Semi-weekly Express, Terre Haute, Vigo County, 4 February 1896 — Page 2

V'-T-V

Bava fald aefi'de tMr Whittling and

l«ft

dongreas to h-andte gm-«rrtmeratlal a/fjafira w! thorn -tihefr advfoe for & towday* and ar« oOcuwfln* front seats at gUdat trtafl- They have nothing to do—nothing worrJes thom, and as Ion* jOs they oan bear chow of tobaoco now and then they will be sa/tksfled if the trial iarfts urrtrtl th« campaign opena, and Bh'rra W«1 ba somlp encouragement to: diem to leave the court house ao*S Foek tfce sooietty of the aeiVtral comsniitt«emsn-

Yeatsr'da.y more than ever the three persons a trowed the effects of the ordeaA, and it Is now apparent that they are f*etttng weary of the tony siege. Dan ICellar, maro #han the women, shows tih-e effecrSs of the 0train, and while he errlncos tto 4f%"n® of uneasiness, it is apparent (She trial 1* tailing om Ma physical screji-goh. Nn/nnte and Maggto K^llar t^a?uT&d muoh .refreshed after the day'i rssrt when court convened yeeterJ»ay rooming and ®ay they will be able to b*«r up -unfcfl the end is reactwfd, ev*n ff a takes three weeks.' The hope of acquittal nerves them, and they •are as ctoferful a* women could be under eimlknr circumstances.

Th» fact that the etata begun the in-tvcriixotil-yn of ft* expert testimony y©»-ten-dhwy !s an- indication that they ar® n-etjrtrag t)h«lr re^tlrvg point, and ft la not tbaltev^d the trial will last aa Jwi'g: as at Cut erspocted. Court oo»mfn?fict'd prcnm-ptly at 9 o'clock yesterday morning, and all the lawyers an-d wfimess^s save on-a rwere In 'their places Wheft fiba gav^L sounded.

"I DIDN'tT KILL HER."

Attorney Lamb itoonaei Witness Thomas Of Kill V*

Bride.

1 It vrsjs 6 tetany Ifrom the rtaifi. The Cross ^xatmteetlcm .-of Joe Thomas wag foot completed whlen court adjourned

SaJtarday. When llhe adjournment was taken' Mr. Lajmb

f&s

Questioning him

regarding 'Che killtn fer of the young bride ait a ehkrlvari. The fcpaotators were exipectlng somethtag sensational .wthen ({the witness Tfltfeumeti to the stand.yesterday morning ajidl they were not dls^ fuppoin'te'di—'It oame, 'fast and furious tor ^tvtille-^an-fl the ^ac!t that tlue main tor dhe 8tait» In

Ohe

trial of per

son® for the ararder ol.' a ©irl ttjus foroed too purge ihln\sol'£ of the rnuJrder of a young' TOman ^ave itho proceeding's a epiWt tlhajt was1 of eb^iorblng Interest to tlh« eensaitlon lVv'ers. Beflow Is the oo»fchmianoe of Mr. ^ihxwnias' oroas examltaar-jBo-a1

Q. There seemt3 to b« some trouble tlctween yxm em^. redo Saturday aiboui 6trrw? fen'oes. I 'vtewift Che Jutry to get the proper fide©* As you go east from Dain Keller's ihout# through his fle?ld the -fence tha.1 you come to

!te

'the fence

divWhig- Oils fleM Ltpm tote woo da paa-•fcui-e, fen't It? A. Yes, eir.

Q. And that runs rnarth and souSH, aaid Dan Kellar's

landv

runs north to the

rcnad runinitng east sond. west A.

Yes.

A. And 4s altogether 011 Dan Kellair's Jacad A. Yee, eir.

Q. The insist fence mtrmlng north ana poutih Lis tfhe fence dLvfldlng the KeTlar land f.Tom th« Alward ja® d?

A. Yea, eiT. Q. TQvose «..re :t3ie only t?svo fences ycru fwive testified about that run north amid ©ouJth

A. Yes, sir.' Q. The next fence thait you described is 'tie I'enca running east and west aiong the cminlty line road.

A. I doint remember of describing ifbait fence. Q. Bwt '["bat Is the n'ext fence. If you •vrcre gotog twv^.ards tfhe pool -the next fe-n-Of you would hare -to cross would be «he eouth fence on -the road ruramtog ea/3t aui wefit?

A. Yes, sly. Q. ^he next fence you would haive to cro^s -wooild be the nvrith fence on thiajt road.

A. Yes, sir. Cj. Now, if you would have to cross any other fence in order to get to thfe pool, g^oirsg through whait you call fhe HbJotoet. where you did the tracking, itefll th^ Jury whait fence that !e.

A. te a. fence south ot tftib hollow. Q. Whov^ land "wae (that on? A. The Shanks land. Q. Ttii« fence rumrtling "east amd west an 'the nomh pM« rf -Che road te also •itSVc Shiaaiikis Jfaaid?

A. Y««, «ir. Q. So thftit If 0 rrnim v^nit Crrrm Dam .Kc41su-*s house itihe pcfcul fn that ft•P?ctio(n he would have to cross fire l«noea?

