davidaulloa/AmericanStories huggingface dataset:
Evening star. [volume] (Washington, D.C.) 1854-1972, 1893-01-09
HIS LAST LEGAL HOPE GONE,
Decision of the Court in the Case of FIR,
Barber.

Decision of the Court in the Case of Fred.
Barber.
The apparently last legal hope of another
condemned murderer was this morning removed
when in an opinion delivered by Mr.. Justice
Hagner the Court in General Term affirmed the
decision Of the court below in the case of
Fred Barber. the colored man convicted last
October before Judge Cox of the murder Of the
colored woman Agnes Watson by throwing her
into the canal in Georgetown on the Esd OF
June, 1888.
The opinion of the court was an elaborate
one. and Judge Hagner explained that much
of the ground covered by Mr.. Justice Cox in
his opinion delivered in the Schneider case
would in the interests Of both the de-
PENDANT and the government have to be dis
cussed in the present one He then discussed
at SO me length the course pursued by the trial
court in the selection of the jury. reafirming
the decision OF the court in the Schneider case
that previously formed opinion did not dis
qualify a juror when he swore that be
could, notwithstanding that previous opinion,
render fair and impartial verdict. His honor
intimated that man must be either a hermit
or must have suddenly dropped down from
heaven who in these days Of newspaper
enterprise did not form an opinion upon
important passing events.
The contention Of the defendant in asking q
new trial upon the ground that the verdict was
against the evidence was decided to be unsup-
ported by the facts in the case. and the verdict
was declared to be fully justified.
In view Of that fact and the further fact that
no error had been made in the trial of the case
in the court below the Judgment Of that court
would be affirmed.
Evening star. [volume] (Washington, D.C.) 1854-1972, 1893-01-09
The Proper Hand Shake.

from the Boston Beacon
mo, that's no longer the STYLE" said one
girl to another, as her friend raised her arm
until the immense puff Of her velvet sleeve was
on level with her head, i've don't shake
hands in the air any more. At present this
ceremony is performed very low down; the
arm is held rather stiff and the hands meet az
near the knees AZ possible. The clasp is the
same, as is also the shake. Wait until we reach
home and I'll give You an object lesson in the
new way Of kissing" she continued
II learned it at school, but not from book,
however; our principal taught us, and she for
bade the girls to salute each other except in the
prescribed manner--that is, kiss on either
cheek. While your lips are touching your
friends right cheek hers are taking the powder
off your left, and vice versa.
Its very pretty. very foreign and dignified
aud requires time and practice in order to &C
complish ii gracefully; besides, it's more satis-
flying than hit or miss ealutatiou that alights
sometimes on the chin, sometimes on the tip Of
the nose, but which was meant to reach the
mouth"
Evening star. [volume] (Washington, D.C.) 1854-1972, 1893-01-09
The Peoples Congregational Church.

The Peoples Congregational Church, nov
worshiping at Nash's Hall, o street near 18th
street northwest, made another appeal yester.
day to raise money TO pay on their site located
on NJ street between 9th and 7th northwest
where they contemplate erecting a beautiful
church edifce 81 feet front by 124 feet I
inches deep. This church was organized
March 6, 1891, with about 235 members. Ia
membership now is between 500 and 600. Yes
terday was a grand rally day. when they real
lied s6I4.56. The Marianthus Club. which held
a fair and bazaar in the month OF December,
presented them with S27335. after which the
same club presented their pastor, Rev. ]. II.
DALEY, with life-size portrait of himself
Miss S. A. Tyler made the presentation.
Evening star. [volume] (Washington, D.C.) 1854-1972, 1893-01-09
The Aztec Club-


