The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1884-01-31

offered In evidence.
The cross-exrmination was conducted by Mr..
Emery and was long and searching. 1t con-
sisted mostly in critical review Of the testi-
mony given on the direct examination and spe-
and the way the wounded man was lying on it.
Nothing material was ELECTED not given before,
though the witness added qualifications to
some former statements.
The next witness was
GEO. z. FooTK,
a resident of Dover, and the man Of whom the
revolver was purchased,
His testimony was that on the twelfth day Of
November he sold a revolver to stranger, a
small man, soon after O'Clock p. m. BE was
busy with his customers, and among others
this man came in and bought revolver for So.
He sold no cartridges with it, but made the
man present of single one, taken from q
drawer he had full of odd cartridges. He
showed the purchaser how to use the pistol,
and noticed the cartridge was rather q loose
fit. The man was not content with " or 81
calibre, but wanted heavier one; the one ne
purchased was q central fire, 3S calibre.
The cross-sxsmination was brief. Mr.. Foote
CUuIun uEhOklu0 tun ppA6OA WIZ DoN6As chO
pistol OF him, other than he was small man
and poorly dressed, like laborer.
MORTIMER L. RAyNEs
was the next witness. He was clerk in the
store of A. P. Wendell, Portsmouth, N. H.,
and on Nov. 18th last past sold some cartridges
about 8 o'clock to a young man, dressed as
laborer, who called for them. The young man
took single carthage, and asked II he could
have 1t minute. he took 1t and left tn :
store; then same back in a moment and said
they would do, asked the price and bought Six
or seven, for which he paid ten cents.
On cross-examination the witness was sharp
IL interrogated on his ability to recall this par
ticular incident, and the fact was elected that
Mr.. Neatly, the coroner had brought the cir
cumstance to his mind.
LYMAN sPINNEY,
the next witness, is Kittery man and lives
mile and half from the house OF Thomas
Barrows. His direct testimony showed that
on the night of Nov. 14th he left the house OF
Ephraim G. Spinney and reached his homo
about o'clock. He was awakened by yeung
man who wished to find Ephraim Spinney, the
circumstances of his going and finding that
Spinnsy was not q coroner were given, and
house of Thomas Barrows. With reference to
what was done after reaching the house his
testimony was simply q repetition OF that given
by Coroner Neatly, and corroborated it In ev-
cry essential particular.
The effort Of defendants counsel when
cross-examiDing the witness was plainly to test
his power of observation, and to see il q vari-
ance could be found between his testimony
and that of the coroner. The cross question
ing was q matter of few moments.
Before the prosecution had finished with the
witness on the redirect examination the court
adjourned.
Aftcrneon Session.
The same large crowd and the same intru-
sion of the tender sex on the lower floor, was
noted in the afternoon. So many were present
that the reporters came near having to sit on
the floor, and one genial suill-driver actually
stood for twenty minutes before the court off,
GERS foand him seat. The testimony was as
sensational as that of the morning, and the
production Of the femur and the skull Of the
murdered man created profound stiffness
among the large audience, and eager attention
was given to the testimony Of the surgeon.
Lyman Spinuey was on the stand few mo
ing new.
Dr. FREDERIC e. POTTER,
of Portsmouth. was next called by the govern
ment. DR.. Potter has beszfin practice twenty
four years, six OF which were spent in the reg
ular army service. His testimony was that be
was called to hold an autopsy upon q body
Nov 22d. He went to the place where the
body was; it was exhumed and identified by
Mr.. Neally, and he performed an autopsy upon
it. The subject was man of slight build and
medium stature, weighing perhaps one hun
dred and fifty pounds, and being about feet
inches in height. There we're nine wouRds on
the body; two on the leg below the knee, four
in the thigh, one in the forearm, and one in
the arm, two inches above the elbow, and
in the head. The direction Of the ball in the
brain was downwards and backward, and was
found at the base of the brain, IN the DledulL1
ObLongatG, and from thence remeved.t He gave
the ball to Coroner Neatly. The effect of such
a wound was complete paralysis; man with
such a wound could not possibly move himself.
The bali below the knee entered the middle Of
the leg on the ouses edge, and passed trans
versely under the skin, making the wounds.
One ball which made a wound on the hip, en-
tered the rear portion of the hip, and was cut
ont from the lower part of the groin. The
ball which struck two inches below the hip
bone fractured it, and was removed with
pieces Of the thigh bone afterward. At this
attached, was produced, and from it the DR..
explained the wounds to the iury.] Another
ball. lodged In the neck of the thigh bone, was
found. The bullet entered the posterior part
Of the hip, passed inward and upward, and
lodged in the neck of the thigh bone, and is
still there. The wound in the brain was made
by the same bullet which passed through two
parts of the arm. Placing the arm in the posi-
tion it was when the body was found-ths po-
sition being illustrated by the Dr.-and a
o. s~ko f6A &I~AA hN1A ,iah
would then be in a line. The skull, showing
q round hole in the left side, was then pro-
duced.l A person could not have inflicted
these wounds himself; the one in the skull
was necessarily fatal, and from the nature of
all the wounds they were probably inflicted
highly improbable that with such wounds as
those in the hip, man could go far.
The cross-examination of DR.. Potter was
brief, but resulted in bringing ont some facts
from which the defense may take comfort.
None of the wounds would affect the sight
other than the wound in the skull, and from
the skull wound one cannot tell whether it
was received by Barrows standing or lying
down. He extracted but three bullets and was
perhaps unable to identify more than one OF
them. The bullets are not alike, the one In
the brain was hst-based ball and uncham-
bersd, the others were eLambered balls. At
the time he saw the ball taken from the skull
he expressed an opinion that the pistol would
not carry such ball, but he was not an ex-
pert and did not think his opinion on that point
was infallible.
DE-. s. c. GORDON OF PORTLAND
was the next witness, His testimony was in
support Of that given by DR.. Potter. 1t was
briefly, he had heard the testimony Of DR.. Pot
ter and had no doubt but that such a wound
in the skull az the one described would result
In paralysis of the brain and instant dea tn.
The femer was handed the Doctor and the
wounds again shown the jury. The wound in
the thigh was probable given when the person
held the limb at nearly right angle with the
body, and the hip wound was probably given
from the rear. long wrangle arose among
the counsel over hypothetical question; the
County Attorney wished to ask the witness,
but the question was finally 80 moulded as to
be admitted by the Court. The defence OBJ
jected, but as no reason was assigned the Court
refused to have 1t recorded, and the matter
was left thus with the statement on the part of
counsel for the defence that they would object
whether their objection were entertained or
not.
The cross-sxamination of the witness was
and unimportsnt
DR.. CHARLES W. BRAY,