National Republican., 1878-06-26
TIE DEFENDANTS STORY.
George c. Ellison Tcshties In His own II
half.

half.
Another day was consumed In the Criminal
Court, Justice Wylie, Yesterday, in hearing the
trial Of George c. Ellison, indicted for the
killing OF David Small, at the Capitol, on
March :, 1877. The cause has been conducted
with ability on both sides, aud the counsel were
in attendance promptly on time, ready to re-
sumo their labors. The case opened with the
effort made by the defense to prove the vio-
lent, fcrociOus, and dangerous passion and
character Of the deceased. This kind of tosti.
mony had been tcndCrcd at an earlier stage of
the trial, but was withduwn to be subse
qucntly offered when u more proper basis had
bee I established. Now, believing that such a
foundation was laid by the testimony of Eppa
Norris the offer was renewed. His Honor de-
clincd to admit 1t because he did not think
the theory Of self defense was sufficiently made
out This ruling had the effect Of materially
weakening the case Of the defendant and shut.
ting out evidence that would have become
very weighty in bcnefiting the accused. The
witnesses examined were Hon. G. VI. Adams
Clerk Of the House Of Representatives; Dr. ID.
W. Biss, DIR. J. 4. McKim: Mr. Mckeogh, J.
+. Meyers and J. G. Slater.
At the previous trial the defendant was not
competent witness in his own behalf, but
during the interim Of granting the new trial
and the hearing of the cause Congress passed
tiiy, If so disposed. Awaiting himself of this
privilege, Mr.. Ellison took the stand aud gave
HIS VERSION OF THE AFFAIR
between him and the deceased lie testified
that he resided in this city In March, 1871 and
wns chief engineer OF the House OF R2rrc.cp;- :
ativos. lie had been in that position about two
wears having hecu appointed ut the beginning
Of the Forty.fourth Congress- His duties were
the lighting, heating. vCntiatiug, and warm
ing Of the building. David Small was Il sub
ordinate under his direction at one time. aud
was the electrician. He was appointed by the
Clerk Of the House. Ills services ceased about
the latter part of March, 1876, three months
after the witness wis appointed He was about
the building pretty continuously after being
discharged, and he was informed by various
parties Of the threats Small made against him
Among the persons who told him OF these
threats were r. II. RyOn, Clinton Ellison. Al
Ian T. sherman, II. H. Hcmplcr, Harry Smith,
and John Decker Mr.. Small told the witness
the morning Of the day that lie was discharged
while butting against him, to get out of the
way, using an epithet lie always avoided
him as much as possible.
He was in his inner Office at the time tho af.
fray took place. lie was stretched out Oh
sofa perfectly fiat, lying on his back, suffering
with neuralgia. Eppa Norris came ill., re-
mainCd n moment, and then went ont. While
he WAS absent, only au instant, Small came in,
and the witness was aroused by Small throw
ing himself Violently OH the witness body
Ellison raised himself and saw Small with his
right hand IN his pocket and shaking the left,
saying, You - ola; | will have your life ;
you have been talking about me-" Ellison
answered that he had not mentioned his name
for months. Mr.. Norris then came in; Small
turned and looked at him, and the witness
jumped over his head out on to the floor. At
the same time he saw
THE BuTT OF PIsTOL
in Small's hand, and told him to 20 ont of the
room three Or four times He replied, "Iou
son of a -, you cannot frightcn me-" and
arose as If coming toward the witness. The
ax.helvc was near the desk; witness reached
around, seized it, and struck him one blow
over the head.
lie did not intend to kill hirI, but only dis.
able Small and defend him elf Small fell
down. Mr.. Norris attempted to assist him,
but he pushed him away, remarking that he
would go out. At the door;jamh he stopped,
shook his fist, used vile cpithcts, and said that
he would have 1t out yet. lie did not see
what became of the pistol, but it was not left
on the floor of the room. He never told Hen
ry Rogers that lie wanted him to swear that
b, rJrc coming down stairs Small told him that
lie was going down there to kill Ellison, aud
that he would do US much for friend. lie
never told him that he struck Small twice.
The cross examination was very thorough
and severe, but the District Attorney failed to
break the force Of the direct testimony or
cause the witness to dcviate In any material
point from his original statement.
The witnesses subsequently examined were
John X. Martin and A. 7. Sherman, and the
court adjourned.
Tie defense expect to finish their evidence
TODAY