Evening star. [volume] (Washington, D.C.) 1854-1972, 1882-11-03

he Testimony All i'm and Argument
Begun.

THE SOTELDO MURDER TRIAL.
he Testimony All i'm and Argument
| Begun.
The trial Of Augustus C. Sotedo for the murder
OF A. NJ. Soteldo on February 9th last was con-
| tinued In the Criminal Court, Judge Wylie, yes
terday after our report closei-District Attorney
Corkhill and Assistant District Attorney Taggart
Ior the government. and Messrs Robert Christy
OF New York. for defendant
The cross-examinatton Of the prisoner was con-
tinued. He denied having said that there would
be trouble aC the Republican Office. He told some
who spoke to him about the articles published
concerning his brother that his brothers day
ton. When walking that afternoon he asked his
| brother about the publication, and his brother
sald That he had never done anything to Barton,
first
TO SHOW UP THE STAR ROUTE BUSINESS.
ne thought Brady was putting Barton up to at
Upon redirect examination, the prisoner said
that the Brady his brother alluded to was called
TON Brady" the star route man. and had some
! thing to do with the Republican, at that time.
Mr.. MitchelL-We have some honored men OF
The Court-When we speak OF Brady here, there
| Is only one.
PrOceedfngS To-day.
GEN. BoYNToN RECALLED-CLosE OF THE CASE FOR
| THE DEFENSE
| With the prisoner this morning in court sat
| Mrs A. NJ Soteldo (the widow of deceased Mr. j.
| B. Clement and Mrs Clement. During the morn
| court.
Gen. Fl. v. Boynton was recalled, and testified
| that deceased was connected with several news
Mr.. Chrsty said, in answer to the district attor-
ney, that his object was to repel the idea that
Barton was the object Of Soteldo's animosity.
This was ruled out
| Witness said Soteldo had been the correspond
ent OF the Baltimore american and other papers.
| MT. CnrlSty asked II In the letters to that and
| OUner papers MT, SOtp0O had written
person In the star route matter who had the con-
| troll OF the Republican.
| This was ruled out.
| This closed the case for the defense.
TESTIMONY FOR THE GOVERNMENT IN REBUTTAL-
called in rebuttal, and testified that he saw the
deceased on the evening Of the 10th of February
| at Providence hospital.
Witness was asked whether he did not have
! conversation with deceased on that evenng-sev-
era eral hours after the visit Of Messrs- Perry and
Taggart-the object being to show that Soteldo
made different statement from that made to
| them.
The defense objected, but the court ruled that
| the evidence could be taken, and an exception was
| taken.
A. NJ soTELDo's DYING STATEMENT.
Witness resumed, stating that he went to the
hospital with DR.. Murphy, and they went with
him to see soteldo. He having mentioned that he
''Who shot me ~ witness replied that there % was
some question as to that
Mr.: R; R. Perry testified to going to Providence
hospital the day after the shooting and after con-
verslng with Soreldo, writing the statement So
teido was then filghty In his mnd-not thoroughly
| conscious He (Soteldo) said that he had seen the
pistol in Bartons hands first and then said he felt
| 1t against his neck
On cross-examinatlon, witness said he had
known deceased quite well for two years, but not
MS name. There were no notes taken In SoteIdo's
room, and the paper was written Immediately
after they came out. The paper was the Joint
production OF Mr.. Taggart and himself
BY Juror-Soteldo appeared fiighty at times.
| OTHER TESTIMONY.
John Lyons testified that he saw both OF the So
| IeiuOo on Il6 evening or the shooting g
| O'Clock. in front of the Lyon House Saw the
younger first, in company with some one, going
along street, towards 14th street; saw the older
about five minutes afterwards coming from 18th
In carriage with Tichenor; Soteldo offered his
ing against him. and witness declined to take his
hand saw the carriage in which they were in front
OF We!cker's He appeared to be under the 1ntiu-
Robert Claryoe testified that he was at the Re
publican Office after the shooting and at the hos
| pital assisted in searching the body.
Ihs closed the testimony for the government
| Mr. ChriSty for the defense, here read the artf-
Gle In the Repuo'ican OF January 18th. headed $50
| teldo and Keegan." Also, the article in the Re
Ruol,can OF February 9Th, headed "What Soteldo
| THE GOVERNMENTS PRAYERS FOR INSTRUCTIONS.
the government offered prayers for instruc-
1st. 'sMurder is the unlawful killing Of human
De1ng with malice afOrethOught; and malice
includes not only anger, hatred and revenge but
every Otner unlawful and unjuStifable motive.
"a: II the jury shall find from the evidence that
the killing OF Antonio NJ. Soteldo has been proved
as charged. then any defense which The defendant
may rely upon In reutat1on or excuse for the act,
or to reduce the killing to the grade OF man
slaughter. it is incumbent him to satisfactorily
| evidence against him. No words however aggra-
vating; no libel however defamatory. will justify
the aggrieved party in revenging himself by
blows; and no words or libellous publication. now
ever aggravated, will prejudice the right Of the
person uttering or publishing them to defend him
If the jury find from the evidence In the
present case that the deceased went to the office
| Barton was employed. actuated by animosity to-
wards and with the intent to revenge himself by
he fs upon IN saa sac Bron whom he assumed to
without any provocation there given by said Bar
Ton, make an assault upon said Barton with the
intent to take his life or do him great bodily harm
and If they further find that the defendant was
cognizant OF the motive and intent OF said de-
mand, and went to said Office in company with the
deceased and at his request for the purpose OF aid
ing ana cooperating with the deceased In said as
sault and that while the said assault was in pro-
gress drew pistol and discharged it at said Bar.
ton with the intent 60 kill do said Barton some
great bodily harm. and missing his aim inflicteda
| fendant is guilty Of murder.
81: In considering the case the Jury are not to
must they entertain such doubts as as are merely I
conJectural and ch1mericaL doubt to Justify an
s sacquittal must be reasonable, and it must arise
from candid and impartial investigation OF all
the evidence in the case; and unless it is such
that ii the same kind OF doubt were 1nterposed in
the graver transactions Of life it would cause q
prudent man to hesitate and pause; it is 1nsufi-
ciept to authorize verdict of not guilty II after
considering all the evidence you can say you have
an abiding conviction Of the truth of the charge,
| and you are satisfied beyond q reasonable doubt
you must find the defendant guilty.
MR.. TAGGARTS ARGUMENT FOR THE GOVERNMENT
Mr.. Taggart assistant district attorney, pro-
ceeded to argue the case, claiming that the tes-
ttmOny sustained the Indictment
Mr.. CHRISTY FOR DEFENSE.
Mr. Chrlsty for the defendant, followed, alludng
first to the intimacy between the prisoner and the
deceased, then to the protection OF the prisoner
90 al 1onf VII
| tton OF the memory OF the deceased, and arguing
that the dying statement was true, as also the
testimony OF the prisoner. He also claimed that
the number OF balls, the number of wounds and
| indentattons OF balls and the positions OF the
parties showed beyond doubt that the prisoner
was innocent; that he could not have fired the
fatal shot
Col Christy concluded at AS O'Clock, when 20
minutes recess was taken.
THE FRENCH GovRRNEss COMMITTED TO JAIL
Leocadie Leo DIE Pommards mi the French goyerness who
| the charge OF robbing Mr. Hercules Dousman, au
Gen. Sturgts' house at the Soldiers Home OF dia-
mr. Gil lH0 1uafc Ryo