Evening star. [volume] (Washington, D.C.) 1854-1972, 1882-11-02
THE SOTELDO MURDER TRIAL.
Testimony for the Defense To-day.


The trial Of Augustus C. Soteldo for the murder
OF A. N. Soteld0 on February eth last was re-
sumed this morning In the Criminal Court, Judge
Wylie-District Attorney CorkhiI and Assistant
District Attorney Taggart for the government and
city, and Peter MITCHELL or New York, for defend
ant
Mr.. E. D. F. Brady testified for the defense that
on the afternoon OF February 9th, about o'clock,
saw the deceased at 18th and + streets, having
previously seen him at the Lyon house, where a
sale was In progress. Deceased was partner in
the house, and the house was then in possession
| OF a receiver-Mr. HotZman.
The government objected, and an exception was
Mr.. Chrlsty asked what Soteldo said in reference
| to bringing suit
Objection sustained.
THE PISTOL IN BARToN's DRAWER
Jos. Y. Potts testified that he had been employed
on the Republican for twelve years, and occupied
a desk in The room with Mr. Barton; remembers
having seen bright or nickel-plated revolver in
Barton's drawer, probably two years ago.
BULLET MARKS ON THE WALLS.
j. B. Clement, brother-in-law of the deceased,
testified that he arrived here from Ohio on the
Sunday after the shooting; that he locked up the
clothing of deceased, and the Overcoat was not
found by him. Witness was shown the room where
the shooting occurred by Mr.. CongeT. and. DEEM
ing 1t important to know the number of Shots ex-
amined the walls, and is quite sure that he found
the mark Of one ball, and also another mark which
ne thought was made by ball. Witness was
asked, with the aid OF the diagram. to show, that
ii A C. Soteldo stood where Mr. Conger testified he
was, these indentatiOnS on the walls could not
have been made by balls from his pistol but the
of1er was ruled out, and an exception taken Wit
ness had seen the pistols, that or Sotedo being OF
W caliber-the American double actton-and he
had made an experiment with similar pistol. At
9incheS there was some scorchiny, but no powder
marks and at Is or 1ainches there was no scOrch-
ing.
Edwin Horn policeman, testified that his beat
on the night or the shooting, embraced the Repub
Hcdn Office but at the time at the station, and
he went up with his partner, and, finding that So
teldo was in the hands OF the printers, took him
in custody. and carried him to the station. Wit
ness went back, and demanded the pistols. but
they were not given to him. Subsequently learned
that they had been handed to Sergeant Johnson
On cross examination witness said that the priS-
| oner acted like he had been drinking.
RULED OUT.
Frank II. Truesdell, agent of the National Asso-
ciated Press, testified that he saw deceased the
| evening Of the shooting or the day before; had a
conversation with him.
The defense offered to show by this witness that
Mr.. SOteldO intended to take legal action, and by
showing these letters to silence the assaults upon
him, but 1t was ruled out
A PAPER MARKED WITH RED.
Miss Mary Mccarthy testified that she resided
the time they were preparing to move from Iowa
Circle to street, and some OF the furniture had
the new house, Mrs. SoteIdo and the rest OF the
| family remaining at the old house, the Repubi
can paper was regularly delivered at the house
paper containing the article attacking the de-
| ceased, marked with red, was delivered at the
house.
were no provocation for the assault II there had
been cooling time.
"a MALICIOUS LIBEL"
MI. Mitchell said that they intended to show that
the article was malicious libel, and that Mr. So
teldo was endeavorng to prevent such llbels
reaching his family, and his object was to stop the
malicious libel His idea was to show the letters
to Barton and that he deceased) could retalate IL
the publications did not cease.
admit this evidence. AS the case now stands he
could not admit it.
An exception was noted.
TESTIMONY OF THE WIDOW OF THE DECEASED
Mrs c. w. soteldo. the widow of deceaseI testi-
fed that in February they were living at "a Iowa
Circle, and were preparing to remove. Her hus-
bands furniture had been removed to the new
house, and she had advised him to go armed, as
she had been informed that it was not SAFE The
read 1t. She however, read in it an article affect
Ing her husband and she called his attention to it.
lican was subscribed for regularly.
Mr.. aoRHAM ON THE STAND.
Geo. c. GOrham, editor Of the Republican, testi-
fed that gentleman named TIchenor called on
him In reference to some papers, which witness
declined to see. 1t was manifest that he wished
witness to take notice OF some papers the publ
cation OF which would be unpleasant, and he
| suggested that he would take them to Mr. Bar
ton.
On cross.examination witness said he told the
party that he would not take any part in what
affected Barton He did not ask that card OF de-
NAL be published.
Mr.. Chrlsty here offered in evidence clipping OF
| the Republican OF February 9Th, with the article
rejecting upon the deceased, found On his person,
which the court admitted as showing the object of
the visit
THE BARTON LETTERS.
c. NJ. Barton recalled.-W1Jness produced two
papers in addition to the one produced yesterday.
The three papers are marked A, B, and c, written
apparently pa e, by one person, all on letter paper
tney were copies OF letters, one from Barton ac-
knOw1edging that he had committed crime for
which he expressed cOntrtt1On, and that SOteldO
went to the Office to tell him that he (Barton lived
In glasS-houSe, and when he went there for that
purpose ne was met by this cowardly murderer
{polnting to Mr.: Barton) and shot down. They
| that the papers were sent to the house, &c.
The court said that this was not competent ev-
1dence; II they were admitted 1t would show a
provocation to Barton. Itwas unimportant to the
jury.
The defense noted an exception.
sheets was presented to Barton and the rtUr foIs
lowed. Their object was ACCOMPLISHED by the
proof already In.
Mr.: Chrsty said they proposed to show that Mr..
Barton read the two missing papers, with the view
to saving these exceptions
llsRed sm6noena Gces telup had nee1 saS puS
for them. but the originals were not found.
Mr.. Christy.-I desire to say that subpoena was
issued.
The Court-We will have no more on that sub
ject.
Mr.. Hallet Kilbourn tof the Republican onice)
which was offered In evidence.
WHAT WAS FOUND ON THE PERSON OF THE DE-
CEASED.
George N. Smith, Of the Post, testified that he
was at the Republican Office on the night of the
afray, when Lieut.. Arnold, DR.. Bliss, MI. Allen of
the Boston Advertiser, were present Assisted In
removing some OF the effects from the deceased,
taking two knives, one slarge buck
handled one. roll OF notes and
pistol the latter being In bis pistol pocket on the
right hip. The pocket was buttoned over the
pistol. and it could not have been Withdrawn with
out unbuttoning.
Cross.examined-The pistol was removed by
him as they were shifting Mr.. SoteldO from the
floor to the mattrass There were seven two
dollar notes In the roll taken from his pockets
took nothing from the coat pockets.
Mr.. Christy made the Offer to prove by Gen.
Boynton that the deceased mad, shortly after the
shooting, said in the presence Of the district attor
ney that he did not want Mr.. Barton prosecuted
as showing that he believed that Barton fired the
shot.
The court excluded this ofIer.
A recess was here taken.
AFTER RECESS.
At one O'Clock the the court reconvened and Mr.
j. U. OMeara was called. He testified that he
was q dealer IN guns and sporting goods on E St.
near 18th, and examining the pistols said they
were or 81 and 80 caliber the smaller
->0~~