correc-
.f,., to-. al, - tI,a
ures implied what the era was, but the court
said that was insufficient.
The blanks used by Assistant Attorney Mil
Ter, as stated above, are furnished by himself,
and are the same as have been nsed by him eyer
since he has been acting attorney i'm this
court. The effect OF this fatal defect must be
that all appeal cases TO the criminal court will
have to be dismissed.
No Murder, BUT SUDDEN DEATH FROM THE
RUPTURE OF AN ARTEnY.-The rumors Of a
murder having been perpetrated across the
Long bridge, mentioned in Yesterdays STAR.
turn out to have originated in the sudden death
OF a colored man. one William Mockestin.
woOd-chopper from near Fredericksburg, Va.
1t appears that OIL Wednesday he got on the cars
at Fredericksburg TO come to Alexandria but
tell asleep and passed that city before he dis
covered where he was. He was put of at the
south end of the Long bridg at his own request
and was kindly cared for by the keeper of the
tavern there, who gave him a bed and proper
nourishment, but, being sick on his arrival, he.
and fell down, and before attendance could
reach him breathed his last. The walls OF the
room where he slept and the bed were found to
be stained with blood, hence the stories OF "A
murder. DIR. Garrett, OF Alexandria, male a
post norton examination of the body. and stated
that the immediate cause OF death was the rup-
ture OF the pulmonary artery.
-~-
TIE FREEDMEN's SAVINGS BANE.-In re-
Spouse to the recent act providing for examina-
ton of the Savings Banks of the District OF Co.
lumbia the same as national banks, Comptroller
Knox summoned Bank Examiner Meigs. of
New York, here, and during the past week he
has been engaged in the examination of the
National Freedmen's Savings and Trust com
pany, whose main institution is located in this
city. He says he finds this bank in splendid
condition, and managed with unusual conserva
tism, even for a savings bank. Mr.. Meigs fur
Their states that, in view of its condition, the
unfavOrable reports regarding the bank during
the late campaign must have been born Of sheer
malice.