Evening star. [volume] (Washington, D.C.) 1854-1972, 1883-06-29

THE TRIAL OF THE FOUR ALLEGED MURDERS,

In the Criminal Court, Judge Wylie, yesterday,
the trial OF Olmstead wari, Alfred Warren. Joseph
Marshall and Washington Curry, indicted for the
murder OF Joseph Greek, on November 29th last
was continued after our report closed. George
Warren testified that Washington Curry was In
the middle room when the tight was going on In
the front room. Alfred Warren, one OF the defend
ants, testified shat he and Marshall and Curry
were In the middle room. Joseph Marshall,
another defendant, corroborated the preceding
witness, and. In addition. said he saw Ward with
an axe IN his hand after the fuss had occurred.
tbs concluded the testimony.
Inc court said that there was no evidence
against Curry, but the preponderauce was In his
favor. He had grave doubts OF the guilt OF Warren
ana Marshall, but he could not say as much as to
Mr Clagett said he should make no argument,
ana District Attorney COrkhill said Mr. Caring
ton's client Curry was out OF the case.
Mr. Taggart opened for the government and
Claimed that case had been made out against
ward Mr.. Browne followed in behalf OF Ward,
anu nao not concluded when the court adjourned
ARGUMENTS TO-DAY.
This morning, on the court being convened, Mr.
A. K. Browne concluded his argument for the de-
fendant, Ward, ard District Attorney Corkhill
made the closing address.
THE COURT CHARGED THE JURY
tnat unless they believed that there was prccon.
certed action to kill Creek they could not hold all
responsible for the act OF one. There was testi-
mony that one had a chair AMI another fiat
IRON, put the only dangerous wound was that In
hicted by sharp instrument, and unless there
was evidence that they were preconcerted but one
could be held There was no evidence against
Curry, and he should not be held. The evidence
was insufficient as to the other defendants,
excepting Ward, where the case was diff
The testimony OF the phys,cians VAS that the the
blow that caused Creeks death could have been
inn:cted with an axe, and the question was who
inflicted it. He referred to Mrs Vests testimony
that the axe was not out of the kitchen aud the
testimony OF others that Ward had the axe when
creek ran from the room. They must reconcile
cusable homicide? There was no testimony 10
show that Ward was in danger OF life or injury
rnefe was evidence that quarrel was going on In
the 'front.' room, and II they believed that ard
nearing the quarrel seized the axe nd went IA md
infllcted the blow when there was no quarrel be.
and the law win not reduce the crime BELOW uT
ger. There had been Quarreling around the house
that night, some under the Influence OF liquor,
ana creek was put out and he broke in again. II,
In attempting to put Creek out. his death re.
suited the crime would have been manslaughter.
he ould Leave 1t to them to decide whether the
prisoner mad some kind OF authority and IL the
DloW was inflicted in the heat OF passion. He
SAID that he could not encourage the sentiment
that has been dwelt upon by the counsel, that the
rules OF law shall be construed difYerentIy in
murder cases than In other cases. He did not
thlnk society was to be protected that way. There
human life is precarious enough, do what we Will
he ola not know Of any circumstances that will
JUSTLY any court or jury In saying We will not
lolloW the law, but Will decide every case that
comes up according to our own IDEAS Let us ali
opey the law; that Is the way to protect society,"
ne then commented on the prayers II they had
reasonable DOUBT they should give 1t to the pris-
oner, but 1t should not be fancIful one but upOn
the evidence.
The jury retired at / :0o O'Clock,
THE VERDICT
The jury returned In one hour and fifteen min.
utes, and Mr.. A. K Browne was sent for, and he
came in at 2:20 The verdict was announced-
Ward guilty Of manslaughtar; not guilty as to the
others