National Republican., 1878-11-28
THE CAPITOL HILL nURDER.
a Disagreoing Jury Locked Up for the
Night.

Night.
Yesterday vas the third and final day Of the
trial Of samuel A. Clark. charged with the
killing OF John Lee, alias Jack Cash, on last
Christmas Day, on Capitol Hill.
The counsel OIL both sides were 10 attendance.
aud the hearing opened with continuation
Of the examination Of the witnesses foi the
defendant.
George ". Riggs the banker, gave evidence
to the peaceful character Of the accused.
Robert Bruce knew Mrs Matilda Haynes.
Had seen her since tho homicide, but never
told Of the transaction.
Cross.cxamincd Witness told uer that he
saw Lee shot.
the corner OF Fourth street and Pennsylvania
avenue few days after the shooting lie saii
that he did not see anything Of II Of know
anything about II, but heard that u ga, done
in trout OF Mr.. LuxtOn's store.
This testimony wa. offered TO contradict
the evidence Of Bruce.
Hamilton Wilson Was partner with Clark
in business At the corner or Eleventh and {
streets northwest. and they opened therc On
October IL. lie gave Oficer Kcllins the hat.
II belonged to witness, and the policeman took
it away with him The pistol also belonged To
witness, lie bought and paid ior its repair
but the officer claimed that II belonged 70 him.
and carried It away.
Gross. cxamined-Th pistol was lying In 4
box in the desk at half.past four In the evening
of Christmas Day
Mrs. Sarah Hill, being recalled for the de.
fonsc, stated that she was At home all day
Christma. and Matthew Taylor was not there
during the entire day.
Mrs susan Ragan resided last Christmas
over Weidniaus confectionery store, IN front
Of which the shooting took place. She was Ia
| a back room, arranging a Christmas tree. and
Fred Schultz was with her. His three small
brothers wcrv outside, and one Of them ran IN
| and stated that a man had been shot out Oh
the pavement Fred then ran ont imms-
| diateiy.
This evidence was Introduced for the pur
pose Of rontradicting Fred Schultz, who swore
that he saw the shooting.
| MI George q Rice. a clerk In the Treasury
Department, recognized Robert Bruce lie
recolertcd the time Of the homicide. aud saw
Bruce the next day after in Luxton's cigar
store aud he said that he knew nothing about
| the case aud did not want TO he in ~.
More contradiction Of Bruccs direct testi'
mouy.l
Taylor rhplott WAS In the navy With Clark
| They shipped IN October 1875, and were
| Through The whole cruise together, The Paw
nee was pot al Key West while they were
there
CONTINUED contradiction Of Michael Robin.
son.
| rLoma. McMahou was doing business at tho
corner Of Third street and Pennsylvania avenue
cast last Christmas, and testified that the
| shooting took place in front Of tho Conicetion'
cry, The lights in his place on the corner
| were not burning a, the lime Of tho murder.
| Dennis t4llazhau gave the prisoner good
| reputation fOi peace and good order prlGi &c
this occurrence.
Ruff. Savoy knew Clark, but was no. with
him last Christmas bay and did not see hiir
on that day.
Cross.examined--Di not swear In the DIS.
Iict.Ai Aitorneys office last Friday that he passed
LuxtOus store in company with Clark at
four o'clock on Christmss Day.
| With this testimony the defense closed aud
| the evidence wa. declared all In
| District. Attorney Wells made brief open
ing for the Government and wa followed by
| Nessrs. c. Maurice Smith d"d Thomas F. Nil
Ter for the defendant, and then closed FOr TIE
prosecution.
Mr. Smith was assigned to assist Nr. Miller
in conducting the defense on the morning o
of the opening Of the present trial, and had
little time In which ~ become scguautct
with the case but he able Argument that h,
delivered showed that be bad given tho caus,
careful study aud takOn advantage Of every
point that would benefit his client His Honor
complimented him for the ability and zeal ex
hbiled IN the case. Ia fact, be praised
both of the counsel for their devotion to the
defense. Mr.. Miller appeared in tho hrst trial
fought the battle through tho general term
and secured a second trial. During the pas
three days he has worked hard and faithfully
and when IL is stated that neither Of the at
torneys received pay IOr their services, but &C
cepted the labor at the suggestion OF the court
the public will comprehend their msgnamiDi
ty, generosity, and Christian spirit
His Honor delivered briei, but most i'm
partial Chsrge-One more so II would be din
cult to give-aud at 4:25 p. IN the jury received
tho case. After deliberatiuc until eight o'clock
aud, being unable to agree, they were lockc'
up for the night.