National Republican., 1878-06-21
THECxPrTOL HOMICIDE.
Second Trial Of George @. Ellison for the KILL
ing OF David small.

Second Trial Of George Q. Ellison for the KILL
Ing OF David small.
The second trial Of George G. Ellison, late
engineer of the House of Representatives, for
the killing Of David Small, at the Capitol, on
March 7th, 1877, commenced before Justice
wylie, In tho Criminal Court, yesterday morn
ing.
II will be remembered that the deceased
was at one time employed as an assistant cleo
trician at the Capitol, and was displaced for
cause. He attributed his discharge and the
unsuccessful attempts to secure reinstatement
to the opposition manifested by the defendant,
which conduct engendered an ill-will be-
tween the parties, and Small had repeatedly
declared what hc would do by way Of satisfac-
tion. On the 7th of March, tho two men met
in the enyine.room Of the House Of Represen-
tatives, the defendant. when Small entered,
was reclining on the lounge. Hard words i'm
mcdiately passed, during which the defendant
struck Small over the head with an axe.hau-
die, causing deep and serious wound. He
went to his home, lingering until March 81,
when he died.
After the afray Mr.. Ellison was arrested on
the charge of assault, taken before Judge Smell
and after being adjudged guilty, heavy fine
was imposed and paid
Subsequently, Small dying from the result
of the injuriss received, Ellison was indicted
for his murder. lie stood trial but the jury
failed to agree, standing ten for acquittal, and
two for conviction-aud now he Is being re-
tried.
The Government is represented by District
Attorney II. II. Wells, and his assistant H. IL.
Wells jr.; and the defendant by Congressman
Mayham, of New KOrk; Young, of Tennessee;
and Ellis, of Louisiana; and Colonel William
A. Cook.
There was little difficulty in securing a
jury, and the following were selected to try
the cause
Alessrs Thomas l.. Hume, Lawrence @.
Fletcher, James A. Clark, Francis Floishell,
Thornton A. Jackson, W. q. Phillips, Clement
Beckett Charles T. Yoder, q. Smith Wormley,
!. W. Shel!bauscr, Z. A. Payne, and Benjamin
Mccoy.
WHAT Is To he PROVED.
II. II. Wells, jr.. made the opening for the
prosecution, aud stated that they expected Ia
prove that the accused had previously made
threats against the life Of Small, and the as.
sault was only an attempt to carry them out
in which he succeeded. Colonel Cook, on the
other side promised to prove that Small was a
man OF incorporate habits violent passion,
and vicious disposition. Entertaining u grudgc
because he believed that Ellison obtained his
displacement from his position, he had made
| repeated threats to different parties of retalia.
tion on the defendant. These warnings were
conveyed to Ellison by his friends, and he was
cautioned to be watchful Of the man, lest some
bodily harm should bcfall him. Believing
both from his looks and actions, when Small
entered his Office on the afternoon Of March
7, that he had come to make good his threat
Ellison ordered him to leave, which he de.
c!ined doing, but, instead, advanced toward
the defendant Thinking that the assault was
pending. Ellison seized the axe.handle and
struck him blow, which they maintained
and expected to sustain by proof, was justi-
fable aud given in self.dcfcnse.
The testimony was published at length in
THE REPUBLICAN at the time of the former
trial, and its repetition is unnecessary.
Tho witness 5 examined for the Govern
mcnt were Mrs. Sarah Jane Small (wifc of tho
deceased, DIR. s b. Fisher, Dr. G. NJ. Ford,
DIR. J. Ford Thompson, DIR. J. French lIarti-
gan.
Without concluding, the court adjourned
until to-day.