Evening star. [volume] (Washington, D.C.) 1854-1972, 1876-06-08
Trial Of Denhsm sormnu for Murder.

THE TESTIMONY FOR THE DEFENCE.
Yesterday, after our report Of the procsed-
iugs In the Criminal Court, Judge Mac Ar
thur. was closed. the trial of Denha % G. r.
nan, charged with the murder of Albert
Leice on September 4th, last, by shooting
him In restaurant at the corner OF 9th a1d
streets, was continued, and testimony
given for the defence, as follows.
CCtcer EdtCdrd DlHdu and Ctas. Thomson
testified that the prisoner was very drunk
"pen ne was brought TO the station house.
EdlcdTd dtCorcts testified that he went into
me saloon 10 get a cigar; heard German and
TIE oarkeeper disputing about paying for
some drinks; thought there was going TO be
row, and went out; afterwards came back
ana Gorman came in, saying: ST Amt hurt;
can whip dozen such Dutchmen.n He
puiIed out his revolver, and in trying to
on. Thought that all of the party excepting
drunk.
Roger McGee testified, corroborating pre-
Sergeant Dbamlore testified that German
was stupid, and sleeping half an hour after
ne was brought to the station.
Frank w. Pd0e1foT testified that he was in
the saloon at the time; did not know the
parties; they were talking very loud, espe-
cially German, disputing about pay for
friend; he said no, that he did not know the
man; heard the shooting and saw German
with the pistol in his hand; when Lem took
the revolver away from him he said that he
up; German seemed crazy drunk.
John j. German, brother OF the accused,
Identified The pistol as his; when witness left
nome, ct ID O'Clock, 1t was lying on the
maDtel In the back room; the pistol goes of
easy; IL had exploded in witness hand while
he was cooking II. II was admitted in evil
dence that servant brought a message to
this witness that German hal taken the
pistol TO sell 1t. The pistol has not been
much used; IL Will not go Off at a half cock,
but Will sometimes at q Quarter.
4Tf1ll 6a~ff o.,
Ionged to John j. German; when 1t was
loaned to witness he was cautioned to be
very careful in handling 1t, as 1t went off
very easy.
Sergeant Samuel b. Clements corroborate1
the preceding witness.
The case was then continued until TO. day.
The trial was resumed this morning. and
tne defence called Mr.. Miller, who failed to
answer, and they announced they would
The government called rebutting testi-
mOny as follows:
J. J. Peabody testified that the pistol could
not go off at half-cock nor less, because the
cartridge would not be under the hammer.
witness was cross examined at length to
show that the shot might have been fired by
the hammer falling on a cartridge before it
had entirely passed from under il, and Mr.
Peaoody thought that that would be almost
The defence called John j. German, who
testified about as he did yesterday.
This closed the evidence, and counsel pro-
ceeded to argue the case.
The District Attorney abandoned the
charge of murder, but claimed verdict for
manslaughter.
Prof. Riley and Gen. Henkle argued the
case for the defence, and Governor Wells,
for the government, made the closing argu-
ment, concluding at 2:10 o'clock.
Judge Macarthur, after the defense had
offered certain prayers for instructions, pro.
ceeded to charge the jury. The charge of
murder having been abandoned there Is no
generalization or design. A man may take
the life of man by culpable act less than
felonious. and that is the character OF this
case. If the death was caused by accident
then the defendant should be acquitted. II
is conceded that he was in the midst of
debaucb, but the law does not excuse him
from criminal acts, and while 1t does not re-
lieve him Of responsibility 1t does not in
crease that responsibility, although some
writers lay il down that drunkenness aggra-
Yates. He would take the humane view aud
say that drunkenness does not increase the
gravity OF the charge. Judge Macarthur
then proceeded to state the circumstances OF
the case.
Tire jury retired at 235 o'clock, and had
left.