Evening star., 1864-12-10

lacSrate0
ston ach much swollen. Though IN great ag-
opy, she at that time was losing no blood
remained only few minutes, and then went
to DIR. Mays, whom asked to 60 aud see the
child with me. He returned with me, and
N ade an examination In my presence. This
was about half an hour after my first visit.
We hen left, and called again about O'Clock
in the afternoon, when found her in very Sc
we're convulsIons. The next morning about ;
O'Clock the father came and told me that the
little girl bad died about II O'Clock the preoe-
ding night had told him To let me know IL
the rh'ld go, any worse before morning, bat
for srrne reason he failed 20 do so. He stated
she Cted in 4 conyulsion.
Question. Doctor. state whether, in your
epiulon, the Injuries which you discovered
4pon her person caused her death Answer.
mink they did. q. Did she at sny time.
WINE WINE yon we're there, seem TO be awsrs Of her
coneiionl A. She was conscious. Z. Was
she aware Of being, or did ou consi Ter her 10
dying condition A. On nv last visit /
,hought sns would not recover. 1 did not,
Did you express that opinion 10 herr A Nc
sir but did TO her parents o. Within ner
hearing. A. l do not think she heard the re-
mark. No one else made such a remark u her
in my presence. She said she was su1fe ring
great pain in her stomach, but did aot, in nv
presence, say anything about dying. q Gould
She was aware of the fact that she was at thai
time in q dying condition A. No, sir. I did
not hear her speak at all on the second visit !
mace to her q. Did you at any time hear her
say how she received these injuries
Mr. Bradley May IL pleasr your Honor
The evidence now proposed to b" given, after
what has been stated by the witness, would
hardly, think, oe admissible before Jury,
and W Q uld suggest it is not therefore alto
gether proper that IT should be gone into here.
The District Attorney prerume, sir, II
Will be necessary Tor me to lay IA broader foun-
cation. l therefore do not press the question.
TIE objection was sustained.
Charles H. WllsOn, sworn.-1 heard OF the
violence committed upon this little girl OF Mr.
fvynn Hay- Of
the affair, at IN Q request of MIR. VIM. =. Wood
went 10 the house OF the prisoner on 5th street
east, between and G., and got SOM clothipg
there belonging to him. l at frs oroug6s
away OF clothing, which on ins pecttnn bv
Mr.. Wood, at Carroll Prison, was found - te
ladies' clothing, and so L was directed 10 take
that back and institute another search which
] did. On my second visit got this shjrt,
snd tins coat, (both Of which witness here
sssibied.)
The coat exhibited was a blue military over
esat, bearing marks of blood on the cuffs, and
NAth stains, as of filth, on other portions of 1t.
iAe shirt, which was torn in several places,
ksem, and the front flap had stains bearing
sE6sw hat the appearance OF ar attempt haV-
ing ssen made to wash out blood-marxs
Judge Flsher.-Dld the marks OF blood upon
the clothing appear more distinct when you
first examined it than they do now!
A: think they did.
The District Attorney-The marks will be
analvzed properly by experts, to ascertain
their character.
Witness res uming This was after the ar
rest of the prisoner. found the shirt under the
pillow OF the bed, in which L suppose Mr.. and
Mrs. Lusby were accustomed 10 sleep, and the
coat between two quilts, on the same bed. Tho
prisoner did not see these clothes after | got
them, to my knowledge l talked with him
some little about the facts, but said rothlng
TO him about the clothes. He said he was in
uocent, and knew nothing about it. i had the
talk with him after got the clothes. l did not
come to prison with him W hen he was arrested.
q 20
room, but not near these clothes. The priso-
ners clothes were found In the bed His coat
was folded lengthwise, aid nla1ed between
the tw quilts. 1t was placed on one side of
the bed.
q. OF what did the woman's apparel con-
sistl A. OF drawers and other un derclothss. q.
Was there any blood on them. A. Yes, sir,
great deal saw the chemise, bat 1 am not
certain whether 1 took that along or not. Q,
Did these drawers seem to be those of full
sized woman or OF a child. A. suppose they
would fit full sized woman.
William p. Wood, superintendent Old Capt.
tol Prtfop, sworn-1 recognize this clothing
Lusbv's house. He at first brought soma cloth.
ing " hich I presume was Lusbys wife's, Ii
being woman's apparel, and so told him to
return and get Lusby's own; that he would
and blood on the wristbands.
Q. Did you have any conversation with the
Wilson came with his wife's clothes, and heard
Lusby say his wife was sick. That evening,
or the next morning, when / interrogated him
about the blood on his clothes, he intimated
that his wife was sick q. Periodical sIcknessl
A. Yes, sir. says to him, "But, Lusby, this
blood has been on the clothes for some days;
and besides, you know on the evening OF this
occurrence, when You went home with your
hands bloody, and with blood on your ci0thes,
and commenced washing rhis blood of, you
told your wife, when she inquired hov you
got that blood on Won. that you had been butch
erng" Says he, "Yes, told her that" i
then asked him how he did get it. He says, al
suppose my nose had been bleeding, or had
been fighting" Says ! to him, "Oh, Lusby,
that tale won't do" We commen ced taking
about other matters, and finally be ad mitted
he was drunk that day, and therefore couldn't
tell W hat he had been doing. Z. Did y5u show
him this clothingl A. No, sir, hut teld m
had it. He was present when Wilson brought
in his wife's clotheing, and heard me tell
him 10 take that back and get his (LusDy's)
blue coat and shirt q, What explanation do
you say he gave about getting the blood on his
clothes A. He said be could not account for
it. He had been drinking that day and every
thing was a mystery 10 HIM from about twelve
O'Clock. When hP spoke Of his wife being sick
told hin Of the impossib. lity Of his getting
that blood on his clio; hes where it was from
his wife; that it was only On that part OF the
Wristband that the coat exposed He after
wards said that he might have got the blood on
there from bleeding at the nose. q. DID you
mention the circumstance of this little girls
death to him! A. did, and told him how l
got the information about his clothes. That
his wife had first given the information 10 par
ties from whom / had Obtained 1t, ana that
through his wife's sister had come the infor-
nation about these clothes. He asked me if
had gotten 1t directly from her. l told him no,
that did not know her, but had gotten II in
directly. Seeing he was considerably exercised
about il, remarked to him that did not want
him TO confess to me or commit him self in any
way, for had no authority TO interrogate him.
The civil authorities would Investigate the
matter. have had few conversations with
him since that time.
Cross-examInatlon: When / made these re-
marks to him he asked me II the girl had said
that he did 1t L told him she had not. He
then spoke Of his being drunk anu knowing
nothing of what he did that day This was
two or three days after the death of the child.
When told him Of what his wife's sister had
said, he remarked that she was not friendly TO
him, that he had forbidden her the house, and
that she would do anything to injure him. He
neither admitted nor denied that he had seen or
knew this child l was not present when he
had the con versation with Mr.. Wilson. Heidi
on a subseq uent occasion deny ii positively to
me- He admitted to me that he had told his wife
that he got the blood on his clothes by tchering
He told me the blood might have got on his