The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1879-03-26

prepared form, and it would only be ne
cessary to take down the testimony OF Mr..
Carlton, and insert 1t.
The Judge said he had given no opinion
on this point. He had admitted the state
ment OF the prisoner to Dir. Lyon. that
statement being without objection from de-
fence. The Judge expressed his wish to
hear Mr. Young on this new point. G.
Mr.. Young said that he really couldn't
argue the point without arguing against the
opinion OF his Honor. Hc claimed to have
objected to the statement OF Mr.. Lyon.
After some further remarks the testimony
was allowed to come 10, the Judge thinking
that proper foundation for it had been laid.
TIE WHIPPING.
Mr.. Carlton said he had known Curtis
long time. Curtis was about the size OF
witness-was probably little taller, but
not 80 stout. Don't know. what deceased's;
weight was, but think it was about 120.
Curtis was near about the size of Mr.. Nc
Guire.
Witness then gave an account OF the pri-.
soner and bis brother Thomas coming into
the shOestore between 8 and 10 O'Clock A.,
NJ. and the orsewhipping OF deceased by
prisoner. 1t was essentially the same as his
evidence before the Coroner's Jury. After.
the whipping deceased went out OF the
store and stayed about half an hour and
cahae back, and went out again and never
returned.
| THE NOTWITHSTANDING.
To Mr.. Young: Poindexier didn't indi-
cate who the lady was that had been insult
ed farther than that she was the lady who
came with Mrs. Crumpon Saturday. About
whetherr deceased and prisoner shook hands
ct the door | am not positive. Yes, stated
to the Coroner's inquest that / was pretty
certain they shook hands; but am not
positive.
To the Judge: This happened on Mon
day, and on Wednesday, think, made my
statement to the Coroner's jury. HE was
mistaken; it was on Tuesday,
To Commonwealth's Attorney: Mr.. Poin-
dexter is taller than Mr.. Curtis was, and,
perhaps, stouter. Aftc- the Nessrs. Poin-
dexter left the store Curtis was very much
excited. My impression is that he lett the
store about nalf an hour after the whip
ping. He was in 4 state Of excitement up
to the time when he left. He was excited
when he returned and also when he finally
left the store.
JURORS QUESTIONS.
Mr.. Carlton to Mr.. Galloway, 4 Juror: !:
Curtis made no threats before leaving the
store.
To Mr.. Harwood, a Juror: 1t is not my
impression that Curtis and PondeXter
parted friendly; no, the manner did not
lead me to think it was reconciliation.
To Mr., Swetnam, Juror: 1 do not swear
that they shook hands.
Mr.. Young: But you believe it
Mr. Carlton: Yes, sir. I am certain, but
can't swear positively.
To Mr.. Pearce, Juror When Curtis left
the store first be said he was going TO see
some friends. Upon his return he did not
say that he had seen them. l did not ask
him.
..4 A REGULARITY.
Mr. Carlton to the Commonwealth At
torney: Yes, sir, noticed that Mr.. Curtis
had peculiarly in putting forward his
hand.
From the gesture of the witness, accom-
panyiug his answer, it seemed that Curtis
bad habit Of extending Tor otferingl bis
lhand-mecilanicallY as it were.
Mr.. Carlton said in the course OF his tes-
| timony, extracts from which are given
above, that in the store (and after the whip
ping, it secms) Poindexter shook his fist in
Curtis's face. He also stated that when ac-
cused Of insulting lady Curtis had said
that he had not done so knowingly, and
that he would beg pardon, &c.-about
which the public are informed already.
Mr.. Carlton having concluded, the Court
at 3:15 took recess until ) p. NJ.
The Jury was given in charge OF the Ser
geant (as on Monday, with the usual for
mallies.
Lest the report of the interview of the
Commonwealth's Attorney with Mr.. Nc.
| Adams on Sunday morning be misunder-
stood by some, it is perhaps we'll to say that
Mr. McAdams came to Captain Wise's
bouSe; that Captain Wise fully understood
and appreciated Mr. McAdamS's conScien-
! tious doubts rs 10 his competency as juror
and that the conversation was friendly and
kindly, and the greeting and parting OF the
two courteous and pleasant, as their rela.
| tions to each other have ever been.
MR.. CARLTON RECALLED.
To Mr.. Young: I did not say to Mr..
| Thomas PoindeXter after the Coroner's in
quest or at the Police Court that the young
| lady's name was mentioned at the store,
Did not say that didn't call her name in
nv testimony, but that Curtis had used it.
Think had some conversation with him
after gave in my testimony at the Coro-
ncr's INQUEST, but not about the young lady.
Yes. 7 desire to he understood Us repeat.
| ing here the statement l made before the
Coroner's jury-viz.: 81 thDk-in fact,
am pretty certain-that deceased and John
Poindeyter shook hands before PoindeXtcr
left the store"
| ...-.. THE PARTING.
Mr.. G.. D. Wise insisted on knowing what
was the manner and department OF the
two men.
Mr. Carlton: 1 don't think they parted
friendly.
To CONFERENCE.-The Attorney: The
blows PondeXter gave Curtis with tho
whip were right heavy.
Counsel for defence here submitted theil
bill OF exceptions as to the relevancy anC
admissibiity Of Mr.. Cartoons evidence. 1t
| included statement OF MIR. Cartoons evi.
dencc.
| CORONER TAYLOR RECALLED.
The Doctor described more minutely than
he had previously done the wound in the
forehead and the dangerous wound in the
| breast.
| To Commouwealth's Attorney: should
say that the wound in the forehead was the
| last. The others would not have necessa.
rily stopped the lighting. Don't think it
possible after that wound in the forehead
| for deceased to have done more than strike
| an automatic or invo untary blow.
Wilson Price (folored).
| Witness is shoemaker employed at
Wingo, Elicit & Crump's store.
He bad never before been examined at
length.
Was in the back part of the store about
9t o'clock, when the Messrs. PoindeXtel
came in. Didn't hear all that passed be-