The Memphis appeal. [volume] (Memphis, Tenn.) 1886-1890, 1888-03-06

LUTHER JONES.
Saw Gambrcll the night he was killed
on the train at the depot. The 045 p. m.
train on the Vicksburg & Meridian rail-
road. They were on the train together five
or six minutes. They were on the platform
of the rear coach next TO the sleeping car.
Thinks they both left the train about the
same time. II was about ~ o'clock that
night when witness heard That Gambrell
was dead. Gambrcll, rs witness remembers
him, looked 10 be about twenty-three years
old and had side whiskcrs. lie was about
five feet nine or ten inches in hight, and
had large frame, though not lat. Does
not remember his style OF dress. Witness
having said that Ganbrell was looking in
the sleeping-car mirror and admiring his
shape, the defense objected TO the answer
and the State insisted that II would be
made pertinent in the course OF the trial.
The Judge could not sec lis per;inency
now, and the jury was taken out while the
matter was being discussed. The jury
being out, Mr.. Huddleston said that IL was
the purpose OF the State 10 show that
Gambrcil was not in the frame Of mind to
do any such deed us had been charged
against him.
Mr.. Cassidy replied that Gambncll was
not ON trial. that this was an all-sunicicnt
reason for the exclusion OF the testimony,
and that tho inference attempted 10 be
drawn was too remote.
The discussion was further participated
in by Messls. Alexander and Mclaurin
and lIuddlcslon at some length, and final
ly the State agreed that the answer might
be taken from the consideration OF the
jury. The jury was called In and informed
that the matter was out OF the case and 10
not take consideration Of II. The witness
being further examined by the State, said
that the bridge where Gambrcll was killed
was the one usually travelled from the de-
pot 10 his home.
cxamincd--Jumpcd on tho train
rs Il was backing in. IL not certain that
the train came in on time. Grambrell and
witness got oil the train together and wit
ness lost sight 81 him. Didn't see Col.
Hamilton at the depot, nor Elias King
Thinks there was some one else ON the
platform, but u not certain. Thinks MIR.