The Memphis appeal. [volume] (Memphis, Tenn.) 1886-1890, 1888-03-17
The State Agrees and the Court
Rules 1t Incompetent.
The Court Adjourns to Await the
Arrival of Witnesses.
Armine Seutter, the Photographer,
Examined at Length.
he Took the Photographs offered as
Testimony In the First Trial and
Makes Deductions Therefrom
Col. Nugent's Tests.


BRANDON, Miss, March l6.-The court
was called to order this morning shortly
after o'clock. As soon as the Judge took
the bench, Judge Calhoun said that before
the jury was brought out the defense was
ready TO respond to the States inquiry
concerning the introduction of the testi-
mony Of the deceased witness, L. ID. Fitz-
gerald, taken in the habeas corpus trial;
that the defense objected TO its introduc-
ton, because much OF il is maniiestly in
competent; that while this objection might
be obviated by the rulings of the court on
specific objection, fatal objection 10 the
whole OF il is that Hamilton was not per-
sonally present at the habeas corpus trial
and never enjoyed his constitutional right
10 be confronted by the witness and to
cross-examine him. There witness was in
troduced by Eubanks on the hearing OF his
petition; here the State offers the testi-
mony, and il is Of the greatest Importance
for Hamilton TO have an opportunity for
cross-examination, which is not possible
under the circumstances; still the defense
was willing that the testimony OF the wit
ness given on the examination in chief
should be read, but objects 10 the reading
of the testimony given Oh the cross-ex-
animation.
Mr.. Alexander supplemented the state
ment Of Judge Calhoun by saying that the
testimony OF the witness was adopted by
Hamilton, but US IFS competency here was
doubtful the State would not insist on its
introduction. Court ruled testimony in
competent. The State being again with
out witnesses, the court adjoured until the
arrival OF the freight train from Jackson.
AFTERNOON sEssIoN.
The court was called TO order again at .
o'clock, when Armine Seutier, who made
the photographs heretofore referred TO,
was seated on the stand. lie testified as
follows Lived last May in jackson; lives
there still; is n photographer, and took the
photographs offered in evidence. His gal
lery is l75 yards from the bridge. Was In
his gallery the night Gambrell was shot.
His attention was first attracted by loud
report, as OF q gun. Then heard the
cry OF murder" ond then small
report. lie has hunted good deal. and
the first shot sounded a good deal like
single barrel shotgun with which he used
10 hunt. First was the loud report, then
the cry OF murder, then loud report and
then two or three shots In line, and then
a ''bunch Of shots" meaning loud and
small shots fred together, which lac could
not count. His sense Of hearing Is fine.
Witness had bowl in his hands and
when he heard the cry Of murder he
paused, and when he heard the fusilade
he was In the door. Glanced toward the
bridge, but some trees obsiructcd his view.
Witness heard no carriage or vehicle pass
ing. The sound OF vehicles passing over
the bridge Is distinguishablc. Has heard
the street car cross the bridge a mile and
half away. When witness heard shots
he was attentive with the sense Of hearing.
The bridge IL made OF iron and the
sound Of vehicles is louder than on
the ordinary country bridges. The bridge
Is about twenty feet high aud about sixty
feet in length. The frame work Is iron
and the floor " oak or pine. After the
shooting witness went 90 the bridge, but
did not sec Gambrell nor Hamilton.
Witness identified tho photographs and
indicated the points from which they
were taken. lie also told of the bullet
marks In the post and ON the footwalk,
and the situation of his gallery with refer
ence 10 other points referred 90 by the pre-
ceding witness. The roadway from Wit
ncss Winters TO the bridge was as smooth
and level at the time OF the shooting ns Il
II now. The night was bright aud every
thing was quiet and still. The photo
graphs were taken from week 10 two
weeks after the homicide.
Cross-examincd-The witness indicated
by knocks the order In which tho shots
were fired, number OF shots fired aud the
time consumed. llo made two knocks
with q slight pause between each. then
eight knocks In quick succession, followed
by knock after a short interval, the
whole taking less than five seconds. Wit
ncss says he Is above the average In shoot.
ing and can kill three or four birds out Of
FIVE on the wing Witness indicated tho
points at which his camera was placed
when taking the eleven photographs here
tofore referred 10. lie can determine
size, directions and distances from photo
graphs His rule n experience. lie was
submitted 10 various tests by Col. Nugent
who cross-examined him. Could not tell
how far the telegraph post on one Of the
pictures II from McDonnell's shop
/ give that up. Can tell from the
picture shown that II was taken
about I o'clock. Can't tell the length
Of boiler shown on the picture. because
the camera was too close 20 the end OF H.
Witness thought that person could con.
ceal himself behind the chord Of the
bridge. Tried II, and stood under the
chord about two feet from the end Of II.
Witness Judged that anything eighteen
inches wide would conceal a man; assumed
that the chord was eighteen inches wide.
Thinks that II Il Is fourteen inches wide II
would conceal man, and 10 II II Is twelve
inches wide. II II is ten inches wide II
would conceal very thin man. Never
noticed at what point person approach
ing the bridge on the northwest approach
could see person standing under the
chord al the northwest corner OF the
bridge.
Croes-exnmlned-1s not prepared 10 say
that there we're not other shots that he did
not hear. Does not hear the street car
every time Il crosses the bridge, because
he Is not paying any attention 70 y. Doe.
not recollect 10 have heard the train come
In the night Of the killing. The street car
crosses the bridge frequently and witness