Evening star. [volume] (Washington, D.C.) 1854-1972, 1880-02-26
ON TRIAL FOR LIFE.
THE MURDER OF GEO. p. HIRTH.
Trial of Bedford. Oueenan and Pinn

THE MURDER OF GEO. p. HIRTH.
Trial of Bedford, Qucenan and Pinn
The trial of the three eolored men-Joseph
NeVerson, alias Joseph or babe" Bedford, Ed
ward Queenan and Sandy Pinn-indicted for
the murder of George Philip Hirth on P street
on the evening Of January It'll last was con-
tinued in the Criminal Court, Judge Hagner,
yesterday after our report closed-District At
torney Corkhill and Assistant District Attorney
Perry for the government; Messrs. T. F. Miller,
c. Maurice Smith and John F. Riley for Pinn;
Fl. II. Wells, jr., r. Coyle and j. A. Hayward
for the other prisoners.
VIM. GAM policeman, testified that the route
from 18th and 7 streets to the scene of the muir
der, as described by johnson, he walked at an
Of fb r g uora e% s MY mne witness was
on the floor; saw Babe Bedford there, standing
one pace inside the door; Sergeant Saffell put
his hand on Bedfords shoulder and pushed him
back, and witness handed Bedford out the door.
Sergeant Saffell (recalleD testified that when
the crowd was ordered out of the drug store
Bedford fingered near the wall, and witness put
door.
W. Il. West recalled) testified that Howard
Copeland's reputation for truth Is bad. Mrs.
Hall told witness that Pinn came to her house
the night of the murder between and O'Clock.
and Bedford later. Mrs. Hall. when further
pressed, said it might have been later.
ID. 1ully tTtCdlleu) teStlu tu UlldG dDout i've
minutes after he reached Hirth's store with
Hirth's body he saw Babe Bedford there.
John w. Bailey, policeman, was sworn, and
asked the character of the house of Delete
Adams, ito Which Queenan went On the morn
ing before and the morning after the murder,]
but the court refused to allow the question.
Detective Coomes eorroborated the testimony
of Detective Acton as to conversations with
Maria and with Sarah Turner.
This closed the case in rebuttal.
The defence called in sur-rebuttal VIM. Dan
nd i'm hp dvont TON 1otr,
ago tell Mrs. Sarah Taylor in front of her house
that he knew nothing about this case. Witness
responded, 81 don't remember
Lucy Taylor testified that VIM. Dangerf1eld
said to her on Wednesday two weeks ago. In an
swer to aquestion, 81 don't know anything about
the murder, but my name is at the court house,
and am obliged to go down there,
The District Attorney said he had instructed
the witness to tell any one who asked him that
he knew nothing about the case.
Sherman EdmOnSOn cOlored. testified that
every Wednesday he drove cattle; that one We'd
nesday he was with Craig and lent Craig five
cents to ride on the street cars; that one Thur.
day he heard of Hirth's murder, but what We'd
nesday or what Thursday, it was found i'm
possible to obtain from him any definite infor-
nation.
Richard Craig recalled-Testifed that he bor-
rowed five cents from EdmonSon on the night
that Firth was murdered.
This closed the evidence.
Yesterday afternoon the jurors. with the con-
sent OF the court, were taken to the scene of the
OF places referred to in the testimony.
Sixteenth Day.
The fact that the evidence was ALI n yester-
day and that to-day it was expected the ques-
lions of law would be settled, had perceptble
effect-the miscellaneous crowd which has been
ABOUT the court room heretofore giving way for
an apparently more intelligent assemblage, in
Guiding many members Of the bar.
PRAYERS ASKED FOR BY DEFENCE.
On the court converting this morning Judge
Hagner announced his readiness to hear coun-
sci, and Mr.. Well submitted number of pray
ers. They are to the effect d) that in case Of
murder they must show generalization or mo-
tive. and 1t is encumbent on the government to
prove this; e. II any witness has sworn falsely
reject all his testimony. g. In every case there
is presumption of innocence and reputation
until the contrary is shown. ~ They cannot
convict unless they are satisfied beyond a rea-
sonable doubt. (5.) That all parties aiding or
abetting are principals, and in considering the
testimony of johnson, who was an accomplice,
they must consider his motive-his hope Of re-
ward, &C. 6.) COrroboration must be as TO the
affair itself. a. When there are several de-
PENDANTS the testimony as to one or two
was an accomplice they will acauit each one of
the accused unless he is corroborated as to each
one. t93 The testimony of an accompl1ce must
be received with caution. and must be CON
mitted and that Johnson participated in it is
not corroborative of his evidence. Oily They
must have actual corroboration as to each of
the defendants, and if only as to part Of them
then they must acquit all. Q2) The corrobora-
ton must be such as directly tends to show that
each one of the prisoners was engaged in the
preparation OF the crime; that the proof of
5ohnsons statements as to shoes, meeting
Sarah Lee. &C., are not in corroboration that
Bedford, Pinn and Queenan were engaged in
the commission Of the crime
Mr. Miller, on the part of Pinn, offered
PRAYER similar to the second one, noted above
with the exception that it declares the jury
must reject all.
This the court rejected.
MR.. PERRY. FOR THE GOVERNMENT,
submitted several propositions OF law: That it
is not necessary to show that the party struck
the fatal blow to convict him Of murder if he
was present aiding and abetting. That the bur-
den OF proof as to alibi is on the defence.
Mr.. Miller controverted this last proposition
and Mr.. Perry cited Wharton, 652, as authority
on this point.
VIEWS OF THE JUDGE
Judge Hagner said he would reject
most of the prayers offered, and proceeded to
give his views. There were three kinds of
homicide ustifiable, excusable and felonious.
The last may be manslaughter or murder, and
this must be with malice or generalization. An
intent for an instant may be generalization.
AS to reasonable doubt he read Sd Greenleaf,
section %, note 2 The legal presumption is
Websters case on this point. This doubt must
arise out of the evidence The law also pre-
sumes the good reputation of the party until it
is proved owed otherwise On the point as to John
the meaning of accomplice was "one assisting
in the crime II the fact is that Johnson was
not aiding or abetting it, he is not an Ac-
complete, but only witness, then
he is to be treated as any other witness If he is
an accomplfce there is no rule to exclude his
testimony unless corroborated as to the actual
event; but he would advise that his testimony
was not to be taken unless corrOborated on mate
rial points. The proposition of burden of proof
as to the abb raised by the government was
rejected. This was a rejection on all the prayers
OF the defendant except that In relation to the
jury rejecting all the evidence Of a witness who
swears falsely as to material fact. The defence
noted an exception to the ruling as to the
others.
PINN's PREVIOUS GOOD CHARACTER
Mr.. Miller offered prayer that the jury must
take into consideration the evidence as to Pinns
previous good character, and it was granted.
PAY OF WITNESSES FOR DEFENCE.
Mr.. Wells asked an order to pay the witnesses
for the defence, remarkfng that a number of
them had been obliged to employ parties to
work for them While they were in attendance,
and some OF them had lost their situations.
The court declined to make the order, refer
ring Mr. Wells to the brief he had presented on
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