Alexandria gazette. [volume] (Alexandria, D.C.) 1834-1974, 1874-10-17


ncr just then | heard Miss Nettie say Jesus
Christ and she ran up stair; when she came
back she said 1t was all right, she thought she
had been robbed; alter this she said guess we
had better stop, as it seems as though We arc
going to have fuss here; We then bad another
set formed to dance; when the danclng!..was
over the dancers went up to the counter and
drank; deceased then said he had not had his
drink prisoner said you have not, what have
you done to get drink; he said have not had
my drink; she then said you shall have it and
gave him glass of water; he put it up to his
mouth as though he was going to drink, and
threw the water at her; she then said YOU
d--n dirty s--n of BIB; III shoot you;
will not stand yju any longer, and came around
the counter aud pushed him out Of the door;
| heard some noise OUT at the DOOR, and saw
prisoner JUMP back, and some man ran in and
grabbed hold OF her; she threw hin aside and
| fired the pistol.
Witnesses ior the defence were then called,
and
Vim. &. Byrd tcstiGcd-Nctte Green is the
tenant and occupant OF the house on Union
street; ii is rented from Mrs Price; (receipts
Tor rent were produced and ready bar roOm
Is carried on in the house; the license is 10 ny
name; recognize the pistol shown NE as mlpe;
| left II in the bureau drawer; all the barrels
but one were loaded; after the shooting there
were two loads out; my clothes were in the
bureau drawer; my handkerchefs were missing
the next day. some of them were marked with
my uauic and number; anything anyway vau-
abe was kept in the bureau drawer.
Virginia Warrlng-l was at Nettie Green $
the night Of the shooting; was in the back
room; | heard them talking about tumhler
being stolen, aud saw Nettie Green walk
around the counter and take il cut of the
pocket of the deceased he was then taken out
OF the house; | went up stairs and found the
drawers OF the bureau open, and found hand
kcrchicf lying on the stairs; | did not see the
shooting, but afterwards Ncttic Green came in
wher; was; she said she had shot that man
(decea,cdl; she had black mud on the back OF
her neck
John T. Edds tcsti6cd-I was at Nettie
Green's the night of the shooting; was sitting
Oh the ice chest; when prisoner went behind
the counter he asked soue men to treat him;
they did tot do it: he then asked her (prisou.
err Tor drink; she Went to the water cooler,
drew glass OF water, aud handed him, which
he threw III her face: she said to him, You
meant that, didn't you? and came around the
counter and told him 10 20 out of the house;
lie went out and came back, and she put him
Strcaks OF mud Oh her neck; saw the deceased
kick at the prisoner, and saw her clothes fly
up; il was little before ten o clock when | went
there: il was hrtwccu ten and eleven when the
shooting took place; | do not know what time
this man went up to take drink; did not see
the mau shot; saw pistol in the prisoner 5
hand: | went away as soon as | heard the pis-
tOl fired
Dr. Gibson testified Have seen prisoner be
fore: am physician Of the Jail; upon cxamiDa-
ton | found brulse upon her left groin and
an abrasion upon the abdomen; blow of that
nature might have been Inflicted with any
blunt Instrumentation instance, boot or shoe
the wound had been recently made; it might
have been two days before | saw it, | should
not think that the wound had been done more
than TWO days.
Dr. johnson, testifcd--havc seen the pr-
s0uer before; saw her on the night of the
shooting: was called 10 to see the man who
was shot, and at the same tlme called in to see
this woman, aud found wound on her left
groin; ii is impossible for me to decide whether
the wound was produced by a blow or from
friction; the wound seemed to be TWO and half
inches III length and one inch 10 breadth.
The following rebutting testimony was then
Introduced for the Commonwealth.
N.
examination Of Nct,ic Green; to the best of my
recollection Jennie Warren did not testify that
she did pot fyd the handkerchief on the
stairs. or the tumber and stone at the door
James t. WaIker-Jennie Warren did not
testify upon the examination before the Mayor,
that she was up stairs and fouad handker-
chief on the steps, and that she found Il
stone and the tumblcr at the door, she did not
testify that she came down stairs and saw
three men run out Of the back way Of the
house aud jump over the fence.
James F. Wcbstcr--was called and testified
substantially the same as Walker. The cyl
dcncc here closed.
At the conclusion of the testimony the Gem
monwcalth's Attorney commenced the opening
argument for The prosecution. His address was
mainly devoted to an examination Of the facts,
aud he maintained that the homicide having
been fully proven, the defence had shown no
circumstances OF provocaton sufficient to juSti
ty or excuse it. The testimony of Edds and
the woman Warning he had no hesitancy in
pronounclng false. They had been impcached
by the testimony of the officers of police, who
were present at the preliminary examination
before the Mayor, nor had the Mayor any
recollection Of having heard them make at that
examination the statements given upon the
stand. Slucc nc Udu nea[u lip teSllulUuy Ue
would not ask the jury to reader verdict OF
murder in the first degree, because he did not
believe the evidence would warrant it, and the
Jury knew he would not ask for verdict
the evidence did not warrant But if the evil
dence showed anything it showed that the de.
ceased was killed without sufficient excuse,
and that was murder 10 the second degree, aud
that was all H. would claim. If there was any
proyocaion offered on the part Of Eichcbergcr,
that provocation was brought about by the in
suit which the defendant had first given in
placing upon the counter the glass filled with
dirty water, whcG the deceased rcqursteda
drink Whatever provocation existed was the
necessary consequence Of the insult the prison
CT had offered, and there is no one who would
not have felt indignant al such an insult. Couu-
sci for the defence would tell the jury that
mans house is his castle but this killing was
done 10 place public TO all. The circumstances
showed that there was malice 10 the prisoners
mind at the time, aud lie would ask the jury
| i Il. j