Saturday afternoon articles Of incorporation
were filed By the Aztec Club of ls47. The
object of the club was stated to be ''tc
cherish the memories and keep alive the tradi
tions that cluster about the names of thosc
officers of the army, navy and marine corps
who took part in the Mexican war of 1876
47-4S"
The officers for the year 1929 are: Presi
dent, Gen. Fitz John Porter, U.S.A.; vice presi
dent, Gen. Stewart Van Vliet. Us. A. secretary
Gen. Innis y. Palmer. U.S.A.: assistant secre
tary, Mark b. Hatch, Washington, ID. C..
executive committee, Gen. Lawrence p. Ora
ham, U.S.A.; Col. John ID. Wilkins. L. s. A.
Admiral Thornton A. Jenkins, L. $. N; Gen
Daniel NJ. Frost, Col Andrew J. Lindsay and
John NJ Harvey, st. Louis, NO.; Gen. james
Il. Fry, U.S.A; Col. De Lancey Floyd-Jones
L. s. A.. and Mark b. Hatch. Washington. .. c.
The club was founded in the City of Mexico
October Is, ls47.
Evening star. [volume] (Washington, D.C.) 1854-1972, 1893-01-09
The G. A. &. Bowling Tournament,

The opening of the bowling tournament of
the Columbia Athletic Club having been post
poned from the 18th to the 18th instant on ac-
count of the annual meeting of the club, as an
nounced in Saturdays STAR, the date of closing
entries has also been deferred. Entries will
remain open until IL o'clock p. m. of the 18th
instant. After the close Of the entries the
bowling committee will make up the assign
ments for the first series. There will be mailed
to each member who enters in the tournament
a printed schedule showing the dates on which
each one will bowl, the names of contestants
being arranged in groups or detachments of
six each. Bowling by the first assignment will
begin at O'Clock on the evening of the 18th
instant.
Evening star. [volume] (Washington, D.C.) 1854-1972, 1893-01-09

first question arose to the motion to quash
the indictment, as 1t contained no averment as
to the place Of the alleged crime. The caption
of the document contained the words County
OF Washington. District Of Columbia" This. he
said depended somewhat on local practice
which, he said, made that a sufficient averment
In the Guiteau case and the Sickles case the
averment as to locality made in the cap
ton
THE FIRST EXCEPTION ovERRULED.
The court therefore overruled this excep-
ton As to the objection that sufficient time
had not been allowed to prepare for the de-
fence, the judge said that the indictment was
found 18th of February and the trial set for the
It'll OF March. The record showed, he said
that all the witnesses who had cognizance of
the case were to be found in a very narrow
circle and there was no difficulty in finding
them. As TO the further objection that the state
OF the public mind was such that the prisoner
could not have fair trial. the judge said that
to ind time when public opinion would be
changed might require the postponement of a
trial indefinitely.
THE RIoHr OF CHALLENGE.
As to exceptions raised as to alleged injustice
to the prisoner in the exercise of the right of
challenge and the ruling Of the court disal-
lowing challenges the opinion cited number
OF cases. In this case the defendant had ex-
hausted his peremptory challenge before the
jury was sworn and was therefore compelled to
resort to challenges for cause. The opinion
then discussed at some length the question OF
jurors and their qualifications and their COM
petence and incompetence with respect to
opinions or impressions they had formed from
newspapers &c. He referred to the Illinois
law which provided that such an opinion would
not disqualify juror provided he stated on
oath that he could impartially consider the
testimony.
QUALIFICATIONS OF JURORS
Judge Cox read opinions to the effect that
the Constitution only required that jurors
should be impartial
The trend of judicial thought, he said, was in
Evening star. [volume] (Washington, D.C.) 1854-1972, 1893-01-09
STRANGE ApvERrrsrnrsrs.

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your own Interest ia maze Il pay you. n0
Evening star. [volume] (Washington, D.C.) 1854-1972, 1893-01-09
ANOTHER CASE REFERRED TO.

