National Republican. (Washington City (D.C.)) 1872-1888, 1876-05-04
THE PISTOL.
Youthful Murderer on Trial.

John alias FRANKLIN. alias Traverse Curtis, &C
eused of the murder James Diggs, is a light mu-
latto boy fourteen years old and Is charged with,
on the 18th Of September, 1875, in Georgetown,
shooting James Digs in the abdomen, from the
effects Of which wound the latter died on the nth
Of the same month.
The District Attorney said that he should not
ask a verdict of murder, but contended for one of
manslaughter.
The jury selected were Samuel V. Noyes, Qore-
Philip ]. Buckley, Edward T. Simpson, Samuel
Queen, Robt. Goldman, 1. G.. Coombs, James A.
Louisa DinkiSs, sworn: Reside in Georgetown;
knew Diggs by sight; Curtis lives almost adloin-
ing witness house. Saw the last Of the dimcplty
between the two; it was near q blacksmith shop;
Diggs had Curtis down, and was on top OF him.
Witness asked what he was doing, and the trouble
ssSGPReqS tSe FUSS bes
again. Turned round, and before she got TO them
the pistol was fired. Digs bent over and said
Saw Curtis when he fired the pistol, and witness
haiicoed; the ball struck Jim biggs in the belly;
two days afterwards; the body was then removed
to the boys home.
ross-examined: Heard the boys quarrelng and
went back to part them, and was almost on top oil
them
WHEN THE SHOT WAS FIRED.
Witness was on her way home. Curtis was al
most in his own yard and crying for Dtggs 70 get
tried to fght over witness shoulder, and she
begged them to go home, and would not let them
night oTef mot
gone far before the quarrel was renewed: Curtis
had stood on the same old ground, and Diggs had
said no; that Curtis had said he was going to
whip him, and he intended to see it out.
Curtis shoot Diggs. and his faii to the ground.
Did not see what occurred before the shooting.
Cross-examined: Lived near where the shooting
occurred. Could not say what time Of night II
was; probably between I and 8 O'Clock. The
quarrelng Of the boys attracted witness atten-
ton, and she came out just as the shooting trans
pired.
Sarah Hamilton, sworn: When the trouble be-
gan Diggs was sitting in witness window and
one said that the other could not whip him; Cur
It's told Diggs to come out that night and they
wSuld get even; witness told them not to fight in
her yard, and they went and commenced scuff-
ing; heard Louisa Dnkins separate them, and
Curtis say well, am done, you can get more
shortly after they commenced fighting again,
and aext witness knew was the firing Of the
Cros,-examined: Could not say which spoke
first, but heard Dlggs say ''you can't whip me-
Curtis replied,
"YoU GAIT WHIP Me-
m nSsS,n S: with Eas no sse talking You can't do
lowed him that night heYond cot aHa AZ ftol
wa wards they went into an Gn lot that adjoined
Could not tell which STRUCK the first Iiek Int
when witness got to the fence Sey were both on
'let me up" Both then got on tiair ssnt TbeSH,
had a second round; both fell, Digs again on
top, but he was not there long beforeT louisa Din
any pistol at all. Heard Diggs say t. Mrs lin
kins, while he had Curtis on the groG.d that
Curtis had pistol She SAID no; he has NJ for
I took it away from him in the winter Digs
said well, he has got another now If they had
DR.. James Appieby sworn: Treated James
Diggs. When witness first saw him foauG i
wound in the abdomen at the extremity OF the
seventh or eighth rib, an inch to the right of the
medium line. Took charge of the case with DR..
Tyler. He lived about thirty-thre hours. The
wound caused his death, and could not have been
shown that the ball had taken effect in the lower
end of the stomach. 1t was found in the body
Cross,eIamined: Thought that the ball passed
STOPPING over. The two parties must have been
DR.. J. F. Hartigan, sworn: Made the post NOR
TEN examination on Jas. Gigs; found a wound
between the seventh and eighth ribs;
IN TRACING THE BALL,
found that it struck the stomach and liver and
lodged in the back; hemorrhage from the wound
caused death; the ball was found lodged in the
abdominal cavity.
Robert Wilson, sworn: Resides in Georgetown:
heard the quarreling, and went TO see where it
was; found Mrs Dinkins with them, and Diggs
said that Curtis had pistol; she said no.
Cross-examined Diggs said that Curtis was
going TO beat him, and that he was going to stay
and see him out; witness left after the CONVERSE
ton.
The Government closed their evidence with the
exception Of one witness.
The defense then put in the following testimony:
Adam Norris, sworn: Saw the difficulty; Diggs
and Travers went down the street, and coming
back Digs tripped him up; they got into dis
pute and went out into Mrs. Hamiltons yard to
night; Diggs threw Curtis down, and said, ''you're
little, or would stamp you; witness told him not
to: Mrs. Dinkns then came up and separated the
boys, and ordered witness INTO the house; that
was the last he saw Of the affair.
NJ. G. Weaver, sworn: Knew Curtis for ten
years past; his character for peace and quietness
was very good.
Edward Brooks and others Endorsed the pris-
oner's previous good character
Catherine Curtis, grandmother Of the accused,
sworn: Witness raised the boy; he has got no
mother that he knows OF; he is fourteen years DID,
had always been good and quiet.
John Davis, sworn: Knew Diggs by reputation;
his character was bad; never heard anybody say
anything good Of him. He was considerably
larger than Curtis.
The evidence here closed, and the court ad-
journed until 10 O'Clock to-day.