Alexandria gazette. [volume] (Alexandria, D.C.) 1834-1974, 1885-04-25

that he had been told that Downey shot
Burnett and at once arrested him and took
the pistol from him; recollected some little
difference in Diggs' testimony relating to
the gutter and Downeys shooting, &c. /
Julian Holt testified as to drawing
the diagram of the place of the shooting,
shown to the jury, and to measuring the
distances marked thereon.
Alphonso Arlington testified that he was
with Downey on the evening and night OF
the shooting; went to Murtaugh's with
Downey and others and found Burnett and
others there; there was some little row,
when Burnett asked Downey to come back
in the room and he would cut his g. out;
saw him with knife in his band; Downey
said he wanted to have no fight; Burnett
said he would fix Downey the next time he
saw him left Murtaugh's with Downey
and party and later went back towards the
place with Downey and Phillips, all three
abreast; when they got to the last tree saw
Burnett standing there, and as all passed he
aud Phillips spoke TO him. Burnett recog-
nized Downey aud said 81 have got knife
now, John" and something about settling it;
Burnett approached Downey with his up
lifted hand, when Downey slipped and hr-
ed !; witness ran when the shooting COM
menced; as Burnett fell saw his arm and
heard the knife drop; said, John, you did
it in self defence" Downey WAS backing
all the time; Burnett approached Downey
in ''kind of trot" all the time. On cross
examination the witness said that Burnett
said he would fight Downey in any way left
Murtaugh's and went to Krafit's after 60
ing to the Market alley; Downey went in
Ktatft's before him saw Downey talking
to Mr.. Lee; admitted he did not see Bur-
nett have q knife when he approached DOW
ney said he picked up the knife just as Lit:
Smith reached for it saw Burnett fall and
the knife was not far from his hand.
J. J. jennings testified to seeing DoWney
and friends go into Murtaugh's as he came
out; Burnett was in there very drunk.
J. II. Burns said he was with Downey on
the night of the shooting; went with Dow
ney and others to Murtaugh's and found
Burnett and others there; there was some
scuf1ling between Beach and Foley, when
Burnett stepped up and said, "What is the
matter? Ifyou want to fight come in the
back room AID I will do you up. Dow
ney said, ave did not come here to have
fuss" when Burnett said, II mean you or
any other ---;' Downey said he had
no knife; in short time left the place with
Dowuey after some time started back to
Murtaugh's, but left Downey and party al
the corner of King and Royal streets and
went to Mr.. Lunt's drug store, where he
heard The shots. On cross examination wit.
ness said he thought he heard all of the
conversation between DoWney aud Burnett
in the restaurant, but he might not have
done so; admitted that at the Coroners in
quest he might have said the reason he left
! he crowd was that be was afraid there was
going 10 be row and did not want TO be
IN it. In response to question by the
Judge the witness said that Burnett had
told Downey, when the latter told him he
had no knife, that he had better get one.
jeff Phillips testified to meeting Downey
on the night Of the shooting while the for
sner was talking to Mr.. Lee; Downey told
him to wait till he could get through talk
ing; then started with Downey, Burns and
Arlington to Mur;augh's to get drink;
Burns left them saw Burnett as they passed
him at the tree; Burnett said, "Dowuey,
have u knife, let's settle this thing" and 50
saving pushed himself from the tree; Dnw-
uey stepped back aud Burnett followe, tiu;
Downey began shooting and kept it up Till
he rea ched COL Smiths door and Burnett
fell saw the knife when Burnett fell; saw
Arlington pick UP the knife and band it TO
Lit. Saith did not see Burnett have knife
in his right hand, but saw him push himself
from the tree with his left hand; after Bur
nett FELL saw Arlington run up al pick up
a knife and hand it TO 1t. Smith heard the
knife as it fell from Burnett's band and strike
the ground
III. Nash testified as to the genera
character of Burnett.
l. NJ. Kell testified that he was pre-
sent at the Coroner's inquest when Burns
testified that he left the crowd on the night
of the shooting, fearing row could not
say Burnett was dangerous man.
r. c. Lee testified that he was pre-
sent at the Opera House restaurant, where
it is alleged Mr.. R. F. Lee made the remark
about his testimony being ignored, but re-
collected nothing oft
r. F. Lee was recalled, but was only
asked few unimportant questions relating
to his conversation at the Opera House res
taurant.
This concluded the testimony. 1t being
too late to hear the argument, the jury was
put iu charge Of the Sergeants, the prisoner
committed to Jail and Court adjourned till
Monday morning at 10 o'clock.
The trial attracted a large crowd TO the
Court room during the day.
His AWFUL Dropping ToE.-7o the Edi-
tor Of The N. y, Worid:-Will you kindly
allow me to say word in regard to the re-
cent bysica examination held at the Col
lege of The City of New York for the ap-
pointmel1t of cadets to represent Congress
man HeNitt's district at West Point and
Annapolis ? 1t was stated that only nine
out of thirty-two applicants were physical
ly sound. Judging from the cause for which
l was rejected it seems mystery to me that
any of them were physically sound" Idly
r. lection was owing to So called malform-
alton of the toe next to the largest one.
was told that my toehad tendency to grow
down, and while it did not amount to any
thing now, corn might form on it in the
future. Since this examination have COM
pared the toe in question with others toes,
and it is general opinion that my toe con-
forms to the shape of the majority of PEG
pies toes. The toe has never given me any
trouble in the past and defy any doctor 10
say it will cause me any trouble in the fu-
ture. wear proper sized shoe. Very
truly. GEORGE WooLLs.