Daily Republican., 1883-09-21
ED|T|9|
COURT THIS MORNINC
spittall's Trial COutinuea r.
tho November Tenn

8puGtoul'o I1uou CO0t1nUed r.
the November Term,
Court convened at 10 o'clo., .
morning with Chief Jus,ice ,n Ca,
and Associate Judges Wootten' '0ue
ton and Wales on the bench Na ms
was done for at least half an hou, mu'a! lt
opening, and then the States ' A,.o
said that he was obliged to ash i''S w
continuance In the case of the JS s,a. 'ot
Richard Spittall, indicted for '"'s ""',
In the first degree. "u'a
He said that the principal wi,r..
for the State were the physicianS ss
hospital In philadelphia, and '".
them had promised TO be nressn, vAs
had since notified him that hs ~,
not possibly attend at this term wy
He felt that he conld not 90 n ,.
at present, In justice to the Stato ~
as he had exhausted every mean
his power to obtain these Witness.
felt that he had performed his dr..
These witnesses were beyond the I iu
diction of this Court, and could nv nv
compelled to attend. ."
MIR. Gray then handed the teleg,,,
and correspondence, that had eass @
between the witnesse. and Lim.pIS
the Court, and they were read NV y,
of the Judges. William G. Whitss
Esq, counsel for the prisoner ohs@.
to u continuance and said thai h.
ready for trial at this term.
He said the constitution pporar...
every man a speedy trial, and while
believed the States Attorney had do
all in his power to secure the attsu,
ance of the witnesses, still he shondl
sist on the trial being taken up h
tern.
Mr.. Gray said that while it was m
seldom that the State was COMPELLED
ask tor continuance in a capital q.
yet such contingency was contemDl
ted by the law, provided that whers
capital case was not tried through N
fault of the State ut the first term sh,
1t happened, the prisoner would be d
titled to be released on bail.
The Court after consu ltation, decids
to continue the case until the Noyelnb
term, and also decided t hat he couldu
be released on bail.
The States Attorney said that he v.
ready in the case OF the State w. JOsep|
Price and Ottery Dumpson, bl
colored, indicted for assault au
battery, and the trial was commenced
Deputy States Attorney Cooper ap
peared for the State, and Walter Bacon
and Walter II. Hayes, Es1s., for the d,
fence. Charles Brown, colored, swOn
aud testified that on the fifth day
last j une, he attendeda picnic at Scheu
zen Park and was attacked by the pd
sOners. Dulnpson struck him with
base ball bat hai not laid anythinst
either of the men before the assault
Price threw a glass at him when ,h
witness was struck with the bat
kicked DumpsOn and ran.
Henry Bennett, colored, testified tia
he and Brown were in the ball rwu
when there was tight "kicked up
down stairs went down to SEE whs
vas The In.tttSr, and some one stul
Brown Oni y seen lone lick strutkl
and Brown ran with the crowd aita
nam saw Brown struck with a bsd
g.ass, but don't know whu threw it.
William Demby, colored, was ltlh
picnic and seen the fight but did ls
See frice or DnmpsOn present.
jacob Massey, colored, also seen th
night and seen the beer glass throw
but it did not come from the crowd.
David Jefferson, colored, was at th
Park when the fight took place, bu
don't know who threw the glass. IN
not see Dumpson in the crowd. TN
State closed With this witness, aud Nh
Bacon said that he represented Dump
son, and Mr.. Hayes appeared ia
Price.
James Berry, colored, testified ths|
he was at the picnic with DumlSa|
and did not auc aim strike Brown. Sas|
some one throw bottle or glass bd1
don't know who threw it. Saw BI0N1
" lien he came IN the crowd and oaId M
was AZ good as any man Oh the ground
he Then jumped up and kicked rrIceh|
the breast with both tee..
John BuIler, colOred, saw Brow
" hen he came 10 the ring, and htan|
him say LnaJ he WAS as good AS any
inan OH the ground he and Price Ls
some wUItis, when Brown strticn AllNI
but dlun't know whether he struck llD
with one tUol or both did not 'c]
Pllce strike him in return wiluo1
WAS on the ground with band. =,
Edward "A. Singles testified thai !
had known Price Iur tour or live ycaA
ANA lie had always borne good repuY
ton.
Alonzo Bailey, colored, corrobolata
the previous Witnesses III regard TO 'n1
hight.
". n. Chandler testified that pfs
wOrked Tor him; had been with hlH
four years, and had always found bin
steady ana industrious.
Manville Anderson, colorcd, wa'S
the park dancing when the iigh '@l
pace saw DumpsOn and witness WIN
standing in the pavilion talking y"
Brown when he ran he was bIcellls
Columbia Anderson, colored, teSllnaI
that she Is the wife OF the previous VIZ
ness, and CoIroborat1d his statement y
reference to DuApson being III na
company in the pavilion when the hsa
took place, and said he did not lea'
her.
ElOise Anderson was not prtssu'
when the fight took place, buI na
Brown with MS head cut and bleeilas,
he said Ottery Duiupson had stfu,
him, but the next day when Cllal'ui
Duinpson passed his house, he poil''
him out as The man.
Several more witnesses were eAau
ined for character, and Court tDs'
adjourned until three o'clock this al''