Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1885-05-24
IRl TORN MOTT EXCLUDED.
Captain Eppe on the Stand
for Two Hours,
A Man Who Heard the Cries
Of a Woman.


His Honor Judge Atkins yesterday
morning in the Cluverius tkla'yeers)
ease decided that /" the torn note y was
inadmissible here as evidence. The ut
lie colored boy who brought TO the
American Hotels note (believed to have
been written and sent by prisoners 10
which this was an answer, has never
been found. So the Commonwealth has
not been able to connect the prisoner
with /" the torn note"; nor have
they ever been able 10 show that he had
any knowledge Of its existence. Hence
Il was excluded, and the Common
wealth thereby loses good point.
The witnesses examined yesterday
were Aaron watkins, eolored man
who alleges that he heard on the night
Of the murder woman's cries pro-
cecding from the direction Of the re-
servoir; Drs. Beals and j. G. Csbell,
who testified Is to an examination made
BY them Of the scratches on the pris-
oner's hand; Captain Charles II. Epps.
Of the police, who, with oficer Logan
8. Robins, arrested accused at Mrs.
Tunstall's, in King and Queen county;
and Messrs. Estis and Pierce, of King
and Queen, who testified to the account
given by prisoner as to how his hand
Was injured.
YesSsvday's Proceedings.
The court met at quarter to III
o'clock, and soon after Judge Atkins
took his sent upon the bench he said
81 have carefully examined the evil
dence with reference to the American
Hotel note, and am Of the opinion that
the note has not been sufficiently identi-
fed for its admission. In questions
like this, where il is sought to implicate
the accused by evidence of the acts and
accompanying declarations Of the de-
ceased which have not been cOmmuni-
Gated to the accused, the strictest proof
Of all the details should be required.
In this instance that evidence has not
been furnished, and therefore sustain
the objections made by the defence and
exclude the paper"
Aaros Watkins.
Aaron Watkins (colored) was the first
witness called. He said 4; | live in
Richmond, on Main street. On the 18th
Of March | was living on Cherry street,
about two hundred yards from the Hol-
lywood monument. i was at home on
the night Of the 18th Of March. | went |
home about half-past 10 o'clock and |
went to bed about III O'Clock. ! went
out doors before | went to bed. Iheard |
some one halloo. | heard two squalls.
The first one | did not understand.
The second one said go, Lord :" The
noise came from the direction Of the
reservoir. / went back in the house
md told my wife about it. l went out
10 see if l could hear anything more,
md / went as far as the monument.
The noise came from the direction OF
The reservoir, and heard some dogs
barking at the time.
"oH, LORD"
To the defence the witness said:
think | was working on Church Hill
that day (the l3th), doing some plaster
ing. ] heard a voice saying, 80
Lord !" That was all heard. ] don't
know how far my house is from the
reservoir. l was on the hill when |
heard the cry. IL was starlight night.
1t was not very cold, but it was cold
enough TO sit by TIE Gre. 1t could not
have been over three minutes between
the time heard the first cry and the
second one. | went up to the
and not seeing or
hearing anything more, went back to
the house. | did not want to risk my
self. The next day i went down to
the store where my boss was. / don't
know who first tsld this to. j think
il was the next Monday that | first
spoke about it. heard Saturday that
some one had been found in the reser-
yoir. ] think it was Thursday night |
heard the cries. was at the store
Friday night. got paid off that
night. ! have been talking about the
matter since was summoned to court.
Sergeant Hulce summoned me. | can
not remember any one whom talked
10 since | was summoned. never
gave my evidence before the Coroner.
THOUGHT SOME oNEwAs FIGHTING.
To the prosecution; was down at
the Police Court when the case was
called, but did not give my testimony
because the case was not called, From
the noise first heard thought it was
some one fighting. ! went there for
the purpose Of helping any one | might
see in distress. The dogs were barking
in the same direction that | heard the
noise.
THE OTHER SIDE.
The cross-questioning Of the defence
went to show that they had no faith at
ell in this witness; that If he heard any
cries ct all, he had no more reason to
suspect that they came from the reser-
voir than any other direction; thathe was
too far away frem the reservoir to hear
cries, il any were uttered, and that
he was uncertain Of the night-whetheI
Thursday or friday-on which he said
he heard the cries spoken OF.
LONG OR SHORT MEMORY.
Juror Harrison Did this sound tina
you heard seem like male ora female
voice?
Witness: Like female voice.
Colonel Aylett; What night wa
thiss
Friday night.
Judge Crump: How do you know
that il was Friday nights
Because ] was paid of on Friday
night. Mr.. j. ID. Carneal paid me
/. He paid me "a or IS; paid about
o'clock Friday night.
Where were you between o'clocl
end the time you went home?