Evening star. [volume] (Washington, D.C.) 1854-1972, 1880-03-13
TIE MURDER OF YOUNG HIBTH.
The Three Condemned Men.
Sentenced to be Hanged Apris s0sh
NEW AFFIDAyITS IN THE CASE.

filed by counsel, to be u I'd on the motion for
new trial These affidavits are, In brief, as fol-
lOws:-Malvina Stephens depoSeS that she lives
at 17ss street, and that on the might OF Mr..
Hirth'S murder she was looking for her husband
to come back from an errand looked at the
clock and II was haif-past SIX; went to the door
and Jennie WiIlIams' dispositions are in eorrobo-
ration of the time OF the visit Of Klmra Bailey
and Kate Dixon to their house, 1923 T street,
which she declares was near O'Clock. Hannah
Street, who lives at 1912 street, deposeS that
on January she saw a man pass along street.
past Stewards, towards Georgetown; heard thea
that four men had jumped on Mr.. Hirth.
THE PRISONERS BROUGHT INTO COURT
This morning, Judge Hagnef, having Signified
that he would hear the motions in the case, the
three prisoners were brought into Court The
fact that the case would be heard was not gen
orally Known, ard there were but few specta-
tors present. There were, however: number
ent- 1t was noticed that the prisoners had lost
their former stotcal look. Bedford most OF the
time locked down. only occasionally noticing
any one in the room. Pinn's eyes appeared
somewhat moistened and during the reading Of
the papers and the argument, he scarcely took
his eyes from the counsel or the floor. Queenan
wore rather anxious look and paid the clo.eSt
attention to the proceedings There we've pres
ent OF the prisoners counsel MeSSrS. Fl. Fl. Wells
X. Coyle and j. A. Hayward for Bedford and
Queenan, and Messrs. 7. F. Miller, G. N. Smith
and John A. Riley for Pinn; Col COrkhiil ard
MI. Perry appearing for the government
THE NOTION FOR NEW TRIAL.
At 1915 Judge Hagner called up the caSe and
Mr.. Hayward read the motion for new trial
for his clients "a very lengthy document
points OF which have been previously noticed.
He also read the motion in arrest of Judgment.
In these motions the rulings of the Court as to
sion or the non-a admission of evidence formed the
basis. Mr.. Smith did not read the motion in
arrest for Pinn, 1t being similar to that SUBJ
Intted by the other prisoners, but read the mo-
q fri hoe ain1U on IiTrr,
OF the Court as to evidence and the charge to
the jury.
MR.. WELLS COMMENCED HIS ARGUMENT,
claiming that there being a former Indictment
on which they had been arratgned pending
when this trial was entered upOn they were in
danger OF having their lives twice jeOpardtzad,
contrary to the provisions of the Con Stitution.
and the verdict YVES received after the term
December) had expired; that term not har,irg
been continued, and the government should have
electedon which count they claimed conviction
under. He then argued as to witnesses having
been allowed to testify when the prisoners had
not been furnished with their names before they
were arraigned. and claimed that that right the
prisoners had been deprived OF, citing Fosters
Crown Law, p. PAT. Tarey holds that arra'gn-
ment Is not part OF the trial, and Story that 1t
is. and other authorities are divided on the
question. He claimed that in the case of Wei
lick the Court in General Term. in 1877, de-
cided that witnesses whose names had not been
furnished defendant prior to the trial could not
testify. In this Gaze the names of Speare and
the trial, and the court had ruled that this ser
vice was not legal If not legal then how was
it legal afterwards to call them. The statute
does not say during" but 'before the trial"
He claimed that they were entitled to
a new tllal on this ground. They had
not said that they We're ready to so to trial with
Dished before the trial. Mr.. Wells then referred
to the newly discovered ev idence, and repeated
that their theory was that the blow was not in
tiicted from the rear, as claimed and testified
Johnson
of himself and other counsel as to neWly-diS-
covered evidence and a11dayitS already noticed
lofMrs. Fitch, Mrs. Melltsh), OF seeing two men
at the corner OF 18th ard streets He aimed
that these af1idayits showed that there were
men lurking there for a purpose. These men
were not the prisoners, for the ladies who made
headqual ters, and they said emphatically that
these were not the men. He submitted that
these affidayitS cast such doubt as to entitle
them TO new trial.
