, 1879-06-11

ordered Elm out Of the yard aud mado motion
~ IT ho wAa going to nut his hand In hia pocket,
and lo (Carcy) pulled and shot him. He sstl
lic wis tn the barn nll night covered up with
iaY. ~ the ht1tlon the revolver ~na found 10
On tho cross, witncss said Carey seemed merry
ous. ilc dld not say that he had allot IN self
defense. Witness had converabtlons with Carey
10 1aIl while he was crazy Or pretending 10 10
Q.-ls II not a fact that Dr. aclger gave cer-
tifcate that ho WAS crazt7
Objected 10, and objection sustained.
POLICEMAN Nto11AkL Marley
testified ~ to tho search for Carey, aud to his
ssE @t' q @ san' ass ssea :s "1ss ss
barn for TIC revolver, and found some clothing,
Q butcher-knife. ind whisky -bottlo. llo asked
Caroy at The station Whist he WAS going to do
IT.. IT. s k nd II ' sa1d .s hs Tss eons e
WAS good for cutting bread. -
On the cross, witness sa,d that Carey told
reporter Of the Sur, in h!s prcscucc, tmi lle shot
uegwctp III sctldclcnse.
On tie redlrect, witness slsted that be saw
no marks OF violence on Carey, nor did he COM
Mr.. Sarah Stafford, Of No. aa7 swan street,
testified that she knew Carey, and saw him ID
ne.a 10 xii hln,' Ae ssid, "Yss; Il Idtdn't
kill him te might have killed me-" A fer days
ago sho had 4 conversation with Carey IN tho
ante-room of the Court. Mr.. Carmichael took
@ ass s,' Of ts0qstns ' Word T'' ss,S 'eGa. IT.
atcad Of s.m,eht,'' Carmichael said II
witness testified to what he heard shc was
going to, It would put halter around Carey's
neck. Carey satd he didn't remember The cou-
rersatlor, but II witness satd 30, Il was true,--
that hs A.dn't Want anY one to talI lie for him.
"A. y. Tcrhunc, druRgiat, testified TO seeing
Hegwein on tha n'aht Of the murder, and To
hls saynE That Carey sl,os him. Wi!ncss' store
fash Of Tho pistol which seemed to bo con.
sidcrably aboyo tllo fence, and his iden was that
HeQwc!n had shot out of the Window. Witness
knew Hc9wen, and Ind never aeon him have 4
revolver.
ANNIE r. uE0wErF,
formerly Mrs. Csroy, testified that sho was d.
vorced from him June 4, 1873. Atax IIcpwclu
WAS her brother. lie lived at her house, and
supported ber md her children.
Jud0. MeAl,iater asked II the defense admit
court Of competent Jurisdiction.
Mr.. Carmichael said they did.
Witness continued; and, after telling OF her
brothers. movements early Ia the evening, said
stairs. she 5sard t.1fine. H. IL .aid, AID SWa.t % dc Do
ron wantl" Some one sad,-she rocoRuIzcd
drsn;" IN second, sho saw = lash and
sara as sou9 sho' uh9ss ss sss heard Su1;
al made by her brother, and then SON. cue ran
up tho stons. She put her back against the door,
mud fastened the door With stick. Then si1e
opened window and cried out that Carey had
hhot her brother. Carey ran down. She did
not see him; it was too dark. She was afraid
Of him,
On the cross, she said she did not testify be-
fore the Coroner's Jury that icr brother told
Carey be did pot want him hanging around
there. She did nor tell Mrs. Carson that,
It was not the understanding, when The
decree Of divorce wns obtained, that Carey
was to have the privilege of visiting the chIl-
dren. Carer was paid $l50, for what she didn't
kpo1. It was moi Tor withdrawing bis answer
ehe thoutht It was on account OF house
owned BY her father. 1lSr fntller never decided
any property to Carey. She never gnyo him any
money, o1eeos once, wfcu he asked her for TO
cents TO get meal,-tlat he was starving, and
she took pity on fEni. Tint was while tic bill
for divorce was pending. Buc went to the jail
To sen him.
The cross- and rccross-examinntion OF the
Witncgs occupfed the remainder OF the sessiou
md elicited DO new iacts. An Adjournment
Was then taken until 10 o'clock this maEnlng,