Year: 1865

CRIMINAL Court, Judge Wyhe.-Yesterday.
MI. Phillips, in opening the case 70 the jury,
after speaking OF the responsibilities resting
upon them, proceeded TO recount the circum-
stances attending the commission Of this hor-
rible crime and the arrest OF the prisoner. The
last seen of the little victim before the crime
was committed was about six O'Clock on the
Path of November, when she was with a man.
About nine O'Clock she made her way back to
her home. horribly maltreated, with leg bro
ken, &c. The person who could commit such
a horrible act was a fend of the darkest die
all agreed to this: but the question with the
jury is whether the prisoner NJ the bar is that
fiend. 1t was expected TO prove that
the prisoner was in the neIghborhood Of
the house Of the victim the
scene propositions to three little girls, at
tempted TO pull up the clothes OF one. and he
was afterwards seen with the little victim. IL
was expected 10 have witnesses 10 testify that
when the prisoner returned home his pants,
shirt and hands were bloody, and when ques-
toned in reference TO It gave contradictory ac-
counts, saying hrst that he had bee butcher
ing, and then denying il, and that il came from
his wife, when they would show that 70 be i'm
possible, the wife's sickness not taking place
until four days afterwards. witnesses would
also testify that there was mud on the clothes
of the deceased, and also on the pantaloons Of
the accused, and that the mud was Of the same
kind; that when the prisoner was arrested they
found the clothes secreted, and the pants in
proeoss nf drying They vnnld aIsn he told
that the prisoner had made full and free con-
fession. If innocent acquit him. but IL guilty





penalty.


Mr. Bradley followed, referring first to the
enormity of the crime They (he and his COL
league) had some knowledge of the case, hay-
ing appeared for the prisoner when he was
brought before Judge Fisher on a writ Of
habeas corpus, by whom he had been dis
charged, and again when he was before the
magistrate, by W hom he was finally committed.
He knew that the power of the Government
bad been invoked 10 get up testimony, and
after the first discharge Of the prisoner two
energetic officers had taken mp the case. They
expected TO show that the accused presumed
70 be innocent until found guilty. on last
Thanksgiving day left his home, and coming
up town, got on frolic, and returning home
/ during the hours mentioned as those during
" hich the act must have been committed. He
was drunk at that time, and does not now re-
collect anything which happened except being
on 10th street from the time he left home until
the next morning. They would show that the
dress which the prosecution s witness would
testify TO the prisoner wearing was not the
same as the witness for the defense
would testify TO, and further would show that
at the time the crime is alleged to have been
committed, il was impossible for the prisoner TO
nave oonelt. The prosecution would attemptto
prove confession by three witnesses, one of
whom, the post ofhce stamp thief discarded
even the honor known among thieves, turned
States evidence, and his stories were not cred
tied by the Grand Jury, so the District Attor-
ney had 10 abandon il. The other two had been
convicted OF stealing and sentenced to the Peni-
tentiary, but through the eXertion of the officers
he had referred 10, they were pardoned and
brought here, but they had so little confidence
IN them they put them in Jail for safe keeping.
They would show that these two enterprising
officers expected a reward, that through their
influence the city Council did pass an act au-
thorIZlng the Mayor TO oIIer a reward, but the
Mayor refused TO sign it.


Dr. Charles ~ Ford was called and sworn for
the prosecution. Witness was called about 6x
O'Clock on the morning of November 25th last
20 the residence corner OF north IL street md
delaware avenue 10 see tLs tlegirl rOutayia
hossean Sne was in q prossrsted eeaaationb
from loss o. shlooc, her PaEtsIbsaly @actrated.
Wupess dtsetibed tke wounds. Afterwards
irtnrped at o clock with DIR. May and found
the abdomen. At O'Clock in the afternoon
found her in onvulsion; also saw her at
O'Clock in the evening, at which time she was
sinking very rapidly. Witness went to the
house next morning and ascertained that she
had died. Her death was caused by the laeer-
believes the wounds were made with blunt
instrument OF some kind: could not say If IL
penetrated the body, although the partition was
broke n down. The child was conscious at the
first visit There were some scratches ON the
face as if made by finger nails and the face was
bruised as if made by a hand held over her
mouth. Witness saw that the garments of the
accused were muddy and also the prisoners
coat after he had been arrested. Ii appeared
stained with mud on the side, but did not show
any other discoloration. Witness saw that the
chIld's shoe was half covered with manure and
noticed mud on his coat and blood stains on the
wristbands and bosom of ms shirt; the lower
part Of the shirt appeared TO have been washed
ont.


Witness was cross examined. but in the main
be confirmed the previous reports made OF his
evidence in the Sfdr.


The iurors after the adjournment, We're
taken 10 lodgings at the National