Evening star. [volume] (Washington, D.C.) 1854-1972, 1891-05-11

Edward McClslland CHARGED with Fatally
Shooting John n. Benton

Edward McCslland CHARGED with FATALLY
Shooting John n. Benton
In the Criminal Court Judge Bradley. this
morning the first homicide case was called
during the present term. This was the case
which took place near 9TH and streets south
west over year ago, that Of Edward l. Nc
Clelland, . white man Of from thirty TO thirty
five yesrs, indicted for manslaughter in having
caused the death Of John n. Benton january
70. 1880, BY shooting him, INJECTING three
mortal wounds in the back and one in the neck.
killing him instantly.
torney Cole and his assistant, Mr.. Cagett,
stated that they were ready TO proceed with
the trial Mr.. c. Maurice Smith, who with Mr..
Lyon, appears for the defendant stated that he
was not ready TO go to trial. for he was unable
on account OF illness although he was in court
He asked that the family physician be called.
TlouBLEp WIFE HENoRRHAGEs.
Dr.. Hamilton Leach stated under oath that
McClelland's condition at best was not good
and hs vas predisposed to hemorrhsges and had
had some, and was now under his care. His
condition was improving, but he feared II he
vent 70 trial nov the building up process
would be checked and might bring on a severe
hemorrhaee. He might go through the trial
without danger, but IL would be q risk.
NJ, - - AAn.ihsuon wIlhess nsa saNise9
him ~ ~ ~ o.. s..., "a S u NJ 80,
north s.t1 y, par,n.r's Sa,n, n,, V,v;,;s 80
nue., but he could do that by taking his time.
Rs-direct-He hardly thought that be could.
ne sesaned In his own behalf, undergo .
>'"Auon.
=,
tne govstnmens called omeer fhiigste, VINO
testified TO having seen the defendant near the
National brewery depot on Thursday last and
sbeut one and one half months AGO sau him a,
work In The Police Conrt buiI5inS
Al. Redmiles testified thst he saw defendant
IN the National hrawerv demo, LAT wssL
The eoyernment claimed that the shox;nv
vaa NOT suf,icient sor . co,t;nnanca $685.
That The case vas ,ow 49, : 49, ia .ndhaS
once been nostnonsS ana tbs dsSandant Al
NO, LOOK Ike a sicL man nor had he consh.S
since the court had besn in ses.;on
Mr.. Smith said that thew aid mot desire a
Continuance but did mot want 70 trv a sicL
man.
The court aid that 70 the sbox;ro xss Cha,
the trial would endanger the life of the man he
would postnone tbe case bnt Dir Leach ala NOT
say that The trial wouid endanser life but il
might endanger him. 1t seemed to him that a
man who was able to walk out, as testified,
"v1lo De apie 10 stand tne triai.
he given them to ,ra,ora Co. tr;si sta,;,, an,
when notified by br. Leach Of the condir,on Of
the defendant they had not made prensrations
for trial. They now only asked reasonable
time that a reasonable day be fixed.
20
Inc court overruied the motion and the fol-
lowing were selected as the jury: Patrick Mann,
Lewis Horton. O. b. Butler. ]. q. Rust I.emnel
Rarnes Jobn Moh,o, ~ M w. w N
Rsrher I ol;v. V;ahnnra. v" a.
Reas r Gnlie sna Eraaa.;oL W a. eneiu'
Tba casa ~ nraraS ~, ~ 60.
stated tbst tbav apS,aeo,.S A.. se't Nno
nansIanah,a-. hatp ~ a. Plo'e Sase ol
90 the nart;es vere in The sboa sho, 80 NJ
tosh. The father ~ R.n,ons 81 y, u,
sth - . t. nc io0a'eu ~
McCIelland drew the nistol and a. "a D.
ton fell in his tracLs N' "AN DeH
Mr. Smith for the dsfordor, ss;a A., Az.
case was exceptional in that the nrinc;rai ~.
nesses for the poxarnment ,rara rw;tnaifsas g.,
the defendant The dafanse NOS lie 5@sa,, 80
that the shot was Aired as q riebt anS :, ,ra.
his duty 10 societv for him 20 80 a. E,, e
Henry Benton for he had AZ ths t;r,a ronn' %
believe that bis life ,ras +, ia,aar IL - -, "
tailed the c;rcnmst.noss .. e. nc
port of this theory -. '1p
TEE srohf OF THE SHOOTING.
Inc nrst witness was VIM L. Estes shoe
maker, who testified he worked with Mr.. Nc
Intosh st the time. had seen decsa.ea a, ,h.
r.. -. -. ''e
.nvR eisA . seu ulhes IN tne lour months he
franMan.,n So" IceielaIo tnere more
t.Ili,r ...i ~ p. nm ane Trs- benton
;n-ia~e hn, s;s 80 I;,.o Vas Mcintosh son,
on 7,h go. ~ 49,, WIN us "ne; sne hseo
frst there Mrs Renton ala ,ha coo illness was
IT, sas III Denson ui9 tne COOKING.
the relst;ons 81 tbo 1ert;as anohy as 20
in6ictmant g. ,,onppIasL,N- ~ .ns' t,e
malice Tho con-, n,,arrs,iaS a. NJ imply
Witness after STATING that uoc,.u.s