Lexington weekly intelligencer. (Lexington, Mo.) 1871-1887, 1873-06-18

sustalnips their Positions, wAile the csuri sat In
drnided attention. csisniy IisisaisS an e,ssfliy
weighing me points made. Thi diseassi,' n
ss Sss y WV M e sGsssa ssss <, e ss Ss..s 4.
Major Warner fyr the defense, and Nj. Garner
% and Cant rs.S.1 y sss.n s n' ,s.: ss saS AZ. e
iemNedt TO be drawn out by ue .defeness The
attorneys on both sides displayed legal lsnrnlnf,
and ability U thtir pT1iess.on, sasn eaort psos-
cate far above The average. Was II not that we
srs ,ieslruns Of sibserving the ends ofjahce. and
DEALING far and Impartial N mt, cssc e W. snoid
10 our hiders AMI the pnblic generally II lenst =
summary er rs hear mil report of the various
sIos, sowsys,, " W. e Ssas 81 naaps that sssiads
the Jurors from hearing u, made u obligatory on
our part 10 remain rtticent.
JonS pUSxxL.
Last Noverrber was living on the corner Of
the SIN OF Noycmbcr was IN i. q. Patterson :
store, on the corner OF Laurel and Mnin str,ris;
was In the employ OF i,a,iersoni ! was Ju., M h.
side OF the east show window of the storr, al The
desk, writingi the iirst thing that atracted my
attention was Turner saying, .'lou called rue a
dirty s-n ere S S-n, r., insn Re s"ia M .w'e ari
Turner was inside Of three or four fstt OF thc
window, ut the len side OF the window. facing
around just In time to see Groves strike rhr p'Se-
e ,hs door, saw Or; A.iinson pick Up Ggoys.'
was Is ing with his head 10 thr norfnwrst, ~.
ing he back, that would hiring his Iigh! hand
his hand when : iirst saw u, just picking u upi
know where The s.cps are that lead up betNttn
YouDg's and KeilIr's store-; Turner was stnhd-
ing twelve or fftrtn feet west Of those steps; he
did not move his body between those fires; he
might have moved his leg; he held the pistol di-
pistol in IN his % right hand; Be did not put his In
hand to tine pistol a. iir rs saw; was about
two feet fram the window mt first, but got riIhi
board right in 'front.' OF the door just on the edge
Of the pavement, on the east side Of the third
awning post; the bulletin board was there III. n {;
the boapi Is five feet in height, and - &c inche,
wide; the board was sitting with the sides east
and west, the edges north and south; tie board
was sitting on box, one and half feet wide,
high. That box vas on the side Of the pa'eaisnt;
no part Of the box projected over the pavement.
No cross-eAaninatiOn.
II. II. YorNs.
live on Cedar street; was living there last
October and November; have lived there since
ls;tj; know the defendant, and knew Lafayette
Groves ip his lifetime; GrOse, and Turntr had
an interview in our store ten or twelve days be-
fore the killing.
Ques.-W hnt did Mr. Turner say a, that tima,
and Whist did Mr.. Groves dos tobjccted 10 by
state; objection sustainedi.
Ques.-w hat opprobrious epitbcts, IL any, did
Groves use to Turner in that Interview
Ques.-W hat violent {. d.monsiration!, II any
did Groves make toward Turner in that inter-
view?
Gues.-What deadly weapons, If any, did
These questions wsre all objec e to 10y the
State, and excluded by the Court.
HouEnT KAUFMAN.
Ques Did you on the morning OF Friday, No
| vcmbers 2, IsTs, have conversation wiil MIR.
Groves sbout Mir. Turner? Ans.-les.
QueS.-in that conversation dill the deceased
MAKE any threats against the defendant!
Qucs.-ln that conversation, what threats,
any, did the decreased make against defendant
Qaes.-when, II Ut all, did You comnaIicat
these threats 10 the defyndant9
Ques.-Nhat were the threats the deceased
made against defendant that you communicate,
TO the defendant?
Qucs.-Whaf weapon, if any, did the dsceasct
in that conversation exhibit TO you, and To-
whom did he state that he intended such weup
ons?
The questions were all objected to by the Stat
upon the question which has been pending durin,
tile whole trial, whether in this such threat-
were admissible and competent testimony.
The defense corte1dtd that the Questions wer,
propcr. because they tended To show the hoSIil,
| spirit with which the deceased regarded the DE-
frntiant, and that these threats being coinmrni
Gated TO rndant would necessarily cause hin
to believe that his life in,i,nme late danger
and thgt acting upon that bclicftlc defendant Wa
| juSriled in staying the Deceased.
They cited in support of their theory the fol
Georgia Report, ;sjrd Alabama lepGrt, 10th Iii
nois report, I5ih u Monroe Report, ky., Eil
ohio Report, 18th iiendei, New iorH, 4Hh Mis-
| souri, Report, 5oih Missouri Report amt others.
The state, in behalf Of their objections, contend
| ed that the defense had laid no foundation 10
the introduction of such testimony; aud also, tina
unless the def,nse can show that at the time q
| the killing the deceased WIS the agI,ressor, n
| such testimony could be introduced as evidence
mia Report, 18Th Missouri Report, 2sd Missoui
| Report, i1th Missouri Report, 5oih Missouri Re
port AMI others.
adjourned. Tns decision of the Court was d,
fcrred until this morning.