National Republican. (Washington City (D.C.)) 1872-1888, 1880-02-11
ON TRIAL FOR LIFE.

passed before the court RECOMMENDED the delay being
occasiunCd by tho slowneSs OF the talesmcn re-
spending to their summons. 1t was l24O o'clock
before work was resumed.
Mr. Gilbert l.. Joy was examined. lie had not
formed or oppressed an opinion in the case, ana
was not opposed to capital punishment
lie was accepted. nnd this completed the panel.
Tho jury selected to try the case is rs follows:
Richard Holland (colored), Thomas j. Barclay,
Charles H. Tickling Joseph W. Arnold, winfield >
Olive, William Washington tcolorcd) Dorsey T. W..
Carter George X. Hcrrick. Thomas W. Berry
Charles r. Bruce tcolorcd) Alfred Berry (cooed)
Tho jnry as constituted Is composed Of seven
white aud five COlorCd persons
Mr.. Miller wished to know on which Indictment
Tho court said that matter Ind been settled at
the commencement of the trial. that they would be
tried under the last indictment found.
Mr.. Miller said they had pleaded to both indlct-
mcuts. and lf tried under the second, then some
disposition should be made OF the first, on which
issues were already Joined.
His Honor replied that tho trial would be under
the second indictment.
Mr.. Miller said the second indictment was null
aud void until action was taken upon the hrst
His Honor ruled that Il was not 50.
Mr. Miller noted nn exception.
Mr.. Wells then fled the following motion: And
now comes the defendants. by Their counsel and
move the court TINT the counsel Tor the Govern.
ment be compelled to elect on which particular
count Of this indictment they propose TO 20 to
Ills TIonor-Do you wish 10 DO heard on The mo.
ton Is IL the proper time 10 make it amer the
jury has been empauCledH
Mr.. Wells--Wc think so.
Ills Huuor--NCry we'll Go ahead.
Mr.. Wells thou read extracts from the six counts
in the indictment for the purpose OF showing
three sets Of charges--ouc. that Hirlh was Killed
WITH stoucs-scCOud, that he was Killed by kicks
and blows, aud third. that he was Killed IN some
manner to the Grand Jury unknown. lie asked
that the District Attorney be directed to elect on
which OF these three counts they would
go TO trial. Ho said that It was
question Of the utmost importance for them
to know what they would DO called upon to
meet. and what theory the Government Intended
TO advance 10 TO the killing. II II was 10y a stone
they wanted to know IL. II by the fist Or in some
other manner they had the right to be Informed of
tho fact, He cited Wharton OIL criminal procedure
to show In what manner indictments should be
drawn and whore lhcy become invalid. He
thought that they had the right to be Informed on
which Of the counts tho Government Intended to
50 70 trial.
Mr.. Nc,!s-Ne note an exception.
Colonel Corkhill said that he had O matter that
he wished 10 call to the attention Of the court and
did 50 With rcluCtaucc-uue of his witnesses
Mr.. MillGr--lfihgrc is 10 be anything said Of the
character indicated. We object unless all Of the
witnesses leave the courtroom.
Colonel Corkhll-This has got nothing 70 DO with
the Witnesses. one Of my WiluesScs-the young
lad sitting there pointing to boy occupying
chair near the doOrj--came TO me from his mother
Mr. WeIls-I have another objection. This is not
witness. His name Is not on the list furnished to
US
Colonel Corkhill-Yes his name is on the last
list furnished to you.
Mr. Miler-I object to ANYTHING being ,ad here
in the presence Of the jury to prejudice their
minds on the threshold Of the trial
Colonel COrkhill-l don't want to prejudice the
jury aud this Is not about the Witnesses but relates
To another matter.
Ills Honor-Perhaps, Mr. District Attorney, you
had better wait until the jury Is not present |
Will give you Gn opportunity after they leave the
court room this afternoon.
When the taking Of the testimony was finished
for the day lat 3i5 o'clock the jury was taken in
charge by the baliiis, and left the chamber. The
following took plnce!
