The Memphis appeal. [volume] (Memphis, Tenn.) 1886-1890, 1888-03-30


after the shooting Heard the shooting.
Talked about but didn't tell anybody what
he knew. The State insisted over the OBJ
lection OF the defense that il could examine
the witness as TO discussions OF the case
pro and con in his hearing and as to the
nature of the testimony being given while
he was in the courtroom during the ha-
beas corpus trial, with view to show oc-
casions when the witness was under duty
to tell what he knew. The jury and the
witness were withdrawn and the objection
was argued at some length. The court de-
cided that II would not allow further in
quiry in that direction. recess was then
Q2:30 o'clock taken till o'clock.
AFTERNOON SESSION.
The Jury was brought in at 8 o'clock,
and the witness, M. ]. Hart, was placed ON
the stand, and in answer TO questions pro-
pounded by the State testified as follows:
Was at No. 2l0 Gallatin street visiting be-
fore he started home. Lives at No. Gil
South President street. The shooting was
somewhere about 10 O'Clock. Crossed from
the north to the south side OF Capitol
street at the depot. An engine was stand
ing at the depot, but didn't notice the
train. Didn't notice any hacks at the de.
pot or any persons going TO the depot.
After the shooting came back on south
side OF the street TO the depot, crossed TO
the north side and went TO the Lawrence
house. Got a glass OF beer. Went from
there to Mr.. Schwartz's and from there
home. Didn't see anybody at home that
night. Saw his parents and sister next
morning. Told them at Schwartz's that
there was shooting at the bridge. Didn't
tell them what he had seen. Mentioned
the persons whom he met at Dreyfus'.
Said before dinner that he had not told
anybody what he knew Stayed at
Schwartz's few minutes. Might
have gone nearer way home after
the shooting il he had wanted to- than by
the Lawrence house. When he did 20
home went over the bridge. Gambrelps
body was Just being moved. II he went
TO the courthouse during the trial more
than once, il was not TO listen 10 the trial.
Went there another time ON business with
the mayor Was not before the coroner's
Jury. Did not know the case was being
investigated till after verdict had been
reached. Judge McGill, Nose Schwartz
and one or two Others were present at the
Jail when witness visited the Jail. Passed
four men between the Edwards house and
the bridge. Two of them were standing
on the southwest corner OF Capitol and
Parish street, he thinks, aud two were be-
tween Roach street and the Edwards
house. Did not notice the color OF those
standing at the corner Of Parish street.
Knew Col. Hamilton's carriage by the
color OF the horse.
". X. TODD
lives at Clinton. Is physician. Knew
Roderick Gambrcll in his lifetime. Had
known him eight or ten years. Had con-
versation with him Monday or Tuesday
morning preceding the killing. Had pre-
yiously told witness that he was going TO
print an article regarding Col. Hamilton,
and meeting witness on the street asked
him II he had seen II. Witness replied
that he had not. Gambrell said he had
given him Its, and said that Hamilton had
been instrumental In beating him out OF
the public printing, but he would never
live 10 do Il again. Gambrcll also said
that Hamilton would not fight. That he
had challenged him. Was on the ears
with Gambrell the day he was killed,
when he was going 10 Clinton.
Cross-examined-Do Doesn't recollecta con-
yorsation with $. NJ. Ellis In regard TO the
killing on the 9th Of May. Read both tho
articles after the killing. Witness under
stood that he referred TO the article OF the
90th, people will Talk" Was not on
either side at the commencement OF the
thing, Didn't know Col. Hamilton, and
had no respect Tor his politics Is friendly
90 Col. Hamilton. Is an unwilling wit
ness.
LAMAR FoSTAISK
il n civil engineer and has been since 1852.
Made the maps in evidence and Identifies
them. They correctly represent the
streets, houses and distances. They are
the result Of actual surveys, made with the
most improved instruments, such as are
used in railroad building. The witness
then pointed out and explained the loca-
tion oil the various objects presented on
the map and their location relative 10 each
other. and explained various lines he had
drawn ON and about the bridge and mp.
proachcs, the points where there were
bullet marks, etc. He also identified a
map Of the depot grounds on which Is dis.
PLAYED the ground plan Of train Of cars
standing ON the Nicksburg & Meridian
road In the usual place when
about 10 20 east This was with
n view 10 impcach tho crcdibiliiy
Of the witness King Measured the width
Of the iron chord. II Is twelve inches
wide In warm weather and little less In
cold weather. II is called a twelve inch
chord. Witness told about all the bullet
marks and the angles Of entrance, Incl.
dence and reflection, and how he asccr.
taincd these angles. According 10 his OBJ.
scryations, the direction Travelled by the
ball that entered the post in the wirc
fence was from the wooden post at the
northwest corner Of the bridge. This u
the only shot found on or about IN,
bridge concerning which thcrc is much
dispute. Witness tcsiiiying further IN
answer 10 inquiries by the State, said that
the bullet holes In the wooden post at the
northwest corner of the bridge was made
by n 3s-calibcr bullet.
As soon ~ Mr.. Fontaine had quit the
stand and the Jury had been withdrawn.
Judge Mayers said he desired 20 say
something 10 Everybody In the courtroom
meaning no oflcnse 10 any gentleman
II was that II any one should come int
the courtroom armed with n dcadl,
weapon, aud II came 10 his knowledge, he
would inhict all the penalties known Il
the law and punish him for contempt.
Mr.. lluddleston asked II the court In,
tended 10 use any means 10 enforce ODE
diencc 10 iis order, and Judge Mayors re
sponded by instructing the sheriff 10 In
quirc of all persons entering the court
room II they were armed. Mr.. Huddlc
slon expressed the opinion that II wa
within the power Of the court 10 order
search TO be made, and Judge Calhoun
concurred. Thenupon the court ordorc,
that nil perons hereafter coming int
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