The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1879-03-25

it did not appear that witness then used the
words for your action this morning"
FIRST SIGHT OF poINDEXTER-" STAND BACK"
Further to Mr. Young: Ny recollection
is that IStold Curtis, "Gct in there" or,
"You must go in there" into the room
where PoindeXter wasl. / am not positive
whether or not Curtis was starting into the
room when | made that declaration. He
preceded me into the room where PoindeX-
ter was. My impression Is that PoindeXter
had one leg on the stool; but about that i
am not sure. He stepped back from it
got away from the stool. I did not hear
PoindcNter say anything when Curtis ad-
vanced upon him with the stick. After the
shooting I did hear Poi1deXter say some
thing. Don't recollect hearing Poindexter
say "Stand back" PoindeXter certainly
retreated some.
Here Gt being 81 o'clock) the court took
recess until 81 P. M. .....s
EXAMINATION OF MR.. N'GUIRE CONTINUED.
After the recess Mr.. MCGUIRE resumed
the witness stand. .-...
To Mr.. Young: Mr. Poindcxter retreated
to within few inches OF the wall; but
whether.or not he was there when the con-
test. closed cannot say. The blows OF
Curtis were rapid and undiminshed in
strength, as Far as I could Judge, until he
fell. PoindeXtcr could not have gotten ont
OF the room without passing Curtis or going
over the partition. / think | caught Cur
tis's head before il touched the floor; it
NAV, however, have struck some piece Of
furniture. PoindcXtcr exclaimed, in terms
OF great distress. after Curtis fell, q didn't
want to kill the man; you all do all you can
for him." I went out Immediately after a
doctor. Upon my return I said, eve are
all going 10 stand up to this, think, and
we had better call in an officer OF the law.'
PoindeXter told me where to find one.
policeman had come in before returned
with the magistrate. / DIDN'T perceive That
Curtis had been wounded at all until he fell.
TIE BLOWS AND SHOTS.
| To Mr.. J. s. Wise: Yes, that is the stick
[stIck shownl. ! didn't hear PoindcXter
warn Curtis of. | was III such position
in PuindcXter'S room that PoindcXter could
have seen me. Don't rcco!lect saying TO
Curtis, "What did you come Down here
for?" PoindeXter's attitude was OF man
who intended 70 fire. Though did not see
the pistol, l was aware that he had 1t. Mr.
Curtis WAS about my size. The last time |
! weighed | weighed about 125. Can't say
whether Curtis was heavier than | am. lie
WAS about my size and height.
THE RETREAT.
TO Commonwcalth's Attorney BY I'M
preston is that PoindeXtcr warded Off the
blows with the left arm while he fired five
times from the right hip. The two men
were close together. [rhe distance that
PoindcNtcr rctreatcd from his stool was, it
seemed from Mr.. NcGuirc's statement,
some four fect.l No, sir; there was no.
body at the back-docr to prevent PoindeN-
! tar r,,atr ipf inf
tered. PoindeXter could have spoken to
Mr.. Lyon through the partition window.
Curtis and beth had TO pass Mr.. Lyon be-
fore getting into PoindcNtcr's room. Poin-
dexter was the taller Of the two mcr. The
room was not large enough for Curtis
to WELD the stick around. lie had to strike
over Did not see any marks OF Curts's
blows upon PoindeNtcr's person.
THE STICK.
To Mr.. Young: There was no shot until
I told Curtis to "beat him." think the
firing and striking were nearly simuta-
neous. There WAS no firing until Curtis adj
vanced. No; have no accurate Informs
lion aboutthe size OF Curtis.
To the Judge: ] think Curtis had the
larger end OF the stick in his hand /: that is
my conviction.
To Judge Minor: never was III that Of
fee before or after the occurrence.
Mr.. J. S. Wise reminded Mr.. Pearcc, the
Juror, OF the question he had proposed 10
ask.
Mr.. Pearce said he was satisfied with the
information already elected.
Mr.. Young aud Judge Minor asked the
witness number Of questions, intended 10
show that the movement OF Curtis and Nc
Gllire from the front Office into PolndeX-
tcr's room was too rapid for poindcNtcr to
escape into the back Office il lie had so
wished. Also, some questions about the
stick (Which is of hickory, and over an inch
in diameter at the upper cndD. defence SEEM
ing 10 hold, from the character of the break
in the bark, that Curtis held the smaller end
in his hand.
Allen Ne. Lyon.
This gentleman was next sworn. He cN-
hibited diagram of the office OF John n.
| Ch!ldrey 4 Co.. where the shooting took
place; and explained it to tie jury. 1t was
arranged that the jury should visit the Office
this morning before they are brought into
court.] His evidence in chief was, OF course,
mostlya repetition OF his statement to the
Coroner'S jury. 1t varied from Mr.. Nc
Cures in several particulars.
THE PRETTY SHOE.
Mr.. Lyon, in the coursc of his evidence,
said that something occurred just prior to
the conflict which led linn to believe that
Curtis was the gentleman with whom he
| PoindcXtcr) had had difficulty"
The Commonwcaltll's Attorney did not
catch the witness words, and he asked
that they be repeated. Mr.. Young objected.
Very shortly afterwards the Common
wcalth'S Attorney pronoundcd question
which was calculated to bring out the story.
The Judge and Mr.. Young said il any
part of the story was to be told the whole
Of l. should be.
The Commonwealth's Attorney agreed to
| the proposition.
Mr. Lyon then went on and recitcd what
PoindeXtcr had told hinl-in effect that
| PoindeNter said that that morning he had
horscwhipped 4 man. That was between 8
and 10 O'Clock. 81 don't know whether he
told me voluntarily or I asked him who 1t
was or what it was about. He said that 1t
was 4 Young man named Curtis, at Wingo.
| Elicit IL Crumbs store, who had insued
laGy about q pair OF shoes. Curtis had said
that it Was very pretty little fool that went
into that shoe, and he would like to put it
on. This was reiterated two or three times
| to the lady"
That was about the gist Of what PoindeX-
| ter told Mr.. Lyon.
ANOTHER EXCEPTION.
By the time Mr.. Lyon had concluded the
above relation of PoindeNter's story TO MN,
Mr. Young objected to the matter going 10
the jury.
The Court oycrruled the objection.
Mr.. Young excepted. He wished to go