National Republican., 1873-09-20
THE TUCKER HOMICIDE.

The Trial Of Raincy for the Murder OF J.
A. Tucitcr, on the Island last Mny-Ciosc
of the TestImony-Sccopd Day.
The trial Of sam. Ralney, alias Mason, for the
murder Of J. Abel Tucker, was resumed In the
Criminal Court, before Mr.. Justice Macarthur,
yesterday. The case was opened by the resump-
ton OF Mr.. Riddles scrOss-examlnatlon OF Mr. j.
A, Tucker, whose eNamlnatiuu-in-chlct for the |
prosecution closed yesterday.
The questions Of Mt. Riddle were directed to |
the point OF showing that when the witness aud |
the deceased came out OF the room into the pas |
sage the acc0mplice OF the accused, bowie WI. |
liains, was at the outside door, and could have |
gone Oh, u he had 80 chosen, before deceased
and witness reached him. Tue witness, however,
was 1rm and persistent In his assertion that they
advanced on him 80 quickly that he could not
escape, There were no lamps Ht--lt was DARK,
but witness could tell white man from blacA
w witness said. "You come here to get clothes"
Mr.. Riddle. Well, SUPPOSE that closed tho con-
Witness did not pick up any stone while the
struggle was going on, bot picked up one after
wards. Witness never struck any one with q
stone there, aud never had stone asaweapon,
When Raney struck deceased with the stone u
rolled under the curb. ttleavy stone shown.l
witness Il certain that Is the stone. There IL .
hair upon II, but there were more hairs upon II
accused because he saw him then, and he sees
him now. Had seen him before at the oyster
dock and other places.
witness saw the deceased and Bowie Williams
struggling at the door, Williams trying to get
| out aud the deceased trying 10 prevent HIM.
Williams never got to the Inner door.
II. II. Kimmlli: Witness Is ciuzen; remem-
| hers the evening Tucker was struck; witness
was on his way 70 Potomac hall 10 the lodge that
when % hc saw W two coorcd men approachlus very
| quickly; one OF them said, "Chfist, didn't We
knock that fellow" The other replied, "lt Just
| two men were Bowie Williams aud Raincy;
| thinks It was Rainey who made the last obsefya.
| ton; they seemed quite pleased about it aud
| laughed; witness thought they were going for
him, and would have run II he had not seen that
Cfoss-cxamlned: Witness was not frightened; +;
never was frightened.
Mr. Riddle. i've known many men who never
were frightened, but they were sometimes.
Witness nrst saw them coming over the stoop
that comes into Twelfth street from the Smith
sonian grounds. one Of them had no hat on.
witness passed within ten steps OF them, and
saw them distinctly.
Mr.. Tucker recalled: Beside the stone cap
was picked up on d street, near the scene OF
the struggle Immediately afterwards.
THk STATES EVIDENCE.
NaryIand avenue. between o or 4 O'Clock, on the
;; evening OF the irst OF May; afterwards met him
on the corner OF u and fouI- -lnd-a-haf streets;
sssed sns. 20 60 street iSI
, thing that can be got. Both then went up to
, Mr.. fuckers 10 get swag; went In the alley an
opened the side door, M TsSfe5 pss eansh, M
] came up and tried 10 make him let 90 with his
, lists; then he goes out IN the street aud struck
Mr. Tucker with stone and made hln let go
, across the Smithsonian grounds; when he get.
over there he says, "That settles him." lie sad
that just as we go. to the smithsonian institnt,
] and across the Tweifth-street bridge; witness
!, lost a cap In the scufic. Both witness and
8 Rainey were within the alley, but DID not &c,
q hold OF witness before there was any chance.
Cross.examiued: Mr.. Harrington never prom
ised not TO prosecute witness u he would testify
lie told me II didn't tell the truth he'd send M
!. Mr.. Riddle. DIDN'T you tell me that you we n
: going to swear that Kainey struck Tucker viii
Witness. No, sir.
!. Mr.. X. wnat did you tell me-?
Witness. You asked me was going to swea
= against him. tLauRhterl Did not make au.
u statement In regard to Mr.. McDeyitt.
{ Belle Taylor, small white girl: witness live
at the time OF the homicide In the house next Z
Mr. Tucker; saw the deceased struggling wit
:. Bowie Williams on the ground, amt then sa,
Sam Ralney come up and strike the deceased
, he threw the stone across the pavement
q Cross-examined: Which one Of these men 4
e the one who struck Tucker referring to the az
cused and Mr. Thomas, colored lawYer,who sa
The witness at nrst seemed disconnected, bu
answered that he thought 1t was the darker ont
| (the accusedl
Mt. Riddle. You only know that the man 20
saw was colored man?
= Witness. Yes, sir.
. Mr.. Harrington. Rainey, stand up.
. The accused stood up.
Q Mr.. Harrington. Is that the man you saw:
At this point, as one Of the Government vii
1t nesses was absent, Mr.. Harrington asked re
h cess.
4 Mr.. Riddle said the defence would call thei
i witnesses.
!. The court then. at 1875. took recess until
Il O'Clock.
h Upon re-assembllng on,cer silas Lewis, OF tn
Ie Metropolitan police force, was sworn. Witnes
remembered the day OF the homicide; arreste
Sam Rainey about $50 O'Clock the same nigh
l. found upon him heavy missile 1.-The head OF
! cane and about six inches OF the stock which
! Identified.
! fence produced no witness, and Mr.. G. n. Thoma
D proceeded to argue 1t.
| Al the close OF the argument OF Mr.. Thomas,
Mr.. Riddle aske'i whether It was intended b
! the District attorney to pray for conviction @
. murder.
Mr.. Harrington said that this was one OF tn
cases out OF which there grew some doubts q
ls the grade Of crime, and he added that he wa
willing TO take consent verdict OF mao
slaughter, II the court was satisfied.
Mr. Riddle. believe that under the clrcum
D stances we are content that verdict OF man
:, slaughter be returned.
Mr.. Justice Macarthur. The situation OF tn
prosecuting 0mcer IA fully SHARED IN by the cOur
IL Is settled law that where man takes life |
the commission OF felony II IL murder. An at
compllce has been Introduced here to show tha
the homicide was committed while the accuse
z. was about to commit q felony, to vii, Larceny
Of Yet there was principle OF law that the test
N mony OF an accomplice, unsupported, was not
W be regarded. In this case the testimony of tn
- accomplice was sustained as to the parties bcin
c. together at the time and place Indicated by hin
Tut there was some contradiction OF the Otht
Of portions Of his testimony. lie therefore full
Is concurred with the District attorney.
u: eNir. Riddle. Does the Court desire TO pass ser
,d tence to-dav7
h; The Court. think so, II there Il no objection
Mr.. Riddle. As I understand there Will be tim
Is, allowed before the removal see no objection.
ps The Court to the prisoner. Have you any thin
id to say why sentence should not he pronounced
Prisoner, No, SIR; have not.
Il, The Court. ] am satisfied that yon have bee
Ds pretty bad boy, and you see what II has brougt
id you to. You have Just barely escaped the ga
* lows, and that by the humanity OF the law. 70
are young man yet, and after you come out ca
nr live an honest liir, for you will learn trade
l. the penitentlary. The sen ence OF the law
d that you be committed TO the penitsntiary at A
Il; bany at hard labor Tor six years.
Prisoner. Thank you, sir.
a, The court then disnssed the Jury until Mon
!, day, saying: "Gentlehen, hope you will fn
II your families all well aui your bank account
l. straight"
j. The court adjourned until this morning.
| r.