The Memphis appeal. [volume] (Memphis, Tenn.) 1886-1890, 1888-04-04
Discussion as to Whether the Jury
Might Examine II or Not.
The Counsel on Both Sides Get
Very Warm over It.
It Is Finally Brought Into the
COURTYARD for the Jury.
The Bullet Hole In the Top OF the Car
rage the Point of Contention--Dr.
Rico Shows the Defendants
Wounds to tho Jury.

BRANDON, Miss, April 3,-The jury was
brought into the court room at To- 30 o clock.
DIR, c. A. RICE,
superintendent OF the East Mississippi In
sane asylum, was placed ON the stand and
testified as follows Is a doctor Of medi-
cine, and has been practicing little more
than thirty-threc years, Was surgeon
throughout the late war. Has examined
the wound In defendants forearm. The
bullet entered about three inches from the
wrist and came out about three and half
inches from the wrist. THE defendant
stood before the jury and barred his arm,
and the witness indicated the points OF
entrance and exit of the bullet making the
wound.) The bullet entering at the elbow
was cut out by DIR. Writ johnson, in the
presence OF witness and DIR. Bailey, and
was weighed and sealed upin the presence
Of witness. The witness then pointed out
the wounds near defendants elbow, indi-
eating the place where the bullet entered
and where IL was cut out. Witness ex-
amned the wound in the abdomen Wit
ness can now with his finger trace the
course Of the bullet, by cicatrice or indura-
ton, which always follows the heading
process. The wound In defendants abdo-
men was then shown to the jury, and the
course OF the bullet was indicated by the
witness. Has examined the carriage in
which Hamilton was riding, and made
some measurements. The door il eighteen
inches wide. The floor In thirty-two
inches from the ground. There are two
stems. The distance from the floor OF the
carriage 10 the flint step and between the
flrst and second step Is eight inches. The
lower step IL fifteen aud onc-quarter
inches from the ground. The entrance 10
the carriage Is at the rear, and the seats
are ON the sides Of the carriage. The seats
are four feet long, fourteen inches high,
eighteen inches apart and fourteen inches
in width.
Cross-examined-- Witness saw the car.
riage this morning at stable near the
, courthouse. The State here asked that
! the Jury and the witness DO carried 10 III,
} carriage, with a view 10 continuing tho
crossexamination there.
The defense objected.
The State urged that II was material for
the Jury 90 examine the carriage, that they
might see the bullet-hole which Is In the
top Of H.
The defense replied that the hole In the
ton is not Ia the condition II was when
first made, II being In evidence that u had
been considerably enlarged, and that there
was no proof that Hamilton had anything
10 do with making H. Besides, the defense
had offered no testimony concerning the
hole. II WIS further contended that Ham.
, ilton had not rested his defense In any
degree ON the fact that there II hole In
the top Of the carriage, and that for aught
the Jury knows from any evidence offered
by him, there IL no hole In the top Of the
carriage; and II was urged that the State
had no right 10 intcrpose matter OF dcicnsc
aud then disprove Il; that at most the tcs.
timony was only competent In rebuttal.
The contention OF the State wasthat not.
withstanding the testimony concerning the
hole was brought out by the State on
cross-examination, Intentionally and by a
leading inquiry, still II was competent "a
discredit the force Of that testimony ~
matter Of defense, by an inspection 81 III,
carriage and by an examination Of wit
nesses. Some time was consumed In argn
ment, and the court ruled that the jury
might inspect the carriage. The doicnse
said that II would not be- present, that
neither counsel or defen liant would 20
with the Jury. The Judge said he would
not 20 either. Mr. Alexander thought II
would be error for the jury 10 inspect the
p carriage In the alsense u the defendant,
. and suggested that the carriage bc brought
, into the yard while the jury during the In.
speclion could be under the supervision OF
the court.
Judge Mayors said he might 90 10 the
windows. Finally, on the suggestion 81
the State, the Judge consented that the
carriage might be brought into the court.
room during the recess, and he instructed
. the bailiils not 10 let the Jury into the
courtroom until court met In the afternoon.
The Jury then at 1880 O'Clock was carried
, out and the court adjourned I'LL 2 o'clock.
AFTERNOON SESSION.
, During the recess the carriage was
Knocked down and carried into the court.
. room, where II was set up with the front
J 10 the east on the side occupied by the
I prosecution. When the court wa called
I 10 order the fudge said that the jury
, would DC brought In and told that they
, might inspect the carriage and every part
! Of Il; but that nobody would be- per.
mitted 10 make any suggestions Ia
, them. The jury then at 2'2O o'clock was
brought In aud they proceeded ni
| once 70 look lOT iilt nOl's hwy hntN
about where Il was and found il at once.
, TASTY examinations were made Of II,
) from the inside and from the top Of the
carriage and from various positions about
the rear. The examination was completed
inside Of ten minutes, and the jury having
? been again carried out, the carriage was
, removed. Ina few minutes the jury was
brought back and the croes.examinniion
! OF DR.. Rice continued. Witness made no
| measurement about the bullet hole la the
4. top Of the carriage. Col. Nugcnt and some
, ono else. whom witness does not recollcct,
were present when the measurements were
made this morning. Witness iirt saw
= Hamilton after he was moved 10 the Jail
! The wound had nearly healed up. Under
4 stood that DR.. Bailey was his physician
: Saw Hamilton liist after tie trial beior,
[ Judge Pcyton. Never measured the car
B. rlage III this morning. Hamilton told wit
G ncss that he was shot while in his carriage
4 The defense here stated that the bal
|. which Was taken from liamilton's arm IL
4 the presence Of DIR. Rice was expected