ANOTHER CASE REFERRED TO.
The court referred also to the decision in
the case of Reynolds against the United States.
in which q liberal construction was given, and
the court remarked that in these DAYS OF news
paper enterprise, when all affairs were spread
before the world, courts could not hold that
| opinions formed upon reading were disquali-
| fying opinions unless the court satisfied
| that the juror was thereby rendered a partial
! juror.
The court conceived that there were cases, Of
course, where jurors statements as to opinion
| should disqualify him For instance, if a juror
| said he had prejudice against the defendant
| or that he believed his opinion such that it
could not be removed by evidence.
NO FAULr TO BE FOUND WITH THE JURORS.
Judge Cox then reviewed the record as to
jurors in whose examination exceptions had
been based. An evidence that the trial justice
| had exercised great care and caution shown
| in the fact that he had Of his own motion dis
| charged twenty jurors who had said they had
| formed opinions which would not yield to evil
| dence. As to the other cases the answers made
| by the jurors were such to satisfy the court
| that they could intel.igently and impartially
| discharge their duties as jurors. They we're
| therefore unable to discover that there was any
| such manifest error committed by the court in
this respect to justify them overriding the
| court below. In this connection the court
4 10 tue nOIOu 10 ul5CudTSe the Jury
| after it was formed on the ground that two of
| the jurors had made remarks hostile to the de-
i PENDANT. This, he said, had been met by the
| unequivocal denial of the jurors referred to
under oath.
The court then considered the exceptions
| based on the acceptance in testimony Of the
| declarations made by Mrs. Schneider and her
sister immediately after the shooting. The
court overruled the exception.
MRS. scHNEIDER's DYING DECLARATION o.
An important exception. he said, related to
the admission Of an alleged dying declaration
by Mrs. Schneider. Exactly how immediate
must be the expectation Of death in such cases
| he said: the authorities were not clear
1t must be, he said, that the deceased must be
aware Of the mortal nature Of the injury
1 Opinions held that it enough IL 1t was salts
factorily shown that the declaration was made
under q sense Of impending death, even
II the declarant did not especially state
la belief to that effect The sur
| rounding circumstances could be taken
into consideration. The court described the
condition of the deceased in this case and
quoted her replies to the questions put by the
assistant district attorney, all showing her con.
victions that she was to die. There was nothing
stated on the day afterward to show that heI
mind had changed. 1t was the opinion Of the
court, therefore, that the so-called dying
declaration was admissible.
That part Of the charge Of the court relating
to the dying declaration had been criticised on
the ground that the court gave more weight tc
I 1t than to the testimony Of living witnesses
Evening star. [volume] (Washington, D.C.) 1854-1972, 1893-01-09

by the United States Supreme Court. The de-
Tense held that if the judge made this substitu-
ton it should have adopted all the instruction
of the Supreme Court. The court. however,
after reviewing what had been said by the
court below. held that the court had not been
in error in its instruction. The instruc-
tions granted and refused were taken up
by Judge Cox and considered in some
detail where there were exceptions. As
to the twelfth instruction asked and refused.
that each juror should be convinced of the
guilt of the accused beyond reasonable doubt,
the court remarked that there might have been
no error in granting it. There was like
wise no error in refusing it. 1t
was unnecessary, as the jurors knew
that their verdict must be unanimous. Its eff
feet if granted might be mischevous. As to
the thirteenth rejected prayer-that evidence
of the defendants desire to secure a divorce
WAS not evidence of malice hostile pur-
pose-the court said that one would con-
tend that such was the case, and that it not
good prac tice to admit instructions Of q special
character like that.
THE GENERAL CHARGE OF THE JUDGE.
There were some exceptions to references
made by the judge in its general charge, but
these exceptions were not in the opinion of the
court well taken. The most important
objections to the charge related to the
comments of the judge upon the evidence.
These related mainly to the theories of the de-
Tense as to accidental shooting and self-defense.
The judge had properly directed the attention
Of the jury to the question Of facts which
should engage their attention in view Of the
mass of testimony offered Justice Cox read
a number of authorities as to the comments Of
court upon testimony in charging jury.
In this case the judge had declared that his
suggestions were not intended to take from the
jury the consideration of the evidence. The
court could find no error in these comments of
the judge, such as would require a renewal of
the judgment The court likewise overruled
the exceptions to tho verdict not in acc ord
ance with the testimony.
THE LOWER COURTS DECISION AFFIRMED.
In closing Judge Cox said he was free to say
that in the strong presentation of the case by
the defense he had been led to doubt as to
whether or not error had not been committed.
but upon careful consideration points that
seemed to have been error PANIED out not to
have been error; other apparent errors had
been cured in the progress of the case. So the
court affirmed the judgment below.
Evening star. [volume] (Washington, D.C.) 1854-1972, 1893-01-09

