Evening star. [volume] (Washington, D.C.) 1854-1972, 1894-03-03
A LIFE AT STAKE.
Arguments Today In the Shoemaker
Murder Trial.

Arguments Today I'm the Shoemaker
Murder Trial.
In the murder trial of John E. Shoe
II aker for killing Thos. E. Matthews, col
ored on the Broad Branch road September
last, in the Criminal Court Division =,
Justice Cole, this morning the arguments
were resumed. Assistant District Attorney
Levin concluded his argument yesterday.
Justice Cole this morning. before the ar
gumentS were resumed, ruled on some of
the prayers, stating that the third prayer
Of the defendant on the subject Of drunk en-
ness he had modified. Malice was necessary
to convict of murder and it may be in
ferred from the use Of the weapon, unless
1t Is rebutted by facts. Besides self-defense
the defendant pleads drunkenness. While
drunkenness is no excuse for crime. it may
be considered as to the question of malice
as to whether the case is one Of murder or
manslaughter.
If they find that he was so intoxicated
that he did not know what he was doing
II the purpose was formed when he was
drunk, when he knew what he was doing,
then the verdict should be guilty.
Mr.. ShillingtOn's Argument.
Mr.. Shillington, at 1890 o'clock, opened
his argument. speaking Of the responsibility
Of the jurors oath. and then spoke Of the
defendants actions. his purchase of gro
ceries. shoes and flannels. drinking several
bottles of beer and whisky at several
places: his meeting Matthews, toward whom
he bore no malice.
He noted that drinks were refused Shoe
maker. and he was unable to carry his box
of groceries or to walk alone. and claimed
that he was then so drunk, SO crazy. that
he did not know what he was doing. He
tod hn fon thnt vlyhn ha nhed hnv
he fell in a drunken stupor on the kitchen
floor and said that 1t went to show that he
had not the condition of mind to make him
responsible for the higher crime.
MIR. Shillington said that the district at
torney would argue that Shoemaker COM
menced the fight, but, in his opinion, 1t
was not so. Barnes said SO, and Shoe
maker denies 1t, and he then argued that
from the testimony of two men who were
also drunk, the greater crime should not
be the verdict. On the testimony of
drunken witnesses man should not be
hung. Hyson did not see the blow struck
and he was the soberest in the crowd.
Mr.. Shlllinston concluded his argument
at 11:45, and was followed by Mr.. Goode,
also on behalf of the prisoner. Both con-
tended that Shoemaker never did anything
but defend his own life in firing the fatal
shot. claiming that the defendant was too
drunk to form an intent to do murder al
though in his drunken condition he might
have imagined that the man he killed in
tended TO DO MN narm, when, IN TACT, no
such purpose existed on the part of Mat
thews. Shoemaker. they claimed. had been
shown to be peaceful man, a good hus-
band and father, who had, on the night of
the tragedy. been overcome by strong
drink.
Closing Speeches.
Mr. Goode finished his address at .
O'Clock. when District Attorney Birney be-
gan the closing argument before the jury.
He was followed by Judge Cole who was
charging the jury when The Stars report
of the case closed. 1t is expected that the
jury will receive the case this afternoon
and that a verdict will be returned today