The Memphis appeal. [volume] (Memphis, Tenn.) 1886-1890, 1888-04-05

wagon about dark that evening. II is his
custom to use the red wagon at night.
Sent the buggy home and had the red
wagon brought back. Doesn't recollect
where he was while he was waiting for
the wagon. Was in Bob Bucks room, but
didn't stay there long Doesn't recollect
exactly at what time he went TO the peni-
Tertiary that morning. Went there about
$3.50 o'clock that evening, and after having
been away and come back, left there about
shutdown that evening. Was ut the post
office that morning and saw Gen. Adams.
Doesn't rccollect that any one called de-
PENDANT out. Defendant was sitting on
the south side OF the carriage, near the
rear end, looking toward the front, and
Eubank was sitting on the opposite seat,
about midway the carriage.
Mr.. Alexander here asked the witness
to put on the coat and vest, which he did,
and then the experiment Of running u
pencil through the two holes in the coat
sleeve and into the hole in tie vest was
tried.
The horse that was in the carriage was
big, strong horse, but not fast horse.
Defendant then put on the pistols and
belt again, and, at the request OF MIR. Alex
ander, resumed his seat.
"Why did you take off the pistols awhile
ago before taking your seatY' was asked
him.
81 did not" said the defendant. al
asked counsel II II was necessary for me TO
keep them on longer"
Heard some one cry after the third or
fourth shot. Doesn't know whether II
was Eubank, or Gambrell.
Tho Stata nrapnotno ~ n 40 tho Eastman %
OF defendant given ON the habeas corpus
trial Of l.. NJ. Eubank's and Others as a
witness for the State, the defense objected
and the court sustained the objection.
Mr.. Alexander then said that the cross
examination OF this witness was q farce and
he didn't care TO ask him any further ques-
tons.
Mr.. Huddleston then asked him two or
three questions about Eubank, developing
the fact that Eubank had been in his en-
ploy and was not now and that he had
been in Brandon from time 10 time during
the trial.
After the cross-examination had been
completed Mr.. McIaurn told the defend
ant 70 make any explanation TO the jury
that he desired 10 make. The defendant,
leaving the stand, said he would be glad
TO answer any question from any member
OF the jury. No questions were asked.
lie then said TO the jury that from the
location OF the holes in the clothing and
wound IN his stomach there can be no
doubt about the manner In which he was
shot; that he had made the same state
ment rs TO that on the bridge TO the habeas
corpus trial and before the jury today.
The State here claimed their right Ia
cross-examinc the defendant as 10 all mat
tiers told by him on the habeas corpus
trial, ON the ground that his reference "a
his testimony on that trial had opened the
door which before that time was closed.
The defense objected and, while admit.
ting that the defendants statement waf
incompetent, insisted that II was not com
petent TO dlscrcdit IL by other incompetent
testimony. The remedy was 10 instruc
the jury 10 disregard II. There was spir
tied argument ON both sides OF the ques
ton, the jury having been withdrawn. a
length Judge Mayors said that he woul,
suspend the discussion and reserve hi
decision till tomorrow morning n 9o'clock
TO which hour, at AS o'clock, the cour
adjourned.