The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1869-03-03
WEDNESDAY, MORNING. MARCH g., 1869 e

TEssg1 nt ~ IanAYy-Iu,r tgtirLN tar IS
MARCH, 1869.
/ one wound on the face, zone ON the right side
| of the neck several on the shoulder, and
no. balls taken from the body butinoticed
apertures from which they appeared to
have been taken. Saw no wound uuder the
clayicle! The wound on the left OF the
lspinal column seemed to have been made, as
| were the others, by q ball entering rather than
looming OFT ofrtfet body. There was nothing
| In the location Of the wounds that would In
| dicate the direction from which the shot came
texcept7that the wounds on the: shoulder must
have been made by. shooting from an elevated
lposition could hardly conceive how they
icould have been madein any other way. TWO
libuckshos entering the shoulder, passing dag
onally through the body, and coming out in
| the region of the heart, would not necessarily
heart in their course through the chest, as I
think these did death must OF course ensue.
wounds In the neck are always dangerous. on
laccount Of the large blood vessels in that re-
Lgion. ! did not probe the wounds, but deemed
them sufficient to cause death.
/ iCross-examined: No regular post mortem ex-
animation was made, looked very closely
| at the body; and made rather more than a
cursory observation. The wound near the
cheek bone had the appearance of the others.
i
tshotf wounds except the one in the neck,
| which touched as 7, tied up the jaws of the
| corpse If had not been informed of the ex-
| traction of the shot could not form an opinion
| of the direction which the shot took except
/ from their effects. I went to the scene of the
| homicide as q reporter for the Enquirer and
| Examiner newspaper. saw DIR. Little look
Tat the wounds on the outside of. the body, bnt
did not see him malks any thorough examina.
| ton. Do not know whether there was an
| autopsy. ''@'
| To Colonel, johnson: was q reporter for
| the newspaper at the time Of the homicide,
| am now, and have been for several years. l
| am moi now practicing physician.
| To Mr.. Bundy: I graduated at the Univer-
sity2 Of Virginia in 1850; practiced1 medicine
| twelve years in Spotsylyana before the war /;
was 8 surgeon in the army Tor three years
| during the war and practiced in this city for
q while after the surrender; since that time
| have been in the newspaper business.
| 70 Mr.. Oulda Ofscourse I could not say
positively that the ball that came utnear the
heart was one of those that entered the shoul-
der. That could only DO ascertained by an
To the Court = I think there were seven or
| eight wounds, the shoulder and shoulder
blade. The lowest was not as low as the point
been made by buckshot or very small musket
| balls.
MRS. A'cAULAY's TESTIMONY.
| Mrs. Mahala Elizabeth MeCaulay sworn: I
| live in Port Mayo, Richmond. On the morning
| of the Oath of November last ut about II
o'clock was going up Main street on the
| right hand side. AS I turned Fourteenth
street corner heard the report of gun. Saw
nothing to indicate whence the gun was fired,
| for did not stop second. Did not see any
| body fall nor anybody hit.--.-=--f
Mr.. Bundy: You did not see anything at
| all? .s@At.A
Mrs. McCaulay: No, sir nothing at all
| went right on to Mr.. Hardesty's, the tailor,
~ fnY tfrnn 70
madam. am sorry to have put you to the
! trouble of coming to court.
| Mr. Johnson Is that right, your HONOR
| The Court: We see nothing wrong about
Mr.. Bundy's apology.
| Mr.. Bundy: Nor I, sir say she is q very
| fortunate woman; and repeat, ma am, I'm
sorry that I put you to the trouble OF coming
| here. s......-l. --.-,s-- II.
Mrs. McCauIay: Much obliged to you, sir.
| Several questions from the Court TO this
| witness elected only that she was very much
| frightened, and knew nothing about the af.
| fair.
Mr. Bundy remarked that he had summoned
| the witness under Misrepresentation.
| 81 Z JOHN g.. sTUBBs's. TESTIMONY.
! Mr.. John S. Stubs sworn: Live in Rich.
| mond. Was member of the coroner's jury
| that viewed the body Of Pollard. AS n juror
I examined the window of Major Clinton's
room, on Fourteenth street.
Mr.. Bundy.: What induced you to examine
| that window?
witness: Well, sir, was member of the
Mr.. Bundy: Hold on, sir. Answer my CUES.
| ton.
! Witness: Well, there were twelve of us
| Mr.. Bundy: Will You answer my question
1 Mr.. Stubs?
4 Mr.. johnson: Go on, Mr.. Stubs.
| Mr. Bundy: He mast answer my question
| I believe the Commonwealth is conducting
| this examination, and will not be interrupted
| by any body but the Court. -.-.,-.y ....
| The Court: Does the defence object?
| Mr.. Ould: We do, sir, and SO long as
| stand here shall claim and exercise the right
| of interrupting the gentlemen on the other
side whenever they are, in my OPINION, actins
| contrary to law. We have stood this thing too
| long. Thewitness must not be allowed 10 an
swer Mr.. Bundy's question.
| The Court asked the defence what the ques-
ton was to which they objected. They re-
Piled that they objected to the question
i What was your object In making this inves'
| tigation - ..
| MIR. Bundy said that this was not the ques-
ton which he had before asked.
| After considerable discussion, Mr.. Bundy
| seemed to withdraw his first question, and
asked Mr.. Stubbs whether he made an exami'
| nation. of the window in question.
| To this Mr.. johnson objected, urging thai
the witness should be allowed to finish his
answer to the original question OF the Com
monwealth's attorney. In this connection
he appealed 10 Mr. StuODS 10 KNOW Wlclucl
the facts were not as he stated. .. ,.s.
Mr. Stubs Yes, sir. - ~
! The Court: Mr.. johnson, we cannot al
low IN appeal 10 the witness on that point
| 1t cannot be allowed.
Mr.. Johnson said! he wished only to get n
the facts, and had only appealed to MI. StuDos
in the excitement OF the moment. His point
was that Mr.. Stubbs should answer MIR. Bun
dy's first question before another was pro
Ipounded.
MIR. Gilmer claimed that the defence misap
pretended "the situation The question
Mr. Stubs was about to answer was, " VIVA
fact did you wish to ascer tain2'
| The Court decided that while it would have
been perfectly proper TO have allowed the an
swer of the question to have been uttered on
1.-THE fact that another question had been asked
right upon the heel Of the first was not, in TIT
Judgment Of the Court, a matter for serious
complaint. However, if the strict rule shou!t
be demanded, the witness would be required
to answer the first question.
II Witness resumed: made the examination
to- iascertain whether 3 gun had been firet
from window. -'--r
| Mr.. Bundy: What was the result Of tina
examination y What was your own conclu
sion - .'....- ....
Objected to, and withdrawn. at'-- -
/ Mr. Bundy: What did you discover? :
Il Witness A black mark extending across thu
sill, and pointing directly to the letter rs - IL
La sign across the street. On, that ther
seemed 10 De, some snob-lhftfhs AHe ILL n
referred to left the impression. on my mine
that gun had been fired from the window.
Mr.. Ould: Now sir. we object. That is th
very thing we wanted to exclude. a1
Mr.. Johnson objected formally to the &C
ceptance of the witness expression of opin
ion, as he was not an expert, and had no
examined the mark as an expert. ~
+ Mr.zGilmer claimed that neither he nor hi
associate was responsible for the illegal an
swer of witness to legal question. r., =.
The Court directed the jury, not to conside
the answer made by the witness. Il.
il Witness resumed: Some persons had exam
ined the stain before me. rubbed my fnge
l - ~,s,oJ& = ,rJid ,,of rrnp1l .ik