Evening star. [volume] (Washington, D.C.) 1854-1972, 1874-07-29
ON TRIAL FOR MURDER.
The AUaIOsrRu Homicide


Humphreys, t,e case OF Thomas l.. Walker
charged with Il murder OF NIichae y. Hills
az Analostan Is and, on the 10th Of June lost,
was called. Judge Fisher appeared for the
government, and Messrs. W. ID. Davidge and
y. L. Norris for the defendant.
The defense announced that they were ready
TO proceed with the trial.
The District Attorney stated thar the govern
ment was not ready to proceed with the trial,
for one OF two witnesses were absent in a dis
tant state. One OF the most important witnesses
had disappeared mYsteriO1sly.
Judge Humphreys.-Wherei IL he?
Judge Fisher.-I don't wish 10 say, because it
will get into the newspapers.
Judge Humphreys ordered the witnesses for
the government TO he called, and caused them
70 enter into personal reeognizsnce to attend
court.
Judge Humphreys 70 the District Attorney
What DO you expect to prove by the absent
witness?
The District Attorney.-An antecedent
grudge, the weapon, and the commencement OF
the quarrel in which the death wound was
inflicted.
Mr. Davidge said be never knew until the
statement was made that there was a material
witness absent. lie had but little doubt but the
District Attorney was mistaken "a to the ma
terisity OF the testimony. All the witnesses
who were before the grand jury are present.
He submitted that the accused should not be
committed TO Jail even If the case is DostDoued
for ne had not looked on 1t other than bailable
case from the first.
Judge Humphreys said that he did not think
that il was his business to listen to an applica-
tion for bail, for the grand jurv had returned an
indictment Tor the highest crime known TO the
law. The defendant was entitled TO a speedy
trial, ard he saw 10 reason why he should not
have such trial. He would not continue the
case.
Judge Fisher said he wished to enter a pro-
test against being forced into trial unprepared.
De had never known case of the kind being
pressed Tor trial in 81 short a time, AMI at the
fag end Of the term ard IN dog da -. He deemed
IL his duty 10 state this, and let the responsible
~ rest where IL ought. Ii was unusual to try
homicide cases at the fret term.
Mr.. Davidge.-I would ike 20 know about the
absent witness.
Judge Fisher have no objection 10 giving
70 privately 20 the court or to counsel but will
not state i publicly 10 get into the newspaDers
The court directed the trial 70 proceed.
The prisoner was then called on and sraigned,
and plead mot guilty"
CHOOSING 4 JURY.
The Jurors were drawn and sworn as to having
termed or expressed an opinion having CON
sCientiOus sCTGples. &c. Adam Kieseker had
Gus-avus HaTtg, do; Christopher 5. O'Hare,
accepted ana sworn Richard ). Smith, do;
John Maggie, had conscientious scTupIes; ThOs
j. Holtzclaw, do; Andrew j. Frey, absent; Ber-
BaTd Koch, challenged by defence; Jesse APP
pier, over sgei Jstn /. Brooks, accepted and
sworn; Charles ". Pettit. 90 John BrcwR had
conscientious scruples, Hichael II. HOmiIIer
absent; / chaTt L johnson, accepted and
sTOIni James NJ. E'iaSOu, challenged by de-
renee jesse = NsHH, accepted end worn; Geo.
Harvey. do; hiram =. LitCuheld, challenged,
George W. Lin vile, had conscientious scrUples:
Michael EnT.2Et, challenged; Edward Ed
wards, accepted AID sworn; JOAN 3. DOnnelly,
do; James F. Ly ldane challenged. Isaac Birch,
over age; John Il. Thompson, accepted ana
sworn.
This exhausted the panel. and two having
failed to auswCr-Nl essrs. A. y. Frey and Nj
chael 4. HOmii6T-the COCrt ordered fire of
$50 each - be entered against each. The court
ordered the marshal TO summon twelve eOmpe-
tent taltsDaD from whom 10 til up the jury. A
recess was taken for half an hour
ON reassenblrg al p o'clock the talesmen
were called, Rs follows: StertOe I. Tune ac-
cepted and sworn, John 4. Morse, challenged
oy defence Richard Kelly, co; n. g. Addison,
do; j ames II. DarIell, DO, Jedediah Cuttings
do; Robert \. Griffin, accepted aud sworn
Tbs completed the jury a. follows: q. 5
O,HaTe, Richard ). Smith, John /. Brooks
Charles ". Petit, Richard T. johnson, Jesse
p Mann, George Harvey, Edward Edwards
John y; Donnelly, Joseph Il. ThOmpsOn, Step
Toe L. Tune, and Robert y. Griffin.
The jurors were sent 70 the Continental Ho-
tel IN charge Of the marshal, and the court adj
Jeurned until Tomorrow.