Mr. MILLER FOR PINN,
read the affidavit of Malyina stephens, living at
1I5S T street, that she saw Pinn go into Mrs
Halls at 615 O'Clock. He did not think that
there was a doubt Of Pinn being there at the
of Johnson that PiDn was at 18th and 7 STREETS
at 6T O'Clock. In this connection, he called
attention to JohnSon's testimony that 1t took
from 6z3 to 1925 o'clock TO go to 18th street, ard
TIE office walked over the same route In 20
minutes. He further claimed that, with the
testimony OF Da1ngerfeld and Others, that OF
witnesses for the defence prove beyond doubt
that Pinn got to Mrs. Halls at 81 o'clock. Mr..
Miller then commented on the latter part OF the
charge OF Judge Hagner.
OTHER COUNSEL FOR DEFENCE.
Mr. Hayward read the affidavit of Hannah
Street, above referred to, and be CHIN I'd that
this supported the theory of Mr.. Wells that two
men committed the murder and escaped in diff
ferent directions Mr.. H. read the affidavits OF
the Williams women col decorating the tcsti-
mony OF Kate Dixon and Elmtra Bailey as to
time
Mr. Smith called attention TO the testimony
of DR.. Schaffer as to Pinn, and said his state
ments should not have affected the Jury, be-
cause on cross examination he said he could not
say whether it was human blood or not He re-
ferred to the good character Of Pinn.
The court said he did not desire testimony ex-
cept on the question OF new testimony.
Mr.. Corkhill, referring to the affidavit OF Miss
she would have seen Capt Levy and Hirth. TIE
other testimony was merely cumulative on the
question of alibi, ana nothing new had been
shown. He held that the verdict was fully
sustained by the evidence.
Mr.. Coyle commended chat the new testimony
was 10 material point and not cumulative,
and the defence should have the benefit of 1t.
NEW TRIAL REFU.sD
Judge Hagner, after reviewing the points,
said that he did not see that any good reason
had been shown on which to grant new trial,
and he would, therefore, refuse 1t. He then
TOOK up the points seriatim, and commented eX-
uduStlftly vi tdCu Ou6, uuIlQg WHICH Cn6
prisoners paid the closest attention, as also DID
the mother of Pinn and some other women
friends Of the prisoners.
Judge Hagner concluded his review Of the
points at ~ o'clock.
Mr.. Wells said that they would except to the
ruling OF the court, especially on the motion in
arrest Of judgment.
Mr.. COrkhill moved for sentence.
WHAT THE PRISONERS SAID BEFORE SENTENCE.
The Court called the prisoners to stand up
and, addressing Pinn, who stood on the lett,
asked IL he had anything to say.
Pinn, with tears In his eyes, said: 81 think,
Judge. when you sentence men you should SEN
tence the guilty parties. The Lord In Heaven
knows am not guilty and so do some Others
Judge, but AID Innocent 81 the crime. -
3leenan.-An have to say, Judge, Is that
am innocent.
TIE THREE MEN SENTENCED TO BE HUNG
APRIL BOTH.
The Court then remarked THAT the jury had
Heard their statements and had found them
guilty. and all that remained for BIN to do WAS
to impose the sentence. The sentence OF the
Court is that you be taken hence to the jail OF
the District ana there be confined until February
the 30th Of April, between the hours OF IL n.
and p. H., within the walls OF the jail, you
shall be taken to the place prepared for
perform that duty, and hanged by the neck
until you are dead. And may the Lord have
mercy upon your SOUL"
Pinn made a desperate attempt to stide his
feelings, and succeeded, remarking, Eyes. SIR
Bedford burst into tears. Queenan also shed
some tears.
The counsel asked stay Of execution Of SEN