A- Ye®, sir. Q. Now, Mr. Thomas, I want call jnour attsntlon padtiicularly to 'Che t/wp fiesnoaa" running north and eouth, thft flr&t fetrnce be4n« the one tha»t divides the Kellan- field a-ud pasture amd -Che ae(oond -f-entfi being the ono that divides itEhe Keilair psus'ture amid the Alward latfiA

A- Yes. eir. 0. I w«unt you to .teH the Jut? wih'ether Jwu munt to be understood that the oaravensa tlan with Mr. McCabe about wh-ere «. man would cross the fence with a fccv-Jv was theft rat (fence

'at

the eecoaid

fence? A. I ®n*!t 'reroermber o4 (having amy 00nrer&a/riton with Mr- McCabe^hougbt It W»i Oovr'g Hair.

Q. Whlcih fwice wes ft that ymi fdun'd th^ rabbet hallr and the blood lieast the octfnee?

A. I dddnt find any rabbit fiair an^d bljod cm e?lh«r fence. Q. Who did?

A. I don't k.now thsut there tva« awy rabhJt h&ifr found sat all. 1. •^Vtoa/t ds your Opinion ••about- It? dan't believe (tihere was.

A w-ae htima.n. hair? tdbn''t believe Et was. Wha't -was hait? It w««i tihe had* of a oow, ltv my ofunloiv 0. Qn wfo&t t&otc® was enact hair SwiiwlT pastSQo^ ^ferree between tld K$" ithd paditrre hfeaif Any pmft-

A. I dtdstft ®ay I fllfln^. 5. D}d you say stxn hmrd some ooon versajdon? 4-. Idal. wfaflwe flia fats ocmverSaitkm of

MiOifce'i

tfxuti

A. hoj^rd McOaibe speak at fhe

0. Wihart Jo yooj mean? A. I rrrwjn the fsmw fcettwrcn Ke3lair^ rapture a-nd ithe fetflla.T fleM.

Q. The Urat fence east of fhfe hoi^e? What did Tu ih«ur htm say? A. Somiething in regaird that If he was oarr?*lr.tf a. d-ead body *ov&r fhait ground he wtyuM taJc« the Jow grTund.

Q. X^idn't t)u go and look at tlhe .fenca on the low ground? A. I did not.

Q. DSdn't you and Joslah Allen go down thor* and look et that -fence? A. I t?id not.

Q. DCdn't Mr. &£oOab«? A. He did net eha-t I saw 08. Q. IX.1 you .v&tch htm? A. I was in the crowd with these.othei g-entlo-meTj.

Q. Yon remember Mr. Stansbury b«~ ics" tSiere? A. Yes, sir.

Q. iAird wihlch fence, describing It

&ot2y,

9crib»d

the west fence you de-

fwh&e ago?

A- It was tthe west fence ocmlng flrom •the o&et. Q. Yoa dhamgefl It oroundi yen called tt t)he west fenOe. [Dp you mean tha/t it w&& faffther w^st ithajn ithe A-lwaipd feaoa ana east of the CKeMar Jjouse?

A. Yee, ^r. ./ 3. (But ftt fa ^"lMs'"f«BPoef? A. Yes, eft". Q. In ortiher words it is Che -fence dY* vtdtng fhe K^Lkur field irom the KeTJar paetune?

A. Yea, sir. -i Q. And Isn't that tihfc fence fha-t Mr. iMcCa-be werat flo•mn alftorwaar4p and examined?

A. If he exumlned €hat fence I have no recoUetTtron of Ik Q. isn't that tlho .fence Chart the efm-» vewseHlon took plao6 at?

A. Ye«, Clr, Tihat te thg fence I heated tMr. M?Oabe eay "l^ou* carrying tihe body.

Q. Tell the Jtiry hi' feet, e« well as yro taiow, how fclfch that ifwrce was from wihlch you took thoe-c^ bloolcs?

A. My (rewttleCttoJi Is, &a3S the oOh«r day, It la two and one-half feet or tmore,

Q. WMihou)t reference with what you eaid the other day, wfoa/t was the height of that fence?

A. 1 •WOOIIkI cay the same thltig agaJti. Q. Wasn't It at least threfc feet higih? A. It mlgthft have ibeenv Q. OEIaw high fis that table (potnftlng to table)?

A- It

three ett 5r tnor£.

Q. Which was tihfe higher, thM f€nce or the table? A. The table.

Q. How imuch hlghfef thah th6 -f6nc£ ft th^rt itable? 1/-r A. I could not say. (Give (jh« iuiry y^fUf b«st judgmfet about dt.

A. I «aM the fence wa« ^w^i»d haIT feet or m-ore, probably three. Q. Aawl tshe taibl«, ytm 'Jpigefi feet or more? There wasn't much kfjf-' tferenoe In trhe fence and the'_tia/ble? iChe fenoe was two and owe-half teet or mora and' tBw tab!# about threfe_'feet^ t^flre wasn't smicfa difference?

A. I ooirlid not Say. Q. Do you thfink Chey are blbod? A. I doait know anything abouit it., Q. What wafi your opinion when yau took that board flora the house?

A. There might be blood there. Q. Bad yon think It wae blood? A- I thought 5t looked Hke bHoo*^ Q. Po you think tfate looks like blood (Pointing to the spot.) 4, Yee, $Gr.

Q. What did ytro thtok Itroked like blood—19 there anything

ment abouit hts batog under

ex-

tm it yoa trook those .two Blodes of "wood out of €he rartfer? A- It 'was tihft east fence. '.SlZ 'Iv.

Q. The first fence east at the house? A.

Tee, eto.

