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

;orton, north to east winds generally higher
barometer Colder fair weather will prevail to-
morrow.
THE DuwNEY TRIAL.-The trial of JOhr
II. Downev, indicted for the murder o
James II. Burnett on the night of March
20, was resumed in the Corporation Court
at 10 O'clock this morning.
The first witness called was Henry Bern
hardt, who testified that Downey and sew
eral companions came to Mr.rtaugb's res
lnuraDt where Burnett was, on the night
of the shooting and. Downey and Burnett
had some words. Burnett said Come into
the next room aud | will cut your id g
out" Downey said, "Y on are no game man
aud when we meet again be prepared
Downey and party then left, leaving Bur
nett in the restaurant, the latter very drunk
Burnett subsequently left. Witness next
saw Downey coming towards the restau
rant, and saw u man supposed to be Bur.
nett standing against tree. Witness called
Downey to nim and asked him to come in
and have no row. Downey said all right
Witness went back into the restaurant
and heard shots. Before the shooting Foley
and Beach had had some words, when Bur-
nett said they must not have 81 row when
Billy was not there. AS Burnett left to SO
would meet Downey. Burnett had been in
the restaurant from about 2 o'clock that
evening" drinking freely.
After Bernhardt's testimony the jury ex-
pressed wish to visit the scene Of the
shooting, and were put in charge of an
officer who escorted them to the place.
Upon their return the examination of wit
neSses was resumed.
J H. Young testified that he was not pre-
sent at the shooting, but hearing the shots
went TO the place; saw the body of Burnett
lying OH The ground; heard Arlington say
something about knife and then heard
him shy, "Htre it is, Jim," atthe same time
hapding Ii: Smith Il knife did not see the
knife before Arlington handed i: 20 Smith
saw Downey standing near and subsequently,
Smith arrested him knew Burnett's repu-
tation to be bad.
K. Henry Simpson stated that on the
night of the murder, he heard the shots aud
hurrying TO tie place, saw Lit. Smith and
Dowuey; later the body of Burnett heard
Smith ask Downey something; ht the
same time searching him, and heard some
one say III is all right, Johu, let him have
it then heard Smith say, Il arrest you,
Mr.. Dowuey;" stopped down and felt Bur
nett and PRONOUNCED him dead thought it
john" helped to move the body to the
platform the body was lying with the head
towards King street; would not say that
he knew Burnett TO he such a bad man.
Jas. Beach, testified that he was with
Downey on the night of the shooting in
Murtaughs. Arlington, who with Others was
there, told Foley TO hit witness, and John
will see you OUT" Folly pushed against him
when Burnett said they must not have any
trouble there; Downey asked Burnett what
in the h-l be had to do with il.
Frank NJ Moore testified Tint he was in
the restaurant when Downey and party
came in; some little row ensued, during
which Burnett asked Downey to 60 into
the back room and fight any way, even
with boxing gloves. Downey said, sd ID
if l amt getting tired of this shooting and
cutting. the next time you meet me be pre-
pared" Burnett was very drunk-drunk-
or than he ever saw him before; witness
left the place before the shooting and short.
Iy after Downey had left.
Percy Wimsatt, little white boy, testi.
fed that he was sitting in his parlor, across
the street from the restaurant; heard the
shots and ran to the window; saw Burnett
ms he fell ran across the street and saw Lit.
Smith aud two others; he saw the last shot
fired and saw tho man who fired it put
something in his pocket; the man stood
near Col. Smiths office when he saw him
hre.
Edmund Entwise testified to passing the
restaurant the night of the shooting, and
went in with Bernhardt; saw Burnett there
who was drunken than he ever saw him be-
fore.
Louis Kraft testified that he saw Downey
at his lkrat1ts) place of business on the
night of the shooting had conversation
with Downey; Downey went out and re-
turned later with Arlington and others
later in the evening beard the shots and
went to the place. saw several persons there
and was told that Downey had shot Bur-
uett. Arlington came in his place while
Downey was there and they both left to
gethsr
James Divgs was recalled by the defence
aud testified that Downey "sort of slipped
in the gutter as he fired the first shot.
l.. Marbury was then put on the stand
He testified that he heard all the evidence
of James Dggs in all of the previous trials
thought that Dggs' testimony on the second
trial was fuller than on the first, but Thought
Dir. Johnsou's cross Questions made IL SO
recollected no material difference IN the
evidence: the prisoner was released on the
nrst examination, and on ais, thF Sohimoh'
wealth's Attorneys, responsibility alone
the matter was taken up again, rs he was
convinced that the prisoner ought to have
been sent OF from the evidences e,iuced be-
fore the magistrates on the first trial Bur
nett bore rather bad character.
Brooke Adam testified that he knew
Mr.. R. F. Lee, and iecollected hearing him
talk about the trial of Dowuey heard Lee
during talk wi h several persons in Tx
Opera House restaurant, say, in reply te
some remark, THAT accounts for the dis
tinsuished magistrates ignoring my evi
dence the other day, but they will take il
the next time" witness, attaching some