Evening star. [volume] (Washington, D.C.) 1854-1972, 1882-11-01

Testimony for the Govern Mment-State.
ments OF Clarence m. Barton and
Others.

Testimony for the GOverMm Mment-State
ments OF Clarence m. Barton and
Others.
Yesterday, in the Criminal Court, Judge Wylie,
the trial of Augustus c. Soreldo for the murder OF
his brother, Antonio NJ. Sote1O, on the 9th of Feb
ruary last, was continued after our report closed
District Attorney Corkhill and Assistant District
Attorney Taggart prosecuting, and Robert Christy,
E. d. F. Brady and Peter Mitchell {of New York;
for the defendant
James w. Mitchell. barber, employed at 5O7
14th street, testified that defendant was in the
barber shop that evening (February 9th), and wit
ness heard him say "There VIII be the devil ;some-
thing to pay" Didn't know what he referred to.
Witness said: 81 wouldn't do it." Defendant ap-
peared to have been drinking
Lewis +. Se1bOd. jr, testified That on the 9th OF
last February he was employ ed at the Republican
office a reporter. Was at the Office until about
$3.50. Nothing unusual occurred up to that time
except Mr.. Barton asked him to shut the gate sep
aratlng the local and the ante-roOm. Returned to
the Office about II O'Clock and found large crowd
e eeongresatea at at the Office MI Barton had gone
as Mr.. Barton's pistol Had examined it that
morning. Knew the pistol only had four cartridges
months previous to the shooting. Saw the pistol
In Mr.. BartOn's drawer that same evening before.
Did not see it after he returned. Saw it next at
the coroner's inquest A collar was then handed
TO witness, who teStihed that he had picked 1t up
In Mr. Barton's room about O'Clock on the morn
Ing or February 10th from under the exchanges.
Bullet handed to witness, who identified it by
mark as the one he had picked up off tiO floor and
gwen to Mr.. Conger, who had locked it up in the
safe. The court adjourned until to-day. The jury
were turned over to the marshal, who took them
TO the National hotel.
Proceedings To-day.
This morning there was quite large attend
ance OF spectators in the Criminal Court room.
The prisoner sat behind his counsel in company
with his relatives-Mrs. C. NJ. Soteldo, widow of
the deceased, and Mr.. and Mrs j. b. Clement, OF
Cincinnati, Ohio, Mr.. Clement being the brother
OF Mrs. Soteldo.
TESTIMONY OF Mr. CONGER
On the opening OF the court Mr.. Frank B. Con-
ger was called, and testified that he was the
treasurer Of the Republican,; that on the night OF
February 9th he left the Ebbitt house about nine
o'clock, and going to the Office wrote letter and
went to Mr. Barton's room about 9:15 o'clock. Mr..
Barton was the managing or news editor and he
was then occupied as such. arranging the Asso-
ciated Press dispatches. Mr.. Manley was seated
at the desk opposite Mr.. Barton. Witness ex-
planned the position OF the parties.
MR.. CoNGER's ACCOUNT OF THE FATAL STRUGGLE
Witness after sitting down picked upa paper
when two men came in. one walking quite rapidly.
Barton said, ''How are you? come In take
seat" Witness got up and leaned against the
wall near the door. The one who entered first
TOOK seat, and the other was standing role
or manuscript was handed to Barton Who said:
RMS IS statement, you had better show (Or
give it to Mr.; Gorham." Barton was apparently
reading it,. don't think that he read much OF it.