Tb&l wa»

root 1

Q. Was he the teaciher

sdhool?.' A.I bellierve

u'%.

w_„

A. Not & |RMt 0. (How (high *ras the next fence •A.' It .wa» a higher fence. Q. The Alwat^J fenoe—how Ihlgfh yrm

I Judge about tour and

6ne?h&lt

feot Q. How high was the next 'fenoe? .The fenoa munning eaet and -west on jChe aoufih side of th« road? •an-Hi

A- Four feet at lea«t. Q. And how higih was the (north fence on the Shanks place?

A. Probably three and' o*he-half sei, to the toest of my Judgment an'd recol1-lootlo-n.

Q. Then how high was the inside ^ence on the SihanJcs place? A. That .was tow. lit was a very1 pcror fenoe «f .some oJd rails and 'brush.' A.

Wliat Was Fooad on» Board. Q. CM-r. Thomas, you imay look at that board again (hands 'board -to witness)— who out that Bdlvec off that board?

A. William ASnvard. Q. Were yo-u there 'When

ihe'rutvi't

this side

thftt yov thonght tookea like blood? A. I have not anf fecoKectkxn at exaroflnlng that e5de.

Q. What do you 6&y now Chen? A, I don't »e« anything Cherg qwwthat reserablefl blood—that I bellav^ is Wood.

Q. Then you thin'k there ts a ©po* 00 here (turning board aver) tbat la wiood?

A. I thought prrfbaWy there W&a. q. You tihought fronji Ohe csolortng cm fhait tfUver err fhut thM was blQQd?

A- J***. Q. to ytro thin'k that Is (Wood Cpofnttng to a ?ejtrain part of the board)?

A. It has the appearance and look— 1 cannot ear whether it 4b or not. Q. Were £tm present when fhis board was flaken out Of the Kettar ttqtraq1

A- waatf q. Wea row? father th'ere^ A. He -i, \y*, 6. What day wag fhaf? c" A. The 18th day Of August. 0. Was thare gtwiafr crocks ffiffd j&rs riftttng there 9-t tjhe time?

A, iNb* 6lX Q. Were ytra ever in the h*i5ttBe '.w!teu those crociks a/ni3 jare were -sifting th'eTd^

A. Tea, eir» R«-dinot Bxnnilnatton by Mr. Pnett. Q.

Ycm stated that you saw that silver (taken 0$ the board? A. Mj, efts

Q. 'When Woe that done? V. *i"he 18th of August Q. What did you do wltJh tt? A. Alwwrd gave* the chip, to nre and I kefA It fiU ^e 15th of Aiigust ih my popsessitoo aiad guv& ft Co air. SimmS. 0. Where nwji 1*3 Mr. SJmroal

A, At Tc®®H ttfc CfR! settlers' nwf. lajr, Q. Ten thfe Jury htiw rou came to go tteck »ftd get the 1kw»cI?

Mr. Xiunfrt W® otojoct... Q. W&s you gave

the

MTr. 6l«nwn^f .L (Mr, Lamlb? We Oourtr ^utftaLned

t»

Th% *nt0. ©taJ» you earns to trac5r and

get

«h» tftBartf?

M. IAumlbt asked tiro court tb fh- ». (L^. fA '«i. einftjl the vrtTtftess ChM

ih* ts aai tp

what anybody 8a44 tt) him.' Q. TeJFl bow you oamae to go brok and get th« board?

A. When we were Chens 05a the lSt£. we .aa/W thaut piewee of J»ank had leen sawed from the Kefflwr floor, probably tw^lv« or thlrtt^n pieces*, and for fear ttiat fihos* pisunkft nf^gh't bfe taken In tb« «ame mkumert w» frtn* back and took them ourwflvrt.

Q. Mir. Liaortb ®ok«d pern on cross

A. lb the £**&

et-

amlnatlofi tf you w»n not at'a Ohartvan and JdKod ft flrl—-Ju»t explain what happened at thtet ahlajiiyart, and what took pflface?

reooHoctlon frere-

ffemen, it Was in 1878. I was under my father^ own roof tending a sedecit School In our neighborhood. dir.! JL.aiab: tTe object to any tftalU-

TERRE TT ATTTR, ffTPTERSS, TUESDAY MORNING, FEBUARY 4,1896.

te.theor'a

A. A aohiooiamta of mine in the »tbhr mer' o(f" 18T8 got married. Myself kntj other echoohnaltaB af his and th» neighbor boy» went to the residence of Uncfle Beita Sowama for the purpose of havtnig a Mttfle aport, as we Galled" ftl W® theare about dusk and we fi*d a good t&rn* eert.hi^ bake and the Kfca tm the ooupte retired. We had aom4 guns witth us headed wtlta powder and jfe-per and pans and the like and «fteif they retired we got permission fromi the.oid gentkimian to ctoarlvarl, andywe started in and It seems there wap a nttle window, it was, a- story a-ad^a half house, and there was a wlnidbw.-o? scuttle hole Ui: the e^t end, an^.-lt «ppeare thatt tfhlja young .lady locked ou't and a discharge frtm such jttruck her tn the head,.

Q. Wlhb eSse wlas pregewt? .. A. Thomas J. Allen, James Allen, Andy Johnson, jonleuthau Cunningham and. m'any others of. my schoaknates.

