The Memphis appeal. [volume] (Memphis, Tenn.) 1886-1890, 1888-03-10
He Cautions Counsel About the
Nature Of the Indictment.
The Question of Conspiracy Has
Been Decided Upon.
Examination Of tho Witness Jayne
Occupies Half tho Day.
Walter T.. Jones Gives the Best Testi.
mony Yot Adduced Concerning the
Beating OF tho Murdered Man
His Story In Fun.


BRANDON, Miss, March ., -Immediately
on the opening OF court this morning nc
tho usual hour Judge Mayors, in a clear
voice and without notes, announced his
opinion on the matter pending at adjourn
ment yesterday evening in the following
words The only view the court can take
Of this question IL It's legal aspect. Tho
defendant stands indicted for the murder
Of X. d. Gambrcll. He was arralgned and
pleaded not guilty. The jury was impan-
ecd and sworn to well and truly try the
issue between the State and the defendant,
and true verdict render according 10
the law and the evidence. That evidence.
Of course, Is only legal evidence, and tho
law II the instructions which the jury will
receive from the court. The issue present.
cd is an affirmative charge against llamil-
ton that he killed and murdered Gambrell.
The testimony TO be adduccd on that issue
Is that which inculpates Jones ;. llamil-
ton, the defendant. As | ruled ON n Tor
mer day Of the term, | will suggest 10
counsel the rule asacccped with rciercnceto
conspiracics. Up tothistimc there has been
no effort made TO settle the preliminary
question rs 10 the conspiracy. The tcsti-
mony sought 10 be ndduccd by the witness
yesterday evening was with reicrcnccto
the signs which were seen under tho
bridge. In no event, according TO my
Judgment IN this instance, would that
testimony 10 competent. A good deal
was said about the physical evidences on
the bridge. Now that seems 90 be entirely
different from what IL sought 10 bc proved
here. don't think that anything that
was done by others is competent testi-
mony, unless Hamilton Is connected with
H. The fact has already been stated hero
that Hamilton shot Gambrcll himself, and
not that lac killed him. That was the tcs-
tmony of Mr.. Fitzgerald, a witness for tho
State. The Jury may wish 10 know q great
many things which We would all like To
know, but the only question Is what "
legal and competent evidence Tor the jury
TO hear. In that view must decide that
| Mr.. Jayne cannot answer the question
propounded 10 him in reference To thosc
tracks which were seen next day under
the bridge ..ts tat .fa,.s.
WITNESS JAYNE.
Thocxamipatlon Of the witness Jayne was
then resumed. Witness was NJ the body
between one and two minutes after tho
shooting ceased. II was very bright.
moonlight night. Went 10 Mr. Gambrclfs
house 10 inform them OF the shooting. On
the way back met the crowd carrying
GambrclPs body and went back with them
10 the house, and afterwards went again 10
the scene Of the homicide. Gamhrcll died
| at his fathers house ON President street,
about 100 or 100 feet north Of Capitol
street lie died In the Fint district VI
| l. II.
after Gamhrcll was dead. Witness agrlin
explained the orler in which the shots
we're lircd substantially ~ told in ycster-
days examination. The three flashes we're
from one and a half 10 three feet long.
The responsive flash was from three To
three and a half feet long. The two
pools Of blood We're about the same size,
and were about the sile Of the crown
Of a 30. II hat There wcm about i've
dents In the bridge about the size OF tho
end Of the pistol offered ON the habcas cor
pus trial. Witncss was here handed elcy-
en- Photographic views Of the bridge, taken
from different standpointS, and lac exc
planned 10 the jury the location about
which lac had already testified. Thinks
the three flashes passing toward whcro
Gambrcll's body WIS lying struck the post
In the wire fence. Gnlnbrcll's body lay di-
rccily north Of the middle one u the three
flashes. The body Of Gamhrcll WIS be-
tween where witness saw the flashes aud
the post In the wire fence.
Cfos-oxamincd-lt was 057 O'Clock
when witness started 10 leave I.csscrs
house. lie walked out on the gallery and
stopped few minutes talking TO the girls.
Ne then started toward the gate, and Ic-
mark Of one Of the giils cau~d him 10 re-
turn. lie WIS on the gallery In all about
Eve minutes, and II might hc ten, before
| he heard tho lut shot. Witness Was
standing on the step and the two girls ON
the gallery looking toward tie street, tho
one nearest Icing somewhat cast VI him.
Witness located the tramping ON tho
bridge by his past experiences with sounds:
Heard the iramplng on the west end Of
The bridge, which he could sec, but SAW no
men. Was satisfied that The burrows la
the bridge wcfo made by bullets going
irom east 10 west. Witness illustrated
with pistol In hand where the pon-on was
standing who fired the shot Ia the floor
near the northwest corner post OF tho
bridge. Would not swear that he saw
a dash there, but thinks no did.
located the last loud IMPORT about
midway 81 the bridge on the
laorth botwalk. Would have 10 be- In q
Held 10 locate a partridge by L. notes. 10
II difficult ~ do In the woods. Soundsarc
difficult 10 locate when therc are any Oh.
struction. Has observed the flashes OF
pistols, but has not made u study. The
flashes we're straight flashes OF unequal
lengths. Can't say that he saw the begin
ming Of the flashes, but saw the beginning
OF what .ie saw. Located the cas.ernmost
Of tho three flashes fifteen feet irom tho
west end Of the bridge. The wesiernmost
flash was yard west Of the middle one,
and the easlcnmost one about yard aud
a half from tho middle one. The point OF
beginning Of the easiernmosl one and tho
middle ono was ON the same Lowell bu' mo
hnl went up and the other went Town q
little. The flashes wero about an men "a
diametar. The witness measured tue eifsle
made with his thumb and iorcfngcr with
. A ,apc measure, and said u was about
|, an Inch. The flashes were huio
south Of the middle Of the roadway @ !,
/ then existed, aud about two feet norm o.
!. tho rail Of the street railway trnch TOOK
In tho flashes tho night Of the killing ma
. .,.,i. oi,acfvaiiona the next nioFninE