The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1874-01-24

! MOrdecai ana Mr.. AcCaFtyySEDlQ you see
these gentlemen previous to this affair;
Mr.. Hatcher: Yes, sir, at the Richmond
Club House.
Mr. Wise: What occurred there
Mr. Hatcher: | forget what :nlsnt ~ was
/ Whilst was talking with Mr. hcCarty y Dlr'
Mordecai came In, and the conversation a ,; en-;
|sued. Mr.. Mordecai asked bim II he nao
not made some remarks aoous ntiil; d,; I[. ".
McCarty replied, HWho are you nj, ne
then struck him in the face, think. Ihey
/ were both standing then, but they fell to-
4 wards the end of the fight, and Mr.. McCarty
was cut about the face. He bled good deal,
but 1t was not considered a severe cut.
think this was few days before the occur.
renee spoken Of at Oakwood. Mr.. aROyall
separated the gentlemen, but don't remem.
| ber the remarks that were made. McCarty
| was conversing with me when Mr.. Morde.
! cal came in. He stood there some time be-
fore he addressed Mr.. McCarty. In reply TO
| Mordecai's question McCarty said, " Who
are you ?o Mr.sMnrdecai said !, g Z. lama gen
ftlema,l." Mr.. Mccayty replied g Indeed,
are your" After the fight the parties went
out.
| THE CLUB HOUSE SERVANT.
William Isham, the coored barkeeper
at the Clubhouse, next depcsed. He said
that Mr.. Hatcher and Mr.. McCarty had been
talking at the bar, when Mr. Mordecai came
| in and ordered drink. While | was
j mixing it saw Mr.. Mordecai walk up to
Mr.. McCarty and ask him if meant those
remarks to apply to him.
Mr.. McCarIy replied: Who are you?
Mr.. Mordecai: I am gentleman, sir.
Dir. McCarty: Indeed
He then struck him, and fight ensued. l
went upstairs to get some one to separate
them; found Mr. Royal, and he parted
them. This is about all that know OF II.
| DIR. BARKSDALE RESUMES HIS STATEMENT.
Mr.. Wise said that he desired next to call
DR.. Cullen, as he had been summoned, but
until he came into court he would continue
the examination of DR.. Barksdale.
Mr.. Wise: DR.. Barksdae, were you one OF
the physicians who attended Mr.. Mordccal
| Or. Barksdale: No, sir; did not.
| Mr.. Wise Did you see DR.. Cullen on the
9th of May, 1878?
DR.. Barksdale: Yes, sir, at my office, in
the morning and in the afternoon after o
| ten or twenty minutes after 5-at my office.
No one else was present.
| Mr.. Wise What was that conversation?
Mr.. Page: Wait; we take an exception.
MIR. Crump: If it please your Honor, we
don't think that the foundation has been
laid for any such testimony. We don't see
any difference in the aspect Of the case to-
day and yesterday.
The Court: think there is difference in
the aspect of the case. I think the founda-
tion has been laid for such testimony.
Mr.. Crump: Do you desire to hear argu-
ment on this point?
The Court: am willing to hear argu-
ment.
Mr.. Crump: We don't want to consume
any time in useless argument. Is your mind
made up about it?
The Court: My mind is very clear on the
subject.
The Court Ito Major Poe): Major Poe, in
what capacity did you think Or. Cullen was
acting when you went upon the ground? +
Major Poe: | thought he seemed to be
acting as. Mr. McCarty's surgeon.
Mr.. Crump: Now, sir, is that legal
Mr. Octd: Isn't that asking the witness
| his impression? Our objection is to the
manner in which the question is framed.
The Court: asked him the distinct ques-
lion what he saw.
The Court: In what capacity did be act,
Major Poe, when ycl saw him on the leld 7
Major Poe: AS doctor.
Mr.. Page: We desire to renew our o5Jec-
tion to the ruling of the Court on this point.
TO our apprehension the case is not changed
from W hat it was on yesterday. The only tes-
timohy eaich hos hos ,1een introduced to show
that DR.. Cullen was connected as pdThcepS
crininis is the statement of Major Poe,
the Chief of Police, that DR.. Cullen was act
ing as physician. 1t Is now proposed TO
prove the declarations of DR.. Cullen to
establish the fact that he was connected with
the affair. No fair and unprejudiced mind
can say that prinla fdcie case of guilt has
been made out There is not one iota. of
testimony to prove that Met Carly and Cullen
ever met until Cullen was performing the
humane act Of physician.
The Court: expect the jury had better
take a little recess while this argument is
going on. .a.l,,
This was agreed to, and the jury left the
courtroom IN the custody Of the sergeant.
Mr.. Wise replied to MIR. Page, and said
that it is before the court that DR.. Cullen has
sworn that he cannot testify. 1t has been
proven that the Chief Of Police found two
gentlemen in retired place near Oakwood.
| DR.. Cullen was there, with whiskey and other
articles necessary, acting as a physician.
There were six men there. One of the JUS
tices of England has declared that their ST.
lence is an admission Of guilt. (Here MIR.
Wise read the authority on which the state
ment was made] Can it be said that no
primd facie case has been made? Has not
every one of the parties declined to explain
DR.. Cullen has not shown, and no testimony
has shown, that he was not there all the time.
| He doesn't come before this court and show
that he was there by accident. The Com
| monWealth shows that he was there with
strong drinks. Was he there by accident
| who could better explain this matter than
hep But he comes before this court and
seals his lips. He tells Of his constitutional
privileges, and decliues to say that he was
there by accident. zFs s>
/ hIr. Crump replied to Mr.. Wise, and said
he was dealing with those clear and simple
and divine rules of law which are designed
for human protection-rules which the court
would never consciously violate. If DR..
| Cullen was under prosecution, why his
silence His refusal to explain might be
| used as evidence against him. But Is he
under prosecutions On The contrary, is he
not witness? he has refused to testify,
and we can no more reach him than the
Commonwealth can reach him. You can't
prove BY DR.. Cullen's declarations that he
and Page McCarty conspired to murder
John b. Mordecai. You can't give the
statement of hearsay testimony of what you
have heard party say. Suppose Dr.. Gull
lien was dead-then he could not testi-
tfy. Could his declarations then be
used against Mr.. McCarty The Attorney
tc. - hiQ denial