Q. Who 'wlas your teacher? A. Andy Johnson of yermlMion pounty. '::fc

qS,

Q. You were abou^ 19?

the seleot

ecs

Be-Cro»»-Examlnatlon by M*. Lamb. Q. How old were you at that time?/ A. I am 88 years old no^, he S7 in Auigust. i,- j, -.

A. Albout 18. Q, And you were out charivaring with a-shot gun? .r -v .. A..No, eir. '"""J

Q. There were only two guns there? ,._A* There were smore guns. I oould not »ay—jsome revivers.,

Q. You dbn't meah tb intimate t)h!at ihl4,?rvwnan shbt with a revolver? A. Yes, sir. :Q. had thfe dther dhot gun?

A. I don*t know who had the shot feutnis. I kirb'w there tyiak more than ttvo. Q. You knorw tihersi

tn°re'?,

A- Yes, sir. ''r-J*. Q. 'Who wiaa it. Wad thaft? A. A man by 1% 'lifaahe Of Cunningliazn.

Q. Ytou flrtfd yow gun?

Yes, sir. '4 Q. And didn't, you Are it ait the exact spof"'wh«T« thiS gffr! wteL« shot?

A. 1 didn't.

Q. And didn't ybu adml't it—dfdn't you attmi't that you 6red the shot that killed that girl?-

"A. I dW nok q. Did you Mfltlrivafe -fihat anybody else didn't? •A. I don't rememfber.' "v

Qr T)!dn't you

Slay

:the

you fired toward

wiindow, and she had her head-out at the wUnlctow, and dMn'^ you 'shoot her?-

A. I don't •know anything about It. Q. Ybu may te^' thls jury whether yon ever dented that you shot that girt until you denied it here Saturday evening? Did you erver before deny tftatry&u shot this lady ttrititl you denied It under your.oath Saturday evening?

A.. Yes, sir. .. V" (i When ctld you deny it? a I wall say that .if I fclfle^ that girl I #i know anything about ft,

Q^When did you

off?'

A. I was. Q. Tell the Jury what Idhd of a "col'-1 omtion" that is—you called It a "colorarItion" the other day?

A. I would call it dark. Q. Isn't It a part of the w*ood9!•«'? A. Thte color? Q. Yes, «lr. v: siC A. I thin'k not. Q. What about that colora'tftm along there—tWat red, dark place—there are different colors,some darker than others •What are they?

:-de.hy

this before?

A. I dont rememflber th"e dates, Q. Whom, did you deny ft to? A: I wouTd say to this Jury if I murdered that girt-—• 5:-Here talk to me—answer my question.

A. Shaft I talk tb you or the jury? ,i.i ,Q. Tell the jury whom you denied it ffcoc?'1. .» a. I don't rememfber the names. My faitfher for one. ^. Of oourset -vi .1

..S/l &-•,

TRIED TO RATTLE RATCLWrF.

Attorney I«mb Acoqms Witness of Having t» Pergonal Interest. Miles Ratcfliff, a juartlbe of the peace a'nd .reftlretd lawyer, was scarcely on the atamd bafore the audience was furnished With arwrther seaxsaltfewi, wthioh matured ttjtb a ttUt bofewe^u Aittorneya I^atmib arrtd PuertJt tain?d hrooghit foirth rulings firom the Judge Wlrkjh fuaniighed a itopio few wtdo dilscuaaHom among laymen and lawyers aillki Whan the witness was turned over tx the •defeiaaa for cross eje«aaftKUtKm Mv. Laanxb first asked htmvif be waft soft fOaktn^ 9 great initereart^'lin tjhe pi-qaacmMPa. B^oefvtDigf a negative amSwCT, tfpnb cusloeid Wro h^ dild'owt way r&o Att)wriv«y AAoC^be Chait If the Kallatrs vpero «voquit1ttdd he wtnUd eWll boilteve th^m yuOty, AVwaey Puefct oibJ«ot3ed to it hfc? queBflbn atod thev,obje*^om w»q protaptly overruled, ea^ Rakdlfl wsd ftxroed adimfit thewt hoi K4d. When Attorney. Puett took the witness for re-^Treat examtowtfcm. he asked him Oo full rib?

ootvensaltkra:

had iwtfh Mir. MoCal^a. To thia'Mr. tflwrfb C^bjvated. Th«a followed brief aJg ujimtttg, el ®w cancfluakxn of whdeh Judge Taylgir eustato^cf Mr. Lambda obicdtjlon ^nd the ddtaSH of :the oocuversarfeon wafl excluded. The ruling waa a eurprtw ®-u4 fif looked upon by attorneys as qa error of the ocrart. Inaemuah ss the deflena^ had bettn pemmltted "to foroe Haitolltf to aflmflt Wha/t he had eaid to Mr, MteCalbe, 4ft was considered more than fight thait the prosecution, JucWfy ihl9 remarks, be allowed to deltafll the part otf fthe cxmversa/tion leQriiinj up to ithe time witness had eatfd he believed ithe Kellors were gu!lty. Buffi Judge Taylor thought difflarenitly eind onfly itjw part of the conversatflon beneiiclal to the defense iwaa alJonved to

before -the Jury. The

QVestflcms and aihawers, Interspersed w5th the (lawyers' oral boufts, aro given tn full b^lowi

Direct BxsmloAtlnn by !(Ir. 8Imm». Q. Where do you live? A. I live in .the north ^dge of Parke comity. •.•