Colonel Corkhill-1hnt young lad you SEQ there
1.-The same boy before referred to- was visited by q
gentleman at his house and asked what he knew
about tho trial. They supposed him u be one OF
the detective force, lie told what he knew. He
wus asked If the detectives or any of tho police
force had paid him any money to testify. The
boy said that they had not lie was then told thai
II he went there and sworc to liz lie would have
the penitcntiary stare him in the face as these men
| had the gallOws. He was told that the gentle
man who made this visit was Mr. Hayward. one OF
| the counsel for the defense. Tho gentleman we:
here aud could explain.
MIR. Wes-Ths Is not witness.
| Mr. Perry--Yes, he is, and his name was furnished
| to you last Friday evening.
| His Honor to Mr. Wells-Do YOU know anything
| about this mRtter2
| Mr.. Wclls-No, sir
! Mr.. Hoyward-Doos the court wish to hear from
me?
Mr.. HaywGd-Since went into this case hav,
| been lawyer, detective aud everything else In M
| efforts to lind who the real murdcrers were.
| know that the police and detectives have beoi
| using money to buy.
Ills Tonor-Never mind that It has nothing h
| DO with this matter.
Mr.. Hayward-I have used my host efforts Il
procure the propertesumony to show the innocenc
| Of these men.
His Honor-Did you visit this boy?
| Mr. Hayward-I did
His II0nor-Dld you have the conversation
stated?
| tlA upnitputiarV gTnTiuu him in the
His Hnnor-Did you not know ho was witness
| for the Government
| Mr.. HUywurd-les, sir
| His Honor-Theu must say that II Is ono Of tn
most reprehcnsiblo things l have ever known
| Why, such acts are liable To- punishment by tn
court aud action Of the Grand Jury. ! am, indeed
surprised to find a member Of the bar guilty of suc
| conduct and the only explanation can give il
TO attribute IL TO ignorance.
Colonel Corkhiii-I would Ike to have smoker
privately to Your honor about 1t, but felt that
| Mr.. MIlleT-If Your Honor pleases.
| His Honor-No; say nothing more about It nov
The court then announced that during the tria
as II would be punishment to keep the jury cor
fined longer than could possibly be avoided h
had determined 10 expedite the trial as much q
they could. The court would meet daily at
O'clock take recess Of ono hour 10 allow the jur
TO get their dinner and then sit until . o'clock i
Mr. Perry made the opening for the Government
lie said that most Of the jurors would oGsery
that the court had examined with great car
every person presented for jury duty. III
counsel for the Government made no objection
because they wanted a fair trial between tll
United States aud the prisoners al the ba
| These proceedings demonstrated the gravity OF IN
case before them, and If the youngest of theI
lived unit. his hair was frosted. he would hot iO
get the proceedings Of that day They sat, as itwer
In death room, for they were beneath the shado'
of the galOws. They were to say whether or pI
these men were to be convicted of the grave char,
made against them or to be restored 70 liberty
Upon the part OF the Government they should pie
sent the fact openly md plainly aud the jury mUi
say whether or not they proved conviction
lie did not doubt but that The defense would ioi
him IN pronOuucing this one OF the most atrOCiOu
murders ever committed. At present they merel
said their clients were not guilty, but mat Otht
parties did the act. II was u little over a mont
since this crime was committed II created eXCit
ment and great prejudice, but mother could /
brought to the court room. The Government hi
them try the case calmly and impartally, an
, render a lust YerdiCt-Oue IN accordance with III
facts This was an Indictment against the prison
ers for the killing OF George T. lirth on the nigl
of the IN of January. IT could safely bo said TN
| the deceased was at peace with his Maker He va
! a member of the church aud Christian. He wl
/ a man who expressed his belief by his acts. II
ala not give aims and parade the fact His sol
! on Fourteenth street he was told, was known
| the poor mans store From all that nc could lear
| Of the deceased he seemed to be Of quiet nstur
and not believed to have had AN enemy I'm II
| world until that fatal uight on which he met h
death. A little after o'clock on the night in que
ton Mr. Hirth took his hat and left his hOus
He went down Fourteenth street until p sire
was reached and then went toward the P-stre
circle IL was dark and raining. The heaYe
were shut ont, and Il might said that Nature, ha
T, ing some prcmunltiOn Of what was 70 occur. hi
\ her face Young lIrlh Went down that de rk sire
and soon received terrible blow. He only ha
tins 10 say, for Gods sake, BABE don't Kill me
when lac met his death. Only four men participate
! IN that act, and one Of them. utelng for God