Evening star., 1894-03-02
Testimony Concluded in the Shoe
maker Murder Trial.
SELF DEFENSE THE CLAIM
Arguments on Prayers Made by
Counsel for Defense.
STORY OF THE CRIME

The defendant was the last person to
take the witness stand yesterday in the
Shoemaker murder trial. In reply to At
torney Shillington's questions the prisoner
spoke In a voice barely audible and 1t was
necessary for counsel and the court to re-
peatedly admonish him to speak louder.
Mr.. Shillington began to show the num-
Der Of drinks Shoemaker had taken and
IN what stage of intoxication he was on
the night of the shooting. District Attor-
ney Birney thereupon entered an objection,
claiming that intoxication is no excuse for
crime and citing a number Of authorities
in support of his point.
Mr.. Goode, for the defense, replied that
where the question of intent is involved
intoxication may properly be inquired into.
The argument was continued this morn
ing by Mr.. Goode. and after reading sew
eral authorities he said: This is a case
IN which this testimony will afford light
to the jury"
Il will hold the question open' said
Judge Cole, until instruct the jury. but
the evidence had better be admitted now,
as 1t may tend to throw light on some
other points"
Shoemaker thereupon resumed his seat
on the stand.
Claims Self-Defense.
In answer to the attorneys questions. the
on September 80 the day of the muir
der. He visited Georgetown to buy certain
goods. and while there. and on the return
trip to Tenleytown, drank a number of
glasses of beer and quantity of whisky.
When Shoemaker had told about the
shooting, Mr. Shilllngton inquired why he
fired the shot.
Matthews had threatened to kill me-"
replied the defendant. II knew he was a
bad fellow, and he had a stone and he made
at me with It,"
Did you believe that he intended to kill
you?"
Yes, sir; I did"
On cross-examination, Mr.. Birney was
very exhaustive, going into every detail
Of the shooting, and the events preceding
dwelt at length on the fact that the morn
ing after the shooting, when placed under
arrest, Shoemaker denied to officers Riley
and Hartigan all knowledge of the crime.
gave as an excuse that he was too drunk
to know what he was saying. After Illus
trating his position and that of the gun at
the moment of the shooting, Shoemaker
Judge Cole. and then retired from the stand.
The defense next called Mr.. John II. Nc
Intyre, an architect and builder. the de-
fendant's brother-in-law, and who claimed
to be well acquainted with the locality of
the shooting. Mr.. Mcintyre testified in re-
gard to certain distances, which was in
tended by the defense to rebut the evidence
Of Lucy Matthews.
Good Character.
Horace Jones. with whom Shoemaker
worked for four years. was next examined
by Mr.. shillington to show the defendants 8
reputation for peace and good order and
that Matthews was very bad character,
being a quarrelsome and dangerous man.
Philip Hume, Eugene Conner, William ].
Mullen, Charles Barnes. John F. Barnes
and John Lainhardt gave testimony in sup
port OF Shoemaker's good reputation and
against the murdered man as an orderly
citizen. AT this point, II being 1890 o'clock.
the court ordered a recess until 1:15 o'clock.
After recess Mahlon Curran testified to
the reputation of defendant being good and
that Of deceased being bad for fighting.
On croSS-examination witness said he had
heard of Shoemaker being in fight.
Witness was asked as to Matthews carry
ing weapon, but the offer was ruled out,
the court stating that the defense being
fearful of a stone the testimony as to
carrying a pistol was not admissible.
Charles r. Burrows gave similar testi-
mony, and on cross-examination said he
regarded Matthews as a dangerous man,
for he regarded any one who carried re-
volver as such.
H. b. Brewer and James E. WiJet also
testified to reputation.
Case Closed.
The colored man Hyson, who testified for
the government, was recalled and testified
that he heard no one say, well, bring me
the gun," and Hold him till get there
On cross-examination witness said he called
to Barnes that Shoemaker was coming.
John +. Barnes was recalled and testified
that ne heard no such remarks, and Hyson
called to him to let Matthews go.
BY the court-Witness said he was holding
Matthews when Hyson called to him and he
let Matthews go. Shoemaker said to de-
ceased, you call yourself a good man." and
struck him. This closed the case for the
defense.
The government announced the case
closed.
A number of prayers were submitted, and
counsel entering on a discussion of them
the jury was allowed to leave for an hour.