Q. Htow far fttntn -Where Dan Kellar lived in July, 1^95? A. Aibtnit two tod one-half miles.

Q. I Will a^k you whether you were at Kellar^ re^denc® on the 7th day of July, 1895?

A, I never wits at his house in my Pfa „Q. You Were at Shanka' on the 7t»h a

A. Yes, sir. Q. ,X)ld yg$ see the b«»Av~ ,°i Clai* Shanks?. ..V**' j*

A. did. a wwat Ss^B ffid you

•l»dl«a. 5CI A

Q. Whoft J5d. ywu db tbere?i%fc A- P«e ?f lad^a cwne and tu^ied th« ooyinfln* back oflf tt^ibox khe w«9 lying in "tlj^t her w«a erpoB«d

zqy vWw, and I

her feboe was, as you aaw ft at that time and as you examined tt critically? A. Her face was acnaWhwd, her *Ttm was bleeding, and I seen a good dual of blood aVourt her head and that caused me to pake the loe away and I laid the Ice away from the dbda of her head qon both sides and I rolled her head over from me. She waa laying with her head to the n&rtth and I oamae up an the «a£t side and in the firet plaoe I rolled her head from Her h«d turned over freely and I noticed on the left «Sde otf her heed that the hair waa •matted with Mood and that ^caused toe to extovlna in her hair, _.

Q. What did you find. A. I found a gash somewhere, I reckon I might say upon the corner of-the he&d.

Q. I 'wish you wbuid1 teM the Jury Jnst exactly what position that oooupied In reference to bettnsr stnalght acroee-. or up or down, or Obltlque?

A. My recollection to that it was-slant-ing'. Q. Tell thb "Jury aB' near aa you can bow that looked?

A. It looked like a out in the scalp, and it had been Meedlng and the Wood was a/11 mixed in the hfetlr. She had tolerably heavy hair and th« blood was maitted In the hlair.

Q. Starts to the juiy What poslttop that out occruiptled wtth reference to the left ear? -i-^c

A. It Was rather behind th* ear.

Q. Albove or below the uipp^r portion otf the ear? A. (My reootlfioflon la that perhaps the lower end of it would about range with' the upper pfert of the ear.

Q. Tell the Jury whether the cut was horizontal, vertical or oblique? A. It was Kihd'o' slanting. The lower part

the out waa the furthereet

In fron't. Q. Now te|l the jury as nearly as you_ can the condition of the eyes?

A. I am prefoty certain it was the left eye—lit was cut undeT the eye-brow— that was ou't clear through,

Q. Bow long a gash? A. The whole length of i/t was nearly as wtde as the eye. ,,

Q. I will ask you to tell the Jury what If anything, you discovered about theoondlltlon of th» flesh around the edge® of this wound—how did tliat look?

A. As far as that cut on the head -is conoernod, that I could not ,t^l you. Q. I mean the one on the eye?^

A. It looked like it was considerably, fomrtsed. It was rather a dark red or

PIqIwhat

Was the oondltipn at the

right eye? v,." iA. It was

cut

butt not bo muoh as the

other one. .. Q. Tell 'the jury how that cut run,. A. It waa aro&sways. And the one tm the tright eye was not so lar&e and a tlsfcle more out rto thie corner of the eye

Q. Whait dbservatton, if any, did you make about' the eyebrows and the bridge of -the niose?

A. I dbn't recolledt that "therfe waa amytihaing ditecoveiraibl©. The point of tlhe noee was bruised.

Q. Tell the jury whait ithe condition of the brui'se was you have mentioned as beJnlg atjout her mouth?

A. Her mouth looked to me ,l}ke. .ft had bean struck. Mr- Ijambr-Pleasa describe it to the jury.

A. I am going to If you will let me aflon©. .{• ^. Mr. Lamb—I thought .the... witness would acoept my eugges 1901 with courtesy.

A. I told you I would. Mr. Lamb—Now keep ^tiTl. am talkSng to the, court. You area lawyer, aire you?. .A. I ai» no!] ..very much, of one, but 1 bdhave myself to the court.

Mr. Lamb—Will your honor instruct the witness to not make these remarks? Q. Tell the jury how that looked around the mont/h. Make them seie it as you saw it.

A. The mouth looked to me llkejt had m-eit with some haird substance. -Her mouth wa.3 mashed, h«r Hps was mashed and the upper lip-had a cult on ft—it sei&m&d more 'like It was "busted."

Q. Whait examdinat'.bn, 5f any, did you make of 'hex throat? On one side of her ^throat- tih^re four mjarks that looked to me like finger marks.

Mr. Beasley—Do you ineah the right side? A. My reoollec'Oon is that the four marks were on the right side, because I was on the left side of heir amd I rolled bar head over. The one mark wes xn the «Ade of ilhe thr«c»at mext to me and i't looked to me like thsut had been pneesdd there ti'll the slcin where the one nwrfe was on the aide of her neck wae raitlheir gratneid.

