Alexandria gazette. [volume] (Alexandria, D.C.) 1834-1974, 1885-04-24

w. calder weather Saturday morning, winds
Lifting to westerly and northwesterly,
hIyher barometer, preceded in east portion
ty falling barometer. On Saturday the
c1d which extends over the lake region
and upper Mississippi valley will reach the
Middle Atlantic coasts. causing fall of
from 10 to 2O' in temperature.
The DowNEY CAsE.-When the Corpora
lion Court met this morning the special
y-uire of ten summoned yesterday from
Deputy Sergeant Smith, who had very
rronp,!y proceeded to that place and re-
turueL with the following named gentle
,aeu A. Buck, F. r. Fitzhugh, g. B. Pear
ION. \. W. X. Phillips, John Berry, w. L.
posgett, John Smith, II. H. Carson, W. l..
Chandler aud w. G. Coleman. Out of the
r;rs. i've names called four-A. Buck, F. r.
Filzhugh, G.. =. Pearson and John Berry
w-re obtained, which completed the panel
Of sixteen. Mr.. Marbury, for the Com
,nonwealth, then, "for cause" challenged
Ness.s John Harlow, Thos. Lannon and S.
T. Fisher, and after some questions, &C.,
lu,ye French decided that Mr. Harlow
sus Disqualified to serve, but Messrs. Fish
=, aud Lauuon were retained. Mr.. John
.oa. for te defence, than, on the score of
ID age, challenged Mr. W. w. Harper, but
Tie Judge decided that was personal priv
iiegr, wnicn the uror could only claim. On
tai7 ruling Mcssss. Harper end J. l.. Dyson
claimed rx ;Ition from service and were
excused. Mcssrs. Doggett, Smith and Car
son were then selected in their places, and
the panel was again completed. The coun-
..i for Tue prisoner then, ~ right
of privilege, struck the names of Messrs.
nh ri Prn6
the list, which left the following IS the jury
10 Try the case: r. Aitcheson, Thos Ian
nGn, p. Simpson, S. B. Fisher, French
simpson, Oscar Carter, w. ~. Herrick, +.
Il. Fltzhrsh, C. B. Pearson, w. L. Dogsett.
john Smith and HI. II. Carson. The re-
ualnder Gi the Fredericksburg venira and
the discharged jurymen were excused from
luther Attendance. The jury was then
sworn, the pri ;oner arraigned and the trial
proceeded.
Mr.. Murbury opened for the Common.
wealth stating briefly the facts in the case in
!. torcible manner He described the shoot
ing, lis cause, The condition Of the deceased
at the time, &C.; what Downey said to
friend before the shooting, &c, &c.
Mr.. J. NJ Johnson, for the prisoner, fol-
lowed, going into the details of the shoot
ing, showing diagram of the locality where
il
case in strong and lengthy speech. He
described TO the jury all the different grades
Of mansaughter, homicide, &C., quoting
authorities
After Mr.. Johnson's speech, the examina-
,iou OF Witnesses began.
d.. Jones WAS first called for the Com
lnonweaI:h. and testified that when he
r@@ched inc scene of the murder Burnett
wa> dead; The three wounds were all mortal;
there WIS quite crowd present when be
20; 10 the station house to attend the post
mnrtem examination.
Lieut.. James Smith was next called and
gave ntoul Tie same testimony as that be-
lore The examining magistrates. When he
reached he sceGe Of the murder he recog-
nizcd Philips aud Arlington, who were
lear Bur"ru's body; stopped down and
ie Burnetis pulse and found he was dead;
Arlington called to him, saying, Hes got
skne; Jahu did it in self defence" and
then came up, pickle up the knife aud
handed il 10 him; Knew Burnett to have
bad character aud nd been charged with
"al0uS offences.
Dr. X. c. Powell testified that as coroner
be held The inquest, and described the
wounds, stating bat either one would have
caused death he produced the bullets that
caused tbe death and identified the pistol
and knife US those he saw on the night OF
the killing.
K. +. Lee testified that he was standing
on The corner of Pitt and King streets on
ihe night OF The shooting, heard the shots
snd ran 10 where the body OF Burnett was
yOg struck match aud saw and recog-
med the body of Burnett; saw Arlington
aud Dowrey nearby; heard Arlington say
10 h. Smith, John did it in self defense"
ard saw him hand Lieut.. Smith the knife !;
said that before the shooting he Was called
on The street by Downey, who told him that
While at Mrrtaughs Burnett had had
some words with him; prisoner said he
WAS not prepared for fight with HIM then,
but now hs was heeled; advised EoWney
70 go home: Downey asked him i he
Nd not think it would be g1od
thing TO rid the community of such
character; Dowuey had told him Bur
nett was u id smart man and always
had law Oh his side; be advised Downey to
give Burnett wide berth; Downey told
him hot To mention the subject; heard the
sA9ts between j and 10 minutes after the
conversation Downey said he had told
Burnett innt '',Yhen we meet again let ev-
cry mai tab 9 care Of himself - ex-
llalned that at the first trial he had,
through eNcit enent, omitted some of bis
U'uie testimony; said that Immediately al
Ter the shooting Downey had denied to LIT.
imlh that he had shot Burnett; but Smith
uaa arrested him aud taken the pistol from
a'n The witness was rigidly cross exam
ueu' during which he said after the affair
ue nad been singled out and harshly crltl-
.l,ea by the friends of the prisoner; had been
O'G mat his testimony had been Ignored;
aaa wished TO see Downey after the shoot,
mae' amt said that he had told a friend OF
.pco%ney's that it would have been best
ne had done SO, and if Downey
Sssned II lie could have gone out OF
VIZ city TO have prevented testifying
against him. He did not think Downey
va; %as Very drunk the night of the shoot
NY" N.Y. During the cross exami cation there
VET "egt several "spats" between the witness
..,u' Mr.. Johnson, it being the latter's nteu-
va to break down Mr.. Lees testimony,
which, however, proved Intellectual.