Evening star. [volume] (Washington, D.C.) 1854-1972, 1878-03-28
The Horner Homicide.

This morning in the Criminal Court, Judge
for manslaughter. in having on the 10Th of
February last killed VIM. Horner, by throw
ing at him an iron rod the point of which en-
ney Wells with his assistant, HI. H. Wells, jr.,
appeared for the government, and Mr.. George
b. COIkhil for defendant
THE VICTIM.
This case exciteS considerable interest. the
deceased having been widely known in the
community. He had spent his entire life here,
he s was smarv Sr thirty s
and afterwards as the maker and vendor of a
patent medicine, which he claimed as pana-
eea for every known disease, and he was thus
an active local politician, and for years was a
member of the Jackson Democratic AssOcia-
ton, and although he was rather clustering
in his manner, was looked on as jolly free
hearted fellow, with scarcely care on his
mind.
THE ACCUSED,
CiaXtOn. is a quiet looking young man. 26yearS
old, He was neatly attired in black suit, and
was seated near his counsel with his wife,
1.-THE daughter OF the deceaSed,D holding in her
lap the three year old child, whose pratte it is
claimed led to the quarrel, during which Clax.
ton threw the poker at deceased There were
near him several ladies, relatives and friends.
was entered upon. n. (. combs sSRb having
court, Mr.: Corkhiil proposed to question the the
Juror further, but the court ruled that he could
bill OF exceptions. Mr.. COOmbS was acceps.
ed, as also John Silence, Jas. w. Sears, Sainl
" y: Hurdle. James B. Male, John S. Paxto H.
Coins. Mathew J. Laughln, and Lawrence
Gardner, and they were sworn
, G. J. johnson, C. c. Duncanson, T. Graham
Nyman, and Peter Mcintyre were challenged
by defendant, and Joseph Brooks by the gov
q ni"e"'' opr.,~o ,Dc,-,p-s
MIR. Wells, jr., for the government, opened
the case, stating what they expected to prove.
Mr.. COrkhill followed referring to having
been forced into the trial and calling attention
to the rule guaranteeing to the prisoner the
right of speedy trial, being construed by the
District attorney to as APPLYING to the govern
in the dock be told, BE We also ready, for We
know not" when the District attorney will
cal you After referring TO the good charac
bail was found for him, he detailed the cir.
cumstances of the killing and claimed that
when HOrner rose the poker "a curling iron,
hand.
EMMA HORNER'S TESTIMONY AS TO HER
FATHERS DEATH.
Miss Emma HOrner was called for the gov
eminent, and testified that since his marriage
lneariy five years ago. ClaxtOn lived with her
father, who was large man, weighing about
2Opounds. ClaXtOn and witness were sitting
and commenced to fuss He then asked the
little boy to take the paper next door, and the
child said Il WON'T Her father then said,
Claxton asked him what in HI he was cursing
the child for, and father then said that he was
tired of keeping him and his family. ClaxtOn
then moved from behind the stove with the
poker in his hand, and she then turned her
back. and in looking round she saw her father
on the floor, and the poker fell from his hand
See W 5hen SAID TOM ySHye killed and
n1Itn
mis- hat, and went out
OTHER TESTIMONY.
Dr. Hartigan testified to the wound and
coroner jury, that he threw the poker in
the heat of passion.
THE PRISONERS STATEMENT.
This closed the evidence for the government
and the prisoner was sworn and testified, that
on the morning in question, he came down
S ST E ABOUT O'clock and when Homer came
stove with the poker in his hand Horner
asked his daughter if she had not sold some
MEDICINE, and she replied, that she had not
ne tfen said that he had Just come from
had been bought. She then acknowledged
that he had sold one bottle, and Horner said
s she was ID liar and threatened to throw a
handed the paper to his little boy and told
him to take 1t in next door, and the boy SAYING
he wouldn't take it, Horner cursed him. Wit,
the child. HOrner said he (accused) was a
have , gone ,SS! away Witness said his his vile Vie
abuse of her father Horner said You are ca a
Cd ID liar and raised up, and he (Clax-
tom was swinging the poker in his hand when
it slipped and struck HOrner. He had nothing
landlord of the house. On crOSs-cxaminatiOn
ClaXton said that he could not have got out of
the room without passing Horner; that Hor
going to attack him; he had the cup in his
hand. He did not try to go out before the Oc-
eurrence He repeated that the poker slipped
from ms hand While swinging it, and explained
how it slipped.
OTHER TESTIMONY
Messrs. JAS Hughes, John w. Mcknight.
to the good character OF the accused.
Jas. G. McNabb and Lieut. j. F. Kelly were
called to prove that the deceased was man of
violent temper, but neither could testify that
such was the fact.
THE OPINION OF THE COURT.
The defence offered several prayers, which
were acted on by the court, and the court took
eide. Words were not a sufficient provocatiOn
for deadly assault. To cause death by a blow
would be mansaughter, and if with a deadly
cause were peculiarly distressing-the pri1.
a young man of family well connected-but
they mad duty to perform, and must hot
no doubt that after the performance of their
duty they would do whatever they could to as.
SiSt him.
Assistant District Attorney Wells, in short
argument, ..... "."a that they had made out
case under the Indictment.
MI Corkhill, for the prisoner, argued that
the testimony given by him was uncOntradict-
ed, and that the killing was entirely acct
dental.
BUILDING PERMITS issued by Inspector En-
tWlsle: Edmond Casey, raise frame dwelling,
i between 9th and 25th streets northwest:
$50. John I. Hanna, build shed, east side
of 9th street. between La. avenue and E street;
$50. w. A. Ray, repair a house, 2l26 l street
northwest; SO M. I. Foley, construct two
story brick dwelling, X, between Sd and 18th
streets northwest; $500. Thomas Lucas, re-
pair frame dwelling, 225l Pa. avenue north
west; so r. H. Spindle, repair brick dwell
ling, l529 10th street northwest; $3.50. Arch
White, repair frame building, PIG Q street
northwest; SIS. H. Tumelty, repair a brick
dwelling, 2033 III street northwest; $500. B.
Sunny. construct a twO-StOry stable, 10Th ST.,
between and X streets northwest; $i00. VIM
Crawford, construct a brick shop, Mass. ave-
nue. between 4th and 9Th streets northwest;
So. Michael Green repair a building, 5l2 9th
street northwest; 500.
THE GRAND JURY yesterday reported ac
ton on the following cases: DiSmiSSalS-Da-
yid Adams, charged with larceny; Cornelius
Carter, charged with petit larceny. Indct-
ments-Frank Servers alias Geo. Selvin, grand
larceny; Edward Martin, house BURNING:
Wood oil A6A;cnp n 10,