The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1874-01-23


/ widespread Inflammation, hut could NOT ne
collect the day on which death ensHed
though he remembered that the post
nsorteus was made on the 10th of las
May, In this city. He was examined
before DR.. Taylor, the coroner. sse
| Mr.. Wise: Will you say to the jury
whether you saw DIR. Cullen at any time pre-
yious to the examination, and If you had any
conversation with him as to any a6ray be
tween the partiess
Judge Crump: don't see the pertinency
of the question, though we don't object par
ticularly. e&
proper one, and suppose MIR. Wise intends
to follow it up.
b Mr.. Wise: Yes, sir, do; and / propose
to. show from evidence that DR.. Cullen was
connected with the transaction.
The question was written down by Mr..
| Wise and submitted to the counsel for de-
fence.
Judge ould said that at this stage of the
proceedings he could not see the relevancy
of the question. He thought that the cues
ton was outside Of the law of conspirine,
He thought that under no circumstance
| could any such testimony be introduced,
| He held that it was sunwarrantable testimony
| under any circumstances. He thought that
| it was mere hearsay evidence, and that. too.
| without establishing any connection be.
| tween the parties. He (Mr. Wise) proposed
to show that DR.. Cullen was pdrticeps crini.
| ms. He thought that this should be proved
| before any such declaration should be made
MIR. Wise offered as authority the case OF
the Commonwealth Us. Cbahoon, which bad
been established by the Supreme Court oi
Appeals. ---. -
Judge Crump said that it would be dis.
grace to any civilized country if such pro.
ceedipg should be tolerated. Suppose Dr.
Barksdale had said that he and Page
McCarty did slay John B. Mordecai, is that
| evidence?
The Court: No, sir. That comes under
| another head.
Judge Crump (resumipg): 1t is proposed
to give in evidence the declaration made by
DR.. Cullen. Is it right to give to the jury the
rumors in the street? 1t would be unprece'
dented. There is not the faintest beginning
of piece Of testimony to commit DR.. Cullen
with this cause. But he can be reached. He
| was amazed and shocked at the proposition.
There is no foundation in law for such
secondhand testimony. Doesn't it shock
| your sense of justice and right? 1t strikes
any mans sense of justice and fairness that
| such testimony is improper. 1t is beginning
this case with floating statements from the
streets. We protest against it, and hope the
Court will not permit it.
The Court said he understood from the
Commonwcalth's Attorney that he intended
| to show that DR.. Cullen was particeps c''ans-
nis to this affair, but that DR.. Cullen's con-
nection with the case should be first estab-
| lished.
Mr.. Wise: If your Honor please, the Su.
preme Court has decided that in the Chahoon
case I might reach the question at issue in
the manner thought best.
| The Court: That is true.
| Mr.. Wise: Well, sir, will get at It in a
roundabout way, then. Doctor, you can
stand aside.
MAJOR JOHN POE
was next examined, and gave in detail his
knowledge Of the affair. He heard the re-
ports of pistols-three. The first was one
sound; then he heard two reports IN quick
succession. He saw Drs. Cullen and Nc
| Guire, and Messrs. Tabb, Trigg, Meredith,
| and Royal, on the York River road about
| one mile and an eighth from the city. When
| he reached the field he found all the parties
except Royal, whom he met going to the
city. He saw Messrs. McCarty and Morde'
| cal lying on the ground wounded; MIR. Nc
Caity ten PAGES from Mordecai. The wounds
were shown to me. I conyersed with MIR.
McCarty. Asked him how he was feeling,
and gave him a drink of brandy. had
some conversation with Mr.. Mordecai, but
Mr.. McCarty could hardly have heardft.
MIR. Wise: What conversation did you
have with Mir. Mordecai?
Cr,1ron. IVa object to II unless thp
prisoner heard it.
The Court: think it is admissible testi-
mony.
Mr.. Wise Ito Major Poe: What made you
90 to the field?
Major Poe: From information received.
Mr.. Wise: now propose to. show that
the information which Major Poe received
was derived from DR.. Cullen.
The Court Well, Mr.. Wise, I think we
had better proceed with the other eXamina-
| ton first.
Mr.. Wise: Well, Major Poe, what was the
conversation with Mr.. Mordecai?
Mr.. Ould: Well, sir, we object, and we
will file our bill of exceptions.
| The Court: You don't desire to do SO
now?
Mr.. Crump: Oh yes, sir, at once.
The bill was here prepared and filed. the
preparation Of which occupied about half an
hour. -
| Just before 4 o'clock the court took re.
| cess until o'clock.
Afternoon Session.
The court resumed its session at p. II
| Mr.. Crump said to the court that the coun.
sci for the defence were anxious to bring the
case to termination as speedily as possible,
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