The Memphis appeal. [volume] (Memphis, Tenn.) 1886-1890, 1888-03-20
This Beautiful Expression Heard
by Another Witness.
-. A. Fitzgerald Heard Hamilton
say this After the Shooting.
He Also Heard the Cries of Poor
Gambrell on the Bridge.
Witnesses Jayne and Charles Fitz-
gerald Called Third Time-The
State Will Probably Close
n Their Side Today.

'Inenced raining early this morning and |
oobtinued till after the time fixed ior the |
neeting OF the court, and most Of the per-
bns connected with the trial were rather |
hte in making their appearance. The de- |
fendant who is in excellent health and |
Ibpirits, and Col Nugent and Judge Cal
1houn were prompt, however, and en-
IPYoyed themselves in reading the daily pa
Rlers. Judge Mayors came in shortly after
IMard and had cheerful smile and
pleasant word for all, but court was not |
Icalled TO order till 1880 o'clock. lie then
lannounced that in consideration OF the
disclaimer by the State Of an intention to
connect Hamilton with the persons whom
Witness Jayne saw crossing the street be-
fore the firing, he might answer the
4 lquestion propounded TO him. The de-
fense insisted that the witness should
not be asked the direction from
which the two men come or in which they
were going, but the witness should simply
answer that he saw the men and state how
long they were in sight, and only such
II other circumstances as tended 10 fix the
Il lapse OF time. The court 30 ruled, and
1 the jury was brought in at ll:20 o'clock.
i The jurymen looked as well Us they did
when the trial commenced. Messrs.
Bfame and Jones, of the prosecution, and
Cassidy and Magruder, OF the defense,
4 were not present, nor were the Rev.
Messrs. Gambrell. The examination Of
the
WITNESS JAYNE
having bean resumed he testified rs fol-
lows After carriage passed witness re-
sumed the conversation with the two girls,
then started away and was called back and
Il the conversation was resumed. Then he
observed a man walking at an ordinary
pace, and followed him with his eyes
! about forty yards, and Immediately saw
another man walking at "doublc- quick"
whom he followed with his eyes about
iorly-fiye yards. Then the conversation
was again resumed, and then the firing
commenced. Witness did not hear any
carriage pass over the bridge. A carriage
fEoing fast over bridge makes more noise
Than one going slowly.
i (Which way, with reference TO the
north sidewalk, were the two men you
spoke OF goingT
This question was objected TO by the de-
fense as being in conflict with the rulings
( Of the court. The judge expressed his
i willingness TO hear argument from the
State, and the jury was Withdrawn.
Messrs. Huddleston and Alexander spoke
against the objection and Messrs. MclAu-
rim and Calhoun for H. The State
insisted that n point had been reached
when Il was competent 10 show circum-
stances in support OF the States theory
that more persons than Hamilton took
part in the shooting, with a view OF
strengthening the testimony Of witness
Jayne and others. Mr. Huddleston argued
that all the physical facts" should go 10
the jury. The defense replied that the
court had already ruled that Hamilton was
not to be affected by the acts OF Others ex-
cept conspiracy be shown, and that there
was no prctense that there Is proof that
the men seen, or either OF them, were
armed, or took part In the shooting, or
were in any way connected with Hamilton.
AT the conclusion OF the argument the
Judge said he was OF the opinion that the
testimony sought was Gle lrly incompetent
Thercupon at l2.45 o'clock the court took
recess till 2 o'clock.
IL AFTERNOON SESSION.
The court was called 10 order twenty
tminutes 10 three O'Clock. Mcsss. Cas-
hdy and Brame and the Rev. j. u. Gam
lbrell, who were absent during the morn
ing session, were present. The cxamina-
ton of the witness jayne was again re-
sumed, and he replied that he heard no
noise ON the bridge other than heretofore
told about.
Cross-examined-II never made any
denomination 10 tell whether he could hear
ainan walking on the bridge from les
rcr's gallery. Is not willing to say that he
hcnrd men walking ON the bridge, but
hrard sounds IA OF men walking ON tho
1rIlge. Witness accounts for not hearing
VI carriage passing the house I'll his at
icnlion was called 10 Il by the girls, by
mying II was going slowly. Means by
'doublo-quckn walk, walk as fast again
rs the ordinary walk.
CHARLES FITZGERALD RECALLED.
Can hear vehicles cross the bridge when
they 20 over In a tro, very distinctly. Was
attentive after the lrst shot listening for
sounds and heard no carriage 90 over the
bridge. Heard none during the firing or
Immediately after.
Croas-exahIined-IIea no carriage 90
over before the firing and heard no beat
ing and saw no carriage passing
The State here offered In evidence the
eleven photographs heretofore referred 10
and they were admitted over the objection
oi the defense without argument
r. A. FiTzoERALD
Is brother Of Witness Charles Fitzgerald,
at whose residence he was on the night Of
the killing. Was In the room with bis
brother and his wife, when witness heard
a shot followed by cry Of "0h, Cod
ooh, motherl' or "Oh, bro,heri" and then
n furilade. Ills brother and himsclisiartcd
70 the bridge and stopped few minutes Al
the gate, when Carraway came up and
they went on TO the bridge. Saw Gam
| brcll there In dying condition. He wa
4, bloody and pool Of blood was near him
Col. Hamilton was there ass,sreplicd e
the iniorrogaiory Of witness bfotnar, ~
shot him; che damned fool fred at mo if
my ouggy and got out and bclicd bel
out ofhim." Witness asked Hamilton !
he was hurt and he rcicrrcd TO tho woun'
In his arm, but said Il wns the wound Il
his stomach that he was airaidoi. Think
Canaway went ahead Of them. The shot