Q. DeacirliBe I'he marks you saw on the opposite side of her neck. A. On the oilier skle?

jxu

t-t

g& iJrernl

it H?a4.-albout o^cltxsk.whcn

I.gtft ChpWk.

ffs-r

Q. w^wt flM -Jt") Whc®

•. irl '-.-

.tell

,pk

A. WTrfen I got fltere thfere wa?^.*rmf crowd otf peogte- hltirih^d up m? team end walked the crowd ^hd.^a*d wdfWln® to ai^fcody only to e^$ak to peopQe I e&V, went In ftou»e wd I (Mnk Mflft- WM nefbody Amb* but

ffep

wh«* I went frep trpectlng jp see. (Mr. -W, #Jfot Wi laat iwiartt ind flpvf rtttk* •n» ootntt olrlk® It out

Q. Whait ®d .yo? f»e? A. saw Cfera BhantoJ !n pie box. Her face seemed' to b« sarfe*t(Jh^d and bleeding and that caused me to make a arttlda/1 examination at thaft time*. 0- Te51 tfe% Jury w^rttt the Jonditika of •r* -w

i..

Q. Yes. what oolor is 1t? .n\-v A. rt 1^ hard to describe &t. I euppose yiQU have mcM all '«een brutoes on the (lesb.

Mr. Lamb—Your honor, I move to strike that out. The Court—Objection sustained,

Q. Tell juat how *t looked. A, It was kind of a purple on the »ktn—It looked to me like blood on the skin.

Q. When you made this examination wtiart did

you

do?

A. Tha-t Is all I did. I turned around and Wailkad out of the house. J3o4y Wx*ualn»tl by Dort«w.

Q. If yoii eyer saw Che body- after that, toll feho jury when 'It Wa.s. A. I seon it some three times after' thait

Q. Wh£sn dlid you next see.lt? A. The nert day when the doctors oamo th'Ore. Whan Dr. Oaplingfr and Dr. McKay came there they Invited me In with them"3.7id of course I went in.

Q. What fho condition of the marks when' you saw them that time oa Monday?

A. They had got darker than -they wai when I.saw -themQ.'You mean thev marks on th« throat?

A. Ye«. sir. Q. When did you sea them In,

ever d»ld see them after that? A. I seen fihem at the graveyard: .) Q. What day was that? A. That was thart. evening, the 8th, Q. .peEoni^e them

th^ Jury a« they,

appeaimd jieor^ A. They.gjat. darker every ttm* I looked at t2v^m from .the first tlmfc tin tf# laat ttaw.

QL.Whfi|.^^d you iilo.tji tJre afternoon %n Sunday atoout Sh^nlgs pr&mlses, Jf tny'thfe^rf Afiter y^u

4&e

exjumi-

oaitkm of iU»« girl .^asit you •. ti« Jury? A/I lciKScked around there W?tSh cither peopl# atod Jtoffflwd.

Q. DSd you aee the pool «haft $ay? A. No, sir. Q. I w4H ask you If you have ever made any etaminbjfion atoiit ithe pobdf

JL-i to***.

Ujp5'|

0. \vhetk- waa Chat? *,.*• A. Tlu cej?t Ja.y. Q. Whai did yofu* ex®jn*natkn paa StSt Of? tit

A. 1 bad not •een flho 'ipoaf for fifty yeara, I guess, and the next day—Chfe day «ftwr the iburia.1, arffcef the fun-aral—. I went om Ubere and 1 went down to the pool.

Q. What aid you find (down there, Cf anytJhtog?

went througiL I ®dn't go the

road, ftrnt I went through Just to go to the ,pool to look at -that. I went there to look at tt When I Oaime to the bhiff— that waa below the pool, -perhaps forty or fifty •feet—it was steep there and I went a Uttle further down and oame down the hill Just where Che rooks ieft off, aod -there on a Jog, I think not mora •than six or sight feet from the toot of tflie hill, there waa a log there and a pole beside it, and on that pode—It was a pe«kd poite I euppoee eoni* four or five inches thick—there was a oonslderaible spot, and my optoion that it was blood. Shanks' little boy .was with me and I got the Information that some had taken it for iblood. (Mr. Ivamb—Object and ask to strike out, and a^k Ohat the witness be instructed not to rep€»at it. ftfir. 81mni»—Ndt wha/t fwas said, hut what tras done.

Q. TeM what you didi?° 'f£i A. I took my knife amd scraped' ft and I took 4t and wet tt and stirred it up to have my opinion and I pronounced it blood. -If]

Q. And wha'tido you say now it waa? A. I think It was blood. Cross-Examlnation by Mr. Lamtr Q. What did you do with it? A. I ecraped some of it off this pole— ft was a peeled pole, hut It was a hard substance—and I scraped some of it off and took ft In my hand and wet i't up.

Q. With water? A. Yes,sir. Q. And then you determined upon that examination It was iblood?

A. Yes, sir. That Is my judgment. Q. '(.That was about •from vje pool?

l^fut or^

A. Yes, sir. Q. Did you see any other there at the pool—near the pool

A. No, sir.

A. That is what I am talking about. Q. Did you see the ipflace Where the ^nooimnetent body of the glarl had lain when the body was taken out of th« pool?,,

A. No, sir. Q. What Mime of -Che day were you there?

A. In tihe fore part of the day. Q. What time were you there? A..This was the next day aft^r the funstral. In the ifore part of the day.

Q. It was no't the tJay after 'the ibody was taken out? A. No, sir.

Q. This was on Tuesday Was it? ........ A. Yes, eir. Q. The funeral was on Monday? A. Yes, sir. And the next morning I .-went over and tMs w^s Ithe tlmeJE went to the pooS.

Q. And tlhaf was th« tishe you found the iblood ytaiu described'? A. Yes. dr.

Q. And you saw no o'ther blood there hut that? A. No. I didn't Sfee but that'-1 Vs.

AIt that place or near to the pool? A.' That waa the nearest 1 seen to the pooft.

