Evening star. [volume] (Washington, D.C.) 1854-1972, 1889-01-15
THE CAR STABLE HOMICIDE.
Colbert Claims that the Shooting wa.
Accidental.


day after The Stars report closed.
Chas. B. West testified that wenzel rebuked
Colbert for not attending to business, which
led to quarrel Colbert demanded his pay
He said he saw Mr.. wenzel holding a stick
pointed at Colbert. He heard Colbert say he
would kill him, and saw him fire the shot.
Witness afterwards seized Colbert, but Colbert
threatened him, and be (witness) let go.
Witness was quite sure that Mr.. wenzel did
not tap defendant with his stick until defend
ant had threatened wenzel several times.
Witness said that Colbert was backed up
against the post.
VIM. Crawford. W. s. Ward. F. De Hughes.
and b. ID. Cuttings gave eorroborative testi-
mony.
THE Defense
Mr.. Prince, for the defendant. opened the
case for the government, claiming that the
death of Mr.. Wenzel was the result Of an acct
dent, and even had Colbert drawn and fired
the pistol il was in self-defense.
Nelson Colbert, the defendant testified that
he had made one change of horses. but had
been drinking; took half pint of whisky at
the stable and two drinks outside; laid down.
went to sleep. Mr.. Wenzel kicked him and
awoke him, and he went out and changed a
horse. Wenzel said he should not work. and
witness said it was wrong; that the old man
tapped him on the head several times. and he
kept backing back that the men told him not
TO hurt Pap" and the crowd come toward
him, and he pulled out his pistol and it went
OF. The deceased. he said. struck him several
times with the stick and drew the blood He
said he carried the pistol for the purpose Of
frightening dog that had attacked him.
Benjamin Young and VIM. Sell testified to
the dog alluded to having attacked them. and
Rev. j. w. Wells testified to the good reputa-
ton of the accused
TESTIMONY FOR THE DEFENSE TO-DAY.
The trial was resumed this morning, and tes-
timony was offered by the defendant as follows:
Campbell Darlington testified that he called
on defendant in the police station the morning
after the killing, and noticed cut or abrasion
of the skin on the left side of the head about
the size OF a quarter. On cross-examination
witness said that the skin was off, and looked
like recent wound
Geo. Washington, Frank Lofty, Chas Turner
and others testified to the good reputation of
defendant
John Colbert, father of the prisoner. testified
as to the wound on the head-an abrasion of
the skin.
Charles Turner testified that he was with de-
PENDANT on the day Of the shooting. and with
another man they drank on H street, between
l4th and 18th streets. They had half pint of
gin between them.
DIR. L. C. Loomis testified that the defend
ants reputation was excellent, but he had not
The court asked the doctor how il was that
he had kept the court waiting, stating that the
jury had been kept locked up over night, and
were anxious to get through while witnesses
were thus dilatory. He owed il TO the commu-
nifty to make an example, and imposed on the
doctor fine of 81 and costs of attachment.
Moses Wood testified as to the character Of
Colbert being good. He being one of the de-
llnquent witnesses the court imposed a fine
of 81.
In rebuttal-Charles wehausen and William
Hoover were called to testify as TO assault made
by Colbert with knife on the first named, but
the testimony was ruled out
b. l.. Benson testified TO seeing Colbert going
up the Bladensburg road with the pistol in his
hand after the shooting.
The defendant, Colbert, was recalled. and
testified that he had no recollection of the
trouble with Wehausen, but there was some
rouble between defendants uncle and Wehau-
sen. If it occurred thirteen years ago, he was
but ten years old.
THE DEFENDANT OFFERS SERIES OF PRAYERS.
This closed the evidence, and the defendant
offered a series of prayers. that to convict Of
murder the jury must find that there was de-
liberation, premeditation, and malice, and that
the prisoners mind was in a condition TO form
an intent; that if the killing was in the heat Of
passion it was manslaughter, &c.
THE ARGUMENTS
government, claiming that they had made out
a case and that the verdict they should give
was guilty as indicted"
Judge Smell. for the defendant argued that
the act was committed as the result of passion;
that the prisoners mind was in such condi-
lion that he could not form the deliberate in
tent to kill, and at most they could not find a
verdict for more than manslaughrer. He con-
Guided at 1920.
Mr.. Lipscomb followed, arguing that murder
need not be week nor a day old to make the
crime, but an instantaneous elaboration was
sufficient.
WITNESSES PUNISHED FOR NoN-ATTENDANCE.
During recess VIM Robinson and Geo. Ed
wards, witnesses for the defendant were brought
in on attachments. Robinson said he had seen
defendants counsel and supposed that they did
not want him. He was fined 20 or forty-eight
hours in Jail.
Edwards said that he went to see his en-
ployer this morning about getting off. and when
he returned it was so late that he thought he
wouldn't come at all. The judge said that this
line OF conduct could not be permitted; that
witnesses were not allowed to stay away or at
tend court as they pleased. This was a homi-
eide case in which a mans life was involved.
and especially in such cases, above others.
should the mandates of the court be obeyed
He imposed a fine of 50 or forty-eight hours in
Jail.
MR.. LIPscoMB's CLOSING ARGUMENT.
On the reassembling of the court Mr.. Lips
comb resumed his argument. He sketched the
testimony and claimed that it showed beyond
doubt that Colbert was not in the condition of
mind described. and the crime was formed
with intent. They could not look into his skull
but they could judge by his voice and actions
Us to the workings of the mind. He then in
argument of some length claimed that a case of
murder had been made out, closing at 1:5O
THE COURT CHARGED THE JURY.
stating the theories of each side. defining the
grades of homicide, and calling the jury's at
tention to the responsibility before them. adj
vising them that there was no mystery about
trials, but that their sole province was to
search for the truth, and having determined
it, put it in the form of a verdict
They retired at 2:10 o'clock.
VERDICT OF GUILTY AS INDICTED.
The jury returned in exactly half an hour,
and the court came in few minutes later, as
also the counsel. The jury, by Mr.. Sheriff,
gave the verdict guilty as indicted. The
prisoner had throughout the trial kept admira-
BILE control of his feelings, but as the word
guilty was pronounced he trembled for few
seconds, and when directed to be seated
seemed to be glad of the opportunity. The ju-
rors were polled, and each answered Guilty"
The counsel. Messrs Smell and Prince, gave
notice of motion for new trial.
RANGE OF THE THERMoMErER.-The following
were the readings at the signal offica to-da ~