National Republican. (Washington City (D.C.)) 1872-1888, 1879-10-15
THE CHI RlSTMAS TRAGEDY.
Samuel Emery on Trial for Killing
Joseph S. CoOmbs.
A Jury Secured, aud the Evidence for tho
Prosecution All in-WItnessos Who
Cannot be Found-story of tho
Homicide Told by Eye-Wlt-
nesses--A Plea of Self
Defense, &c, SC.
The Marble Saloon Homicide.

District Attorney wells ana IL. IL. wells, Jr',
| appeared for the Government, aud Colonel
| William A. Cook and Mr.. A. b. Williams for
| the accused.
The following jury was obtained, without
much trouble to try tho case Daniel Han.
nan, Benjamin II. l.. Crowley, Thos z. Bell,
| Philip ID. Bostwick, John w. Willis, Charles IL.
| Foote, Charles b. Pearson, A. NJ Boswell, John
NJ Brown, jr.. VIM. F. Thomas, VIM. A..
| Hughes and Thomas Heinline. Assistant
Dstrict.Attorney Wells made brief opening
to the jury, reciting the circumstances of the
| killing, and that the Government expected to
| prove the prisoner had committed manslaugh'
ter. Should this be done they would ask for
a conviction at their hands.
| Edward b. Coombs, brother Of the de-
| ceased, was the first witness examined for the
| Government He had never seen the prisoner
until last Christmas. The witness, his brother
| and Mr.. Sim johnson, between 3 and 4 o'clock
| on Christmas afternoon, went into the Marble
| saloon. After they entered Mr.. johnson and
| the deceased, with two others, drank to-
| gcther. Witness started to go home and his
| brother called him back, saying that he would
| go with him in few minutes. As tbey
turned to enter the place fight was going on.
Witness wanted to stop and see it, but his
brother told him not to and took him into u lit
| tic back room, where they ordered fried oys-
| ters. As they started to como out, aud had
| reached the door, shot was fired, aud the de-
| ceased fell into witness arms. He was shot
| in the head and lived about an hour. just rs
| he was shot man ran by the door, saying,
Look out lie is going to shoot" Then came
| tho shot and the deceased fell. The witness
did not See the accused until he reached the
| station house.
T. S. Johnson, better known as Sim John
| son, testified that lie was with CoOmbs on last
| Christmas day, at the Marble Saloon between
| and O'Clock. After entering they were
Joined by Michael Foley and Michael Lane !;
met Mr.. Emery and had several drinks to-
| gether. They also met Harry Parker He
| passed the witness and remarked that he
would cut some one. Foley asked what WAS
said and witness told him. Then Foley went
| toward Parker, and the next that he saw was
the two men on the floor together. He did
not remember seeing any one until the shot
WAS fired, and then he saw a man hiding a
pistol back of the oyster bar. The witness took
| 1t away, and OIL the outside gave it to George
| Mantz.
Emmitt Bush testified that he was at the
Marble saloon with Marion 5. Eubanks, and
there was crowd of men there lie did not
see the first of the fight, but Foley had hold oil
another man punching him when the witness
went into the place. Thon the crowd gathered
about the men. After that he saw Emery
| walk from the bar and tackle the unknown
man of the first fight recognized rs Michael
Lance. They clnchcd and fought all around
the room then the pistol was fired. Emery
struck the first blow; Lane also struck
several. He saw mans head put
in the pool Of water, and saw Mr..
Emery put it there. At the time oil
the firing Callahan was behind the bar, and he
ran around and grabbed Emery's hand The pis
tol when it was fired was in Mr.. Emery's hand
He did not know where Mr.. Eubanks was, but
the last that lie heard of him was that he wa:
in Richmond
On cross-examnation witness said that as
Emery went toward Lane the latter took of
his coat and ran and grabbed Emery, who
struck Lane. and they then fought around the
room till they reached tho corner, into which
Emery backed with Lanes head under his
arm, and fired. Lane was then striking Emery
the best he could and the crowd was urging
him with cries Of "Givoit to him" &c. Some oil
them were quite drunk.
| DR.. j. +. Hartigan testified that he made the
autopsy that the pistol ball entered the head
just in front Of the left temple and made itS
exit above the right ear at higher point thar
the entrance.
Michael Foley testified that he saw bott
Emery and Coombs at the Marble saloon on las
Christmas day. They had some drinks to
gether. A man named Parker said that h,
would cut his - heart out, and the witness
knocked him down. After that WAS owe,
Emery got into fight with Lane threw hin
into the pool Of water and was ducking him
After Lane got out he went for Emery, ant
the latter fired. The witness ran and took tn,
pistol out Of Emery's hand He first put i
behind u coifee.pot and then hid it in the oys
ter counter. Lane aud Emery had hold O
each other at the time of the firing. Whel
witness asked Emery to give him the pistol
!. he replied: mo, l will shoot another son of
-" On crOss-eXaminatOn the witness sat
that he knocked Parker down twice an,
kicked him the last time. After that Lam
and Emery took up the fight. The witnes
Said that he had taken three light drinks am
! was not drunk. He had nothing to do will
tho Emery.Lane fight and was standing at tn
cigar case at the time it took place.
Michael Lane testified that he went into tn
saloon about 3 o'clock. Foley and ParlSe
were fighting, and witness separated them
They got to lighting again. Emery said some
: thing about Notwithstanding, and witness sal,
that il was lie. Emery then hit him. Ii
fell into the pond and Emery ducked him
lie got up and went out doors, and was Their
at the time of the shooting. Emery did no
have his arm about the witness at the time O
the shooting, for he went out before that witt
Mr.. Reese. Subsequently he returned an
got his coat. He did not know where Rees
was now, but heard that he was down Sout
somewhere.
VIM. H. Parker testified that he was not Il
condition, at the time Of the occurrance at th
Marble saloon, to tell now what happened there
| nelthcI ulu nc nave any fecOlltctlOn OF VIVA
happened,
William Norton testified that he was stand
ing at the drinking.bar and heard q glas
crack. He turned round aud saw Eddi
Coombs trying to get his brother, the deceased
out of the crowd, aud he took him into the lii
tic room. He then heard Lane call Emery
liar; the latter then struck the former an
threw him into the pond, and said cd
you, will drown your Lane got up aud tn
crowd gathered around. Emery then ran bacI
and pulled pistol. Some mau said Don
shoot that pistol" and the witness went ou
, the door into the area. With this witness Oh
Government closed their testimony in chief
District-Attorney Wells said that thres {
the most important witnesses for tho prosecr
tion--Eubanks Sutton and Reese-could not b
found. They had been traced through Mort
Carolina, Virginia, Baltimore and Philadolphi,
but their present whereabouts could not be a
certained.
Mr.. A. B. Williams, for the defendant, m I'D
brief opening 10 the jury, in which he prou
ised to show that the shooting was clearly a
= act Of sGlf.defense on the part of his ellen
The court then adjourned until to-day.
IMPRISONINu A TENINT