National Republican. (Washington City (D.C.)) 1872-1888, 1879-10-16
SAMUEL EMERY'S TRIAL.
Evidence to Sustain the Plea of
Self-Defense.
The Testimony Closed and the Arguments to
be Made To-day-The Story Of the HON.
icide Told by Witnesses for the de-
fense-The Accused on tho
stand Judge Haguer
Explains the Law.
The Emory-Coombs Homicide.

oo'bOhs Nho llukntI
yesterday in the Criminal court. District
Attorney Wells and his son, II. II. Wells, jr.,
appeared for the Government, and Colon oil
w. A. Cook aud Mr.. A. b. Williams for the de-
PENDANT. The prosecution having closed on
the day previous the defense put in their tes-
timony.
Mr.. George F0rsythe, surveyor, testified TO
the correctness of plan of the interior of
Marble saloon, as prepared by him.
Samuel Emery. senr., father of the accused,
testified that he saw Ills son ut tho police sta
ton after the shooting; he showed the witness
some bruises on the head he put his hand on
them and noticed the swelling his hat, a stiff
round felt, had been broken through in two
or three places.
Anthony Rodier, barkceper at the saloon,
testified to being in the saloon on last Christ
mas day. lie saw Emery, Lane johnson,
Foley and others there in the evening the
only difficulty was with these parties. lie
first saw Foley and Parker in scufile and
Lane trying to pull him away; next he saw
Lane kicking Parker. Before Mr.. Callahan
reached them Emery separated the parties,
saying that he would not stand by and see two
men beat another to death. Lane said that it
was none of his business, and said &c d.
you, Sam Emery. eau lick you" lie broke
loose from his friends aud went for Emery,
aud tho latter throw Lane into the fish pond.
The witness then took hold of Emery, and as
he did so he was hit over the head with n cane
by johnson Emery said that he must protect
himself, aud drew pistol Callahan ran across
the room, saying, My God. Sam, what
are you going to do? Put that up"
They then had scufile. and while witness
went toward the bar tho shot was fired; he
did not then know any ono was shot, as his
attention was called to Parker, who had thrown
u bottle at a boy. Before the shooting and
,ftar InI,pEnn had Ia En,nr.y or
times, be drew tue pistol and stepped back
seven or eight feet before firing. johnson and
the others were pretty well intoxicated, but
the witness regarded Emery MS sober man.
Cross.eXamined-Th witness was employed
temporarily in the saloon; he was examined
at the cOroner's inquest; Emery came into the
place between 2 aud o'clock and remained
until this occurrence took place; he thought
that Coombs, Johnson and Lane entered the
saloon together about an hour before the affray;
Emery took no part in the difficulty between
Foley and Parker, but Lane did aud pulled
Foley away; when the parties got together
again Emery pulled Off Foley, and Parker
went and washed the blood off his face.
Lane, who was then in the northeast corner
Of tho room said, &c d. you; l can lick
you" Emery said that he did not come there
for fuss and did not want any; Lane broke
and went for Emery, aud they cinched; he
could not tell who struck the first blow; they
seemed TO be Simultaneous he did not know
how many blows were struck; after the two
clinched Emery threw Lane into the pool; he
then went after him, but could not reach him;
after Emery got up johnson struck him three
times while the former was backing, and fac
ing johnson; tho witness was between the two
parties until Callahan came up.
Robert Callahan, proprietor of the saloon
testified that it was about o'clock when the
disturbance commenced between Parker and
Foley. When that was over another took
place between Lane and Emery. This orig
mated from Emery's attempt to stop the fight
between Foley aud Parker. The scutlo did
not cease until after tho firing. The witness
caught Emery just as he drew his revolver. and
he was being struck at that time, the witnes.
receiving some of the blows himself When
the pistol exploded the witness held Emery's
hand which held the revolver. He saw John.
son strike Emery with a cane.
A lengthy cross-examination brought out
the same facts more in detail.
George Pearson testified that he was a bar.
keeper at the saloon at the time and saw the
fighting; there was quite d gathering about the
oystcr.box, where Emery was standing, and
vulgar remark was made to him, when he wen
toward the party. The witness went into tn,
ale cellar aud on returning saw the parties
scuAling, johnson striking Emery with a cane
aud Alr. Callahan had hold of Emery at thu
time, and they backed toward the eating. bar
when the pistol exploded. He did not So,
who had the pistol. kodier was behind thu
bar at the time.
Samuel Emery, jr., the defendant, was placed
} on the stand aud testified that he went int
the saloon between A and o'clock to see Cal
lahan. After he entered the room johnson
aud Lane came in. While in conversation h,
saw Foley knock Parker down and kick him
That was stopped, and shortly after, Parker
Foley and Lane got into disturbance. Parke
was down with his head under stool, callin
for help. The witness went over and role,
Foley and Lane Off. Foley said "You s. o
u b., l can lick you" Ho was followed b,
Lane, who came at him, and the witness thrcy
the latter into the fish pond and ducked hi
head. While doing SO he was hit over tn
head He looked up aud saw johnson with
cane, striking at him. He was struck severa
+ times, and feeling that he must defend him
self lie drew postol. That was done NOR
TO ntimidate, as he had no intention of shoot
ing. Callahan got hold Of him aud turne
} him toward the dining-room door, am
, while doing SO the pistol wont oil. II
mas then pushed into the room, AM
while there was told that man was killed
: shortly afterward he was arrested he ha
, received two scalp wounds on the hea
, and bruises on the arm from the blow
r of the cane. He, tho witness, had been usn
the pistol in the morning 10 tho yard, amusin
tho children when dressing ho laid it ON tn
bureau and thoughtlessly put it in his pocket
hc had 20 particular reason for carrying il
There WAS no cross'examination of the wit
ness.
With this testimony the defense rested
The Government called in rebuttal III
Sim johnson, who testified that the cane ex
hibited in court vas not his aud he had n
recollection OF striking Emery with a can
in the Marble saloon the cane that he la
there ho brought out with him had it witt
him at tho station.house and kept il until las
p April, when 1t was stolen it was u snail rec
> cane, with knot at the end.
The prosecution stopped here.
The counsel on both sides submitted nun
Der of prayers for the consideration of TN
court, and upon which brief arguments wer
7 made. His Honor gave the following AS th
construction Of the law:
III the jury believe from the evidence tha
! at the tine OF the shooting the prisoner wa
! being attacked by persons IN manner that
reasonable mau would believe imperilcd hi
life or threatened him with great bodil
, harmi aud that the prisoner was not the aggrei
, sor Ina that conflict; aud that he WAS endeaYoI
ing 10 escape from tho violence of the attack
anI Tor that purpose retrcated as far as I'll
nature Of the attack would allow; aud tia
Whilu under the reasonable belief that it was n,
cessary 10 do so in defense Of his life or 10 say
himself from great bodily HARM he drew tn
revolver and II was discharged while Callaha