Alexandria gazette. [volume] (Alexandria, D.C.) 1834-1974, 1885-04-28

Es~CITY SUBSCRlBERS To Inc GAZErTE VINO DO
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For the Siddle Atlantic States light rains
purtly cloudy weather, east 10 south WiLd:
becoming variable, lower barometer, sta.
tionary temperature. Fair weather is in
Dictated tomorrow with slight changes in
temperature
THE DowNEY CAsE.-On the opening oil
the Corporation Court this morning, Mr.
Leonard Marbury, Commonwealth Attor.
ney, began his closing argument in the case
Oh. Il. Downey. Indicted for the killing OF
J r. Burnett. He said that the dodge OF
the defence in offering TO submit the case
to the jury on Saturday evening last was an
cd one and the counsel on the other side
had no intention of doing what they pro.
ro,e,' He said the defence had diverged
ilom The merits of the case, and had tried
The character of the dead man Burnett in
stead Of Downey, the accused. He defended
his action in taking the case to the grand
Jury and said he felt it his duty 80 to do and
not 10 submit to the action of three men
VINO tried acquitted and set man free who
BIZ, % hours before had murdered fellow
being. He defended the character Of one Of
the witnesses who the counsel for the defense
had 80 severely attacked yesterday, and said
the &c ion Of the counsel in doing so was
wrong and cruel, and that the attack was
u"iusttiab!e aud made al u time and place
whe!, the witness could rot defend him
self. He then, in turn, criticized the
character Of the witness Arlington, and
showed his record for several years past.
He then went iuto the evidence, making
SOME good prins on his side and turning
some of those of the defence to his advant-
age, ami nace very forcible argument
for the Commonwealth. He called the
special attention of the jury to the fact that
Burnett was too drunk to make an attack
at the time he was killed, and argued TO
show that there was no necessity for the
killing He concluded his speech by asking
the jury for verdict of murder in the
second degree.
At ll.2O o'clock Mr.. Marbury concluded
his speech, when Judge French read to the
Jury his instructions, which were quite
lengthy, aud to which Mr.. Johnson noted
objections. The jury then, at 1l.45, retired
10 their room.
At 80 TIE jury came into court, and to
the question of the Clerk: Gentlemen of
the jury, have you agreed upon verdict"
the foreman, Mr.. Doggett replied I'VE
have not, but ask Instructions from the
Court az TO grades Of confinement"
The Court then read the law on the
subject, whereupon the jury again re
tired. The question by the former led
every one i'll the court room to believe
that the Jury had agreed upon a ver-
diet OF involuntary manslaughter and
wished to know the amount of the fine and
the duration of the time of Imprisonment to
be imposed. Through some misunders; and.
ing the jury returned into court at LAO, and
upon being asked if they had agreed, re-
piled that they had not. They were then
sent back TO their room, when q recess was
taken till O'Clock
Shortly after = o'clock the jury informed
the Sergeant that they bad agreed upon
verdict, whcreupon the Judge was sent for
and ul.ov his return. at 2:15, the Court re-
sumed its session, the jury in the meantime
having been brought into court. The clerk
being ab-eut temporarily, Mr.. Anthony
W. Armstrong acted in his stead, and
when he asked if the jury had agreed was
answered We hlve," aud the verdict
was handed him by the foreman. ST.
lence then rc!Yned. when Mr.. Armsti ong
read as fellows: I'VE, the jury find the
prisoner, J"hu I. Downey, guilty of invo!-
unlary manslaughter, and fix his fine at
$500"
LUG jury were lueu uiscuatSeu, Iue plis-
oner congratulated by the Judge upon his
light sentence, and the Court, at 2:45 o'clock,
adjourned, after having been engaged in the
tra! since 10 o'clock last Wednesday morn
ing.
Downey during Mr.. Marburys speech
appeared little nervous, but apparently
uncOncerned He sat next his counsel, aud
occasionally engaged in short conversations
with them. When the ury retired he
showed some little anxiety however, which
increased somewhat on their several re-
turns into court.