Q. (Had you been' there .before? A. Yes, hu't not for flflty years. Q.. Have you been there after the body Weus taken out?

A. Yes, sir. Q. That was after you had seen the body &rt the house?

A. AJflter she was put away. Q. You had seen her at "the graveyard?

A. Yes, sir. Mr.Hatcllff'B Opinion of the law. Q. You haye been taking a gne'at deal of Interest- In 'this matter?

A. Nottihtojg more than a citizen ought •to. Q. You have the

word "dltlzen?"

A., Yes I learned It when I was a (boy. Q. AM that you have d'one, you h(ive done a® a citizen?

A. Yes. Q. How long have you been practicing law?

A. I Maaie been d'ab/bling in law a lUttle over forty years. Q. Hbtw old are you MJr. PiatcOiff?

A. tt am 75. Q. You hlive been jMtaJfcltlcang mostly (betfore JudWoes otf the peawe?

A. Sbmetlmies in the courts. Q. CMb^t-ly b^Po^e juisffitees of tho peace and sometimes tn th£ higher courts?

A- They ruled me out erf that I have (been j-ut&loe otf the peace fof sixteen yearte and they wtnuffd rnSt allow ma to pradtffoe any more.

Q. jut epWleld your bM55m*ss? A. It was a low buatneas anyway. Q. Sir? A. I thloulght it Was a. low bus5ne«3 in the law.

Qi Ybu tJhought th? Tanv business was a Jow business? A. Yes sir.

Q. You stlalte thlaft under cra/th? A. No, I Was tlalMng to you. ij. I0O you mean me, or do you mfefeu the pmfeKsriom oif law?

A. O, I naeanlt the (Jatofbling in law if or a common f^Bcw. Q. That is a Tow business?

Q. tDffld you think that when yott were pnactldlnig law? A. I never trtfJd to

Q. I wfiill ask you If you thought thtat when you were pnadtklng law? A. Sometimes I had to tfaka some very •bad cases.

Q. You mean by that answer to convey to th/e Jury that I h&ve a very had case? ... a. no. vvrr q. what did you when you to convey the fmiprass^Oft th£ Jury that I h'ad a bad case?

A. No] I h'ad no reference to that. Q: What did you meant A. I me&n/t that I sometimes had to take capes and wkwfc them u£ iit feJlows and ^elt th*etm" otA Where they ought to be punished.

Q. And by Saytog that you mean this csaae? A.N0 I was tefflktne to you. 0. And what did ty aaylng that to this Jury?

N"0 rGfllpOflBOu Q. You have ft great BtfaJ of feeling against these peoptet

A. I hav$ a#w»59 tee» frteudfe to them. Q. You harva no feeling In this case?

A. Kb I

THfert! hftfe tm 0DRU| neWktaVhood smothered up and nbtWfi« round out 4Dd the good people want ft ^tojjpal.

Q. (How mfemy murdwrs 6S Aat kind haVfe b^eB-otmwnUtlted there? vA. There has been t)wo ttHt& l^led WEthto two Or fnlftes

and a wias S6v^d i|p

tfver irtnirfhwS

Q. 'Dtont you remember—— A. Afll that I renaemtoer is hearsay. Q. You know who "wtets along when he wias killed? ».

A. I dont know. *&%-'& Q. Do you know who was infltoted fal comietetion w®th thW affair?

A. No. .! Q. Do you know a man named George Thomas? 1

A. Yes I know George Thomas. Q. Do you remeonlber the nighlt thlai five or alx fe9$ows rode over to c4d mail Lay's house and shot him three or fou^ times?

A. I remember of hearing :Of it' *Q. Do you know Who dt was now? A. I do not..

Q. You know thait George Thomas W« afloreg?

-%p» T| --i

A. 1 do inert. Mr. Puett—(Pt li unfair to Mr. Thoam to ki|R$ lnislnuatlng that he- haa beet connected with murder and that he wai connected iwith 'this case in that countyw a«d we object to It aaid wfetnt our otoi jec-'tton to go in the recordi

Mr. Darnb—This wffltaes9 volunteered the statement that Ihere had :been murij d^r. I was orosa examining him and vrlll show whether- -this man Thorn has -been dealt -with falrty or not, whether he iwa® indicted. We will sho^ jt by the *recorj3 erf 'tWe court.

Mr. fPuet't—The gentleman- knows a4 well as he knows he is staindimg ther4 thsatt fhis is unfair. (Mr. Laimib—I Wfll (prove by the record^ of the court thaft your man' was Indicteld, and will put him on the witness stand and I will matee^hfm admit tt oa «tw.ro

:hat Is my judgment. commit •perjury'*^3' 'jftte'hdJto «fhow tl

character of thli prosec^op b£far6

C* g^t-through«w^OL(l Tho rVkiiHh—^VAij jmASr .rffiow !nV .the Wl The Cour^t—Youxn^"s3£ow Jpy the WIN ness what he,' ifeho^pts ittoOtit it, butt don'-t think It Is hardly iproper, 1

Q. There was ®o ^lood near the pool ^jo^-n-j^ied and covered up. Now 1 as® hut that? ]f he don't.kmow that George Thoma# Q. None that you saw?