and he said, N don't care for thiS' or words to
that effect. The one who was seated, and who
'.You don't. hey" and sprung at Mr.. Barton, ra,n,
cinchlng him. Barton rose from his chair and a
violent struggle ensued. Barton being pushed over
lamp was knocked toward witness, who caught
1t, and, turned to place it on the 1oor,
the scut1ls continuing and he then started to take
1t out. When he got partially through the door
saw the person standing at the end Of the desk
thinks 1t was A. c. Soteldo) with his arm at full
length, having bright revolver In his hand, and
then heard two shots In quick succession Witness
then passed down stairs and called for police and
called some OF the printers out Of the third story
another man ia. c. SoteldO) clnched ctning down
the steps head foremost, and when lhey reached
again and fought out TO the pavement, where they
were separated. Asked Barton whether he was
hurt, and he said he had ball In his head and in
the side. Witness started with Barton to a drug
store, but he complained Of weakness and he went
buck to the office. Some of the persons had hold of
A. c. Soteldo On the pavement, and he attempted
to get hold OF Barton. When they were coming
down the stairs clinched, Mr.. Barton had pistol
In his right hand-a dark handled rusty pistol
identified 1t. Witness sometime afterwards went
up to Mr. Barton'5 room; found several persons in
scuflle, was lying on the floor with bundle of
papers under his head. There were a number of
papers and other things the floor, but he picked
up none.
THE WITNESS cRoss-ExAMINED.
Cross-examined by Mr.. Christy.-When the par
ties came in MeSsrs- Barton and Manley were the
other persons present besides witness. The papers
handed to Barton appeared to be in legal cap, and
perhaps there was half dozen sheets; certainly
more than one. He held the papers In his left
hand, and his right hand could easily reach the
drawer near the east wall Saw no weapon In the
hands OF A. M: Soteldo at any time. From the
time he started to 60 out OF the room did not see
A. NJ SOJeldO and Barton till after he was down
stairs. Witness first movement, on the entrance
OF the Soteldos, was to withdraw; did not know
elther party did not hear A. c. SOteldo take any
conversation: how
many shots were fired; there was certainly two
other shots fired than the two mentioned above.
saw some manuscript which he thought was that
Soteldo brought there in the corner Of the desk in
the room, which he took down stairs and placed in
Sne saie t Dld not read the papers far enough to
Arthur Shepherd was on 1t; know that the paper
was not now in the safe; missed it short time
after 1t was placed there and before the overcoat
was returned, Witness then spoke OF the pistols,
which ne said were delivered to parties not In po
lice uniform.
TESTIMONY OF DIR. BLISS
DR.. d. W. Bliss testified to being called to see
Barton, and after, with Drs. Sewers and Stanton,
examining him, he went upstairs to,see deceased.
The witness described the wound. Afterwards, 60
Ing to see Barton and extracting the ball, found
enenT on as sde Which, II was
metallic portion OF his suspenders Witness tden-
titled the ball taken from Barton's neck. He was
present at the autopsy.
OTHER TESTIMONY.
Wm F. Dunn testified to having been in his
room when he heard the shots; ran down. and
the combatants were then on the street.
Chas. g. Conger testified that he was assistant
superintendent; that he had seen a pistol similar
10 That exhibited in the drawer of Mr.. Barton's
desk about two weeks before the occurrence
Witness then examined the pistol and one cham
Der was empty.
MR.. BARTON's TESTIMONY.
AT II :35 Mr.. C. M. Barton was sworn. Witness
testified that he was managing editor OF the
National Republican; that On the night OF Febru-
airy 9Th he was in his room sitting at his desk dn-
dicating it on the chartl in revolving chair. Mr.
Manley was in front and Mr.. F. B. Conger was to
the left While engaged in conversation heard
some one coming through the adjoining room;
saw them enter; said, "Walk In gentlemen" Mr.
Conger got up and the elder Sotedo took the chair
vacated by COnger and sat down. He had paper
In his hand ana witness said: s.If that is a card
you had better hand it to MI. Gorhamn Witness
read It, handed 1T back, saying: 81 don't care for
that" Soteldo responded: aYou DON'T d-n
youl" striking witness powerful blow. And I
graSped my pistol and we both clinched, he get
ting his hand toward his hip pocket He forced
Inc against the wall. When saw the young man
with drawn pistol, placed my pistol against
his stomach and endeavored to get 1t cecked. In
the meantime was struck in the neck and the de-
ceased fell limp at my feet, when Jumped toward
the younger one with my pistol in my hand and
endeavored to shoot. My pistol would not go on,
but his did. The ball struck my suspender (show-
Ing the metallic norton WHARF tho hall Str1ack