JUSTICE cox READING THE DECISION.
The prayers offered on behalf of the defend
ant were next discussed, the court deciding
that the course of the court below in connec-
tion with them had been proper one.
THE JUDGE's CHARGE SUSTAINED.
The exceptions taken to the charge Of the
trial court by the defendant because it showed
as alleged by defendants counsel, bias and
was prejudicial TO the defendant. and that i,
was In the nature of an argument against him.
were decided TO be unwarranted. The court below
said Judge Cox, had at no time given the Jury
10 understand that the opinion should be made
theirs. but on the contrary had repeatedly and
emphaticslly impressed upon the minds Of the
jury that they alone were to render their YER
dict on the facts as they saw and believed
them.
QUESTIONS RAISED BIT THE EXCEPTIONS.
The record of the trial, Judge Cox said, con-
tanned between 100 and 200 exceptions. The
case had been argued exhaustively and consid
cred with much care and time by the court He
would he said. contine himself principally t.
the questions raised by the exceptions. The
Evening star. [volume] (Washington, D.C.) 1854-1972, 1893-01-09

The Young Mems Catholic Club elected tn,
following board of directors for the ensuing
year yesterday: Vim. II. McGramm, r. S
Downing. T. NJ Ring. Julian Morton. Thos
kaedy. ]. Mulquin. J. J. Mccarthy, I. Hillisrd
j. Trott and II. Nesbitt.
At business meeting of the John VI. Palmer
Democratic Club at Wormley's Hall, 17th and
II streets. Friday evening. for the election OF
officers, DIR. J. X. Riley reelected presi-
dent; W. II. Lee, vice president: j. Haskins
secretary; g. p. Gray, corresponding score
tary: Smith Wormley. treasurer: L. Amber
sergeant-at-arms; John L. Webster, assistant
sergeant-at-arms.
Evening star. [volume] (Washington, D.C.) 1854-1972, 1893-01-09
THE PHILADELPHIA COUNCIL OF PHYSICIANS
ARR COMING To WASHINGTON

The coming q Doctors Fritz and Damon the leading
members u the Philadelphia Council of Physicians.
much TO The sick and afflicted people of this
city. These the Physicians who have been per
FORMING such remarkable cures during the past few
year. AMI have built ls-e Institution in that city
Many II our people have been 10 see these gentle
men. have been treated and cured by them and they
al b-inx startling reports Of their marvellous
Nork Their power Of natural healing by MAGNETIC
touch almost Incredible and impossible Yet the
fat remains that thew actually do people Of al
mos' al manner % diseases.
They make good and h~n-fcent use Of their powers
heal they have engaged Builders Exchauge Hail.
No. sla l3ih street n W. between q and
streets where people may witness ami there in this
public place they treat the worthy poor without
money and WITHOUT prce. his also affords skeptira.
people q dognt prejudice opportunity of seeing
these cures Isrf 1rmed. all treatment u R1ven on
the lAtform fail Of the audience and no
admission fee - charged
Doctors Fritz and Damon will give their first lee
ture-C inics--at Bidders Exchange Hall. 1lg
1.3th n -. January Il az . O'Clock in the
afternoon and afternoon at the same hour until
further uotire All worthy poor will be treated free
The FhiIadelphia Council % Physicians. OF which
Doctors Fritz and n in chief. have an Office
At o. lJth street n W. where those who are
able and willing 20 pay and receive treatment
dAiI y from 10 m - IL m and again daily from
10 . .. n and from TO o'clock in the evening
aS.tf
Evening star. [volume] (Washington, D.C.) 1854-1972, 1893-01-09

Mrs Yates. wife of a Springfield. Ohio. team
stor, gave birth TO her twenty -fourth chid sat
urcay morning There are five sets - twins.
She was married at fourteen. The oldest child
IL twenty-seyen- Thirteen children are living.
Information has been received In -. Lodis
from what is considered a most authentic
source that Bishop Chatard o. Nincenu.-. Ind.
has been selected by Rome as coaijutor 10
Archbishop kendrick Of 81. Iolis.
Evening star. [volume] (Washington, D.C.) 1854-1972, 1893-01-09
Death Of Rear Admiral Mcpous.r. widow.