Mr. LaJmb Jlle staid the anurdeirs wer»

The Court—a will leit htm' answer th' question. iMr. IPueltt:—JIs (ai maw who has ibeei* here as a wljtness-r-ls his charadter toiba —?s it to be insinoated—

Mr. Lamb—I tarn .no't 'insinuating, ami charging, and we will, prove It. W® will ibrlnig Che records of thie court. iMJr. Puett—You axre putting it in & way 'that the other man has no chance.

The Court—'Let Mm answer the ques« 'tJlon, If he knows of his own knowledge, Q. [Don't you- krtow thait George Thomas was Indilct-ed for the shooting of Old man [Lay in* his own house?

A. I don't know anything laJboult 1#. from*my own knowledge. Q. You heard it, dsldn't j^au? I (No response.) ."

Mr. (Lamb—II ask the court to diiredfi th'is witness to answer my questions. I Q. You may tell the jury whether yoii •haye not heard "repeatedly that George Thomas was Ind-Icted jfor shooting old' man Lay in his own house?

Mr. Puett—We object -j Tne Court—Objection sustained. Mir. Puett—And we a«k the court to instruct the att-Qrmey that this is Unfai* to ask that question before this Jury for ithe purpose of leaving the impres* slor* on the mind of the jury 'that thi§ man is a murderer.

IMr. (Lamb—I thtak it is competent, and I don't thlnlk this court will say that I ever asked a question for thai, purpose. When h-e made that states* ment he said only whlat he had heaird. (Mr. (Puett—We never asked the wlt»j ness whiat he had heaTd. Mr. Lamb re* members that we were kind enough to* wards them ito caution this witness not bo state one word 'that he had heard1, only to state what he knew. The ob« je-ction has come from that side thaj( not one word spoken iby a person in tM absence of these defendants be given. And then/ they claim to Jbrin-g out mat4 ters on cross exam-lnatloh that they, brought up themselves.

CM-r. ELam-b—(Lf your honor please, 1 asked this question and the court ruled yt is incompetent. Now what is before the court?

Mt. BuetJt—Mr.

"Lamb Is now, is ail

that 1 notice. Q. Now, 'Mr. Ratclifl, you say thai you went ito the Shanks house on Moru* diay, I believe—iwa» it Monday or Sun«. day?

A. Yea, sir. Q. Amd ithere were nobody there huif ladles?

A. NohOdy in the house but ladles. I Q. An'd you went in and saw that hed faoe was ail scratched upt

A. -I did. Anid' hloo'dy? A. Yes, sir. Q. Haw marny ecmlteft'ets weire wni hie® face?

A. I dHdn"t ooumit, but It was terribly scraitched up. Q. Th'e flesh (peeled off?

A. No the skiin pulled' off—cuit &}. streaks. •. Q. cut in tfbreaks?

A,. Yes, sir.. Q, You -may rteJl the Jury whether thj skin was hroken on her. fade In a elm gle place? I

A. I would have 'to Say thiat th'«scrajtches—I don'it knoiW whether it wart cleqr through—.the skin waA Cut.

Q. The ekin was cut On teh eid'efc and th^ ecraibches Wer^.-bleecHh^? A. More oox ante sMer'amd inett on th(5 "to'Cher."

Q. Then we WUl say On one side and not on the "iltctther." The skin was cuit one one islde ajid th$ scnattclfes w«r bi^dln-g. Is thait it?

A. (No response.)} Q. And '{ftien there Wa3 a gash through the righit aye?

A. The leflt eye.' 0. The left eye was thait the gasl( Was curt thatyujph?-

A. I ithlnik it -was. Yes. sir. Q. The out waa clear through? A. Yes. I ithihk St was. 0. Ton know it waft, dont you? A. I say St was dear through. •:.-tQ. You told the Jury ithat on your es

—. jtmtaatiion—that the gash was throu^H

0 I couM'Wt iW #*. 'NO,, sir. eyctid. hftfe Wtl fom^ murd'ets In that A. Through thfe eyelid. g. The flawt to you don't know wheftft« -er Si was or not? ,.

j^okviHe

radbody''was

flter ft^

0. And this la th* reason ytm want Wfls oa»e proeeotrt»d -s. Wo respon®®. 0eo. T. Tbonuu' Cluuaafcar Aiwlled,

Q. Do you r^mepafoet A dase wherA a man named Btack Was killed A- No.

Q, Do jrro rrararotow "Wfctson Black? A. Yes, sir. Q. DonH you nsnwDhet of his being killed? tC-v-

A. I don't retneifwber anything afcout that case. I remember ^hey pa4d he was kUSed.

Q. Do you knew who It was that carried his body oh a horse and put it in a sawtog and hid It?

A. I don't know anything about that.

88|§ltt! 4

A. I th'inJk 4t Was.: You don^t know? You didn't tur«( it lnarfde out?

A. No, but I rafisad ft and looked. 0. You raised tt and looked and 1 was. clear through?

A. I think it w«j9. Q. Arid then rtheire were «hree or fou» gashes on the right eye? .•"*

A. No. Q. How many were there?1

A,. A ll'tOe in the same way, but nA 00 much. Q. How many marks were there on the eyelid?

Finger Mafks on the Throat,

Lj:".

"i^. On the right eye? Q, On tftther one? A. I don't think tWat on the left «y® that had the worst cut right under th« eyelid—:I don't remember of any oitbsr on that side, above the eye

-JkU-*••

Q. You don't know? 1