Evening star. [volume] (Washington, D.C.) 1854-1972, 1891-05-13
THE MANUFACTURER CASE,
Testimony In Behalf OF the Defendant, Nc
Clelland, Onered Today.

Clelland, OHered Today.
In the Criminal Court, Judge Bradley,
the trial of Edward L. McClelland for man
slaughter in causing the death Of John Henry
Benton by shooting him on January 20, 1880,
was resumed this morning.
The government called Oficer p. J. Hayden
of the fourth precinct, who testified that he
knew defendant and Mrs. Anna Benton.
Witness was asked if he saw defendant and
Mrs Benton at her fathers house on between
Sd and AZ streets on February Is, 1880; and, If
so, under what circumstances.
The defense objected, and being overruled
an exception was noted.
lntosh q house and these parties were there.
there was cursing and swearing and he went
IN and placed Anna Benton, Mcintosh and Nc
station.
On cross-examination witness said they were
charged.
For the defendant Henry H. Hayne testified
that ne went to the shop Of Mcintosh and
pointed out the place where the ball struck and
was denected to the window casing in the
corner, from which something had been cut.
1onn d: Mngg testified that he had seen Ben
TON ana McClelland together on the evening of
Monday preceding Christmas at It'll and D
streets southwest.
The defendant expected to show that Benton
assaulted defendant, but an objection was sus-
tanned.
Witness then commenced to relate a con-
yersation with Benton, but the government OBJ
jected.
The objection was argued at some length.
Messrs Smith and Lyons claiming that the de-
PENDANT was entitled to show threats as bearing
on his being in fear Of great bodily harm at
the time; that McClelland was endeavoring to
get out Of the room when Benton made Q
splurge at him.
The court overruled the offer, at least for the
present, and the witness stepped aside.
Mrs. X. Z. Friery, sister of the prisoner,
testified that about the time of the shooting he
was in such feeble health that be was unable to
work at his trade.
On cross-examination Mrs. Friery said she
only knew from what her brother told her that
he was boarding on It'll street. She was quite
certain from his physical condition that he was
not at work. He slept at witness house most
all the time.
Fred Decker testified that he boarded at Mrs.
Frlerys; had known McClelland four or five
years and was in the habit of seeing him fire.
qnently and knew that he was in feeble con-
dition.
John n. Mugg was recalled and testified as to
McClelland's health being bad and not strong al
any time. A. Prenput and VIM. Ellis gave
similar testimony.
VIM. c. Drury was called to testify to the
reputation of deceased, but the testimony was
not received.
After recess Mr.. Mcintosh was recalled by
the defendant and asked a series of questions
as TO Benton's actions, &C., in the shop, but on
objection he was not allowed to answer, and
exceptions were noted.
MIR. Estes was recalled and Mr.. Smith asked
TO question him as on cross-examination, but
the court ruled against it and he declined to
make him his own witness
Mr.. Mcintosh was recalled and asked if Ben
| ton short time before the shooting did not
threaten to shoot McClelland, and was told not
to answer, but he did so and in the affirmative.
The could ruled the question out and cautioned
the witness to hear better next time.
series Of similar questions were put with
like results.
The defendant, Edward ". McClelland, testi-
ned that he had resided here since ten years OF
age and was now, thirty five years old. He frs,
knew Benton some five or six years ago. He
then told the story of the homicide.
He said he believed at the time Of the shoot
ing that Benton came to the shop to kill him,
for twice before he had assaulted him and had
threatened him. and he believed that whenever
they met one or the other would be killed, and
| 1t was because he had heard SO much of Benton
threatening him that he went armed. The first
threat he heard was four weeks before and the
last the evening before the shooting.