Alexandria gazette. [volume] (Alexandria, D.C.) 1834-1974, 1874-10-17
The Trial of Nettie Green.

scene of more than usual interest, it being
known that the trial of Louisa Tremalne, alias
Net,ie Green, for the Murder Of Samuel
Eichclbergcr-a canal boatman-at her house,
on Union street, on the night of the 10th Sept.
would take place. Aside from the usual 10
tcrest manifested 10 murder cases, the fact that
= woman was to be tried, and the report hav-
ing obtained circulation that Dir. SeySter, the
Attorney General Of the State OF Maryland,
would engage 10 the prosecution, attracted to
the Court Room large crowd of eager specta-
tors, who evinced the livellest curiosity
in every phase OF the proceedings. AT Ii
o'clock the Court was opened, and shortly
thereafter, the prisoner vas brought IN by the
Tailor, her appearance causing quite commo-
ton among the crowd, each anxious to catch u
passing glance as she was conducted to the
prisoner box Upon her arraignment, her
counsel, Col. Chas. E. Steuart, and Chas b.
Stuart, jr., rendered plea to the jurisdiction
Of the Court to which was interposcd de-
murer which was sustained and the plea over
ruled.
The prisoner pleaded mot guilty" and the
following yeuire were called aud sworn upon
their voir dire: Jno. W. Campbell, Harrison
Kirk, job Carson, Z. H. Janney, &. W.
Ramsay, VIM. Bartle Thomas Dryer, Lewis
Skidmore, John Donelly, Peter Simpson, Lew
IS Stein, Jacob Roxbury, George +. Price,
VIM. Baker, f. r. Steele and E. j. Lloyd.
Counsel for the defence struck from the list
the names of George E. Price, Vim. Baker,
EFT Steele, and Ell. Lloyd, and the remaining
twelve were sworn for the trial OF the accused.
Attorney General Seyster accompanied by the
father Of the deceased entered the Court room
and it was generally supposed that he would take
prominent part III the prosecution, but upon
inquiry it was learned, that after consultation
with Mr.. John NJ. johnson, the Common
weath's Attorney, he had deemed 1t unwlse
to do more than become an occasional adviser
in emergencies, should his advice be required
The jury being sworn alter The proclamation
of the Sergeant, the Commonwealth At
| torney made an exceeding y clear aud explicit
opening statement of the case.
| He said in presenting the case to the jury,
he would be actuated by no other consideration
than desire to do his duty and assist the
Jury in arriving at the truth. He should pre-
sent before them the law OF the case for the
better comprehension of which it would be
necessary Tor the jury to be enlightened as to
what was the common law OF homicide. At
common law it was distinguished into the cas-
siicatious Of murder aud manslaughter Muir
der was the killing of human being with
malice atorcthought. Malice could be shown
from the circumstances attending the homi-
eide The statute OF Virginia had made quail
ications concerning the ancient doctrine OF
homicide and created degrees OF murder which
required to be observed. ln all cases of hom-
icide, where the homicide is proven to
have occurred beyond a reasonable doubt,
the law as laid down in Reeds case, %
Graft. makes it presumtlvely murder 10
the second degree and in this case if the
Commonwealth would elevate the offence to
that of murder 10 the first degree, by show
iug wilful, deliberate and premeditated kill
ing it must do so by competent proof. If on
the other hand the homicide is shown to have
been committed, the presumption Of murder
in the second degree remains unless the prison.
er by proof offered upon her part repels that
presumption. Mr.. johnson read extracts from
Davies criminal law 10 explanation OF the con-
srituents Of the crime Of murder under the
Virginia statute, and concluded his opening of
the case by, statement OF such facts as the
OUlu ApSSlCO W plofO, ouo lCloll Gu
the jury to the evidence.
Col. e. E. Stuart for the defence, claimed
that the law had not been entirely laid before
the jury. The law is that, in the defence ofper-
son or property one has the right to take the
life of an aggressor. Reading from Mayo's
Guide upon the Subject of Ordinaries, he
claimed that an unprotected woman who was
the keeper Of an ordinary. had as much right
to protect herself and property as did the
Messrs. Coouey, or Mr.. Green who keeps the
Mansion House. The law was no distinguishes
of persons Co.. Stuart explained at large
what would be the facts in the case; that these
Canal boatmen who were together we're lntox-
caled upon the night of the occurrence of the
misfortune; that parties at the Canal basin had
sent for police to arrest them on account of
gross misconduct; that they had created disor-
der in the house of Nette Green; that she had
gone for the police and whilst away the de-
ceased had robbed her bureau; had insulted
abused and assaulted her 10 the most violent
and ineXcusable manner, and the prisoner 10
defence of both person and property, had only
exercised right accorded by the law--the
right of self-defence. Upon the conclusion of
his remarks the witnesses for the Common
wealth were called.
Dr. D. NJ. French test6ed-Was called upon
by policeman sometime last month, between
the hours Of eleven and twelve at night, to go
and see man shot in a house on Unlon street;
found the man, shot lying on settee; he SEEM
ed to be 10 profound stupor; he was struck
near the centre Of the forehead. on the left
side, near the liue Of the hair; was requested
by coroner to make post mortem examination
next day; the bali penetrated the brain, going
down and backward, lodging at the back part
of the left side of the brain; [ think the wound
caused death Of deceased; the ball was small
aud much fattcned, and the brain very much
shattered where the ball entered; the deceased
was a well-made, muscular man; when be was
shot the prisoner must have been above him,
or deceased with his forehead bent over
The attorney for the Commonwealth sent for
the ball with which deceased was shot, that it
might be identified, but it was reported lost.
John Copp testified Know prisoner and
knew deceased was present at the time Of the
shooting; was there before the shooting occur
red; went with Samuel Eicheberger to the
house Of prisoner; had received an invitation to