The many friends Of Mrs. MeDougal. widow
OF the late Rear Admiral David stockton Nc
Dougal, United States navy. will be PANIED 10
hear OF her death saturday at her residence IN
10th street in this city. Admiral McDougal
was the hero OF the naval battle ia the straits
Shmonoseki. Japan. between the Wyoming and
n Japanese fleet. which has since been charAc-
terlzed as one Of the most remarks bic engage
ments IN the history 1T our navy. lie died IN
San Francisco IN 1882. after which hi- wido~
came to Washington with her daughter. Mfs.
Van VOORHEES,. where they have since resided.
Mrs. lie Breton. another daughter. joined her .
few years since. and they have a large circle q
them in this affection.
Mrs. McDougal had endeared herself to all
with whom she came in contact by her msEy
qualities, aud few women paSs away more To-
spected and esteemed.
Evening star. [volume] (Washington, D.C.) 1854-1972, 1893-01-09

The immense plant Of the Elkland Furniture
Company and Bailey's foundry at Elkland, Pa,
were destroyed by fire Saturday night. The
fire was started by the explosion Of . lamp.
The 6remen from all the surrounding towns
were summoned to help subdue the conna-
grafton.
The clothing store Of Isaac Wolf Of Chicago
was damaged Saturday afternoon by Are.
The loss will aggregate est, 900.
The Ohio Military School at College Hill
better known as Belmont College. has suffered
several thousand dollars' damage by Are.
Evening star. [volume] (Washington, D.C.) 1854-1972, 1893-01-09

which raised really material questions would be
mentioned The question to the legality
of the jurys selection the fret one dis
cussed. and it discussed at very great length.
the position of the court below in the matter
being sustained, the court deciding that the
statement of juror that he had previously
formed an opinion did not disqualify him. pro-
vided the juror declared that he could. notwith-
standing that opinion, render fair and impair
tisl verdict. based solely upon the law and evil
dence a. given during the trial.
STATEMENTS OF MRS. SCHNEIDER AND HER SISTER.
The statements of the deceased wife and her
sister, made Immediately after the shooting,
were declared to be parts of the gests, and
hat they had been properly admitted by the
trial court.
The question raised by the defendant as to
the legality OF the diving declarations of the de-
ceased was. said Judge Cox, most important
one. but the objections made to them, said his
honor, were not good. and the dying declara-
lions were rightly admitted.
no EVIDENCE OF sELF-DEFENsE.
The theory of the defendant. that he shot in
self-defsnse, was next referred to by Judge
| Cox at some length. He said the court could
see no warrant for believing that if the de-
| ceased wife was shot BY her husband it was
life. No evidence sustained such a
belief and the ingenuity of the defendant s
counsel was responsible for it. The theory of
seif-defense was foreign to the case.
The matter Of the introduction of testimony
tending to show threats made by Frank Ham
link was dismissed with the re Fiction that no
introduction had been sufficiently laid and that
there WAS no error made by the trial court in
his ruling in the matter.
AS TO TESTIMONY OBJECTED TO.
The introduction by the government of testi-
mony of which the defense had been pre-
viously informed was sustained, because the
prosecution had the right to submit in good
faith and honesty, evidence OF which it had
discovered subsequently to the commencement
of the trial.
In the crOss-examination of the witnesses for
the defense. Ho!brook Walker and others, the
court decided that no errer had been made.
A TO the refusal of the court below to allow
the defendant TO show the condition of the alley
through which he after the shooting. the
court decided that the defendant had not been
| contradicted, and therefore there was nothing
| for the defendant to surrebut. So rs to the
number Of the defendants pistols Testimony
tending to show the bias of Frank Schneider,
the defendants brother. had been properly ad-
mitted, the court thought.
Evening star. [volume] (Washington, D.C.) 1854-1972, 1893-01-09
GRArKFUL-CoxroRrrsa
EPPss COCOA
BREAKFAST.

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Evening star. [volume] (Washington, D.C.) 1854-1972, 1893-01-09

Two men wrenched the lock off letter box
in Salt Lake, Utah. the other day. and appro-
priated an armful Of letters, among them sup
posed to be some containing drafts and checks
amounting to $50 900. A letter collector saw
them, gave chase, fired and shot one Of the
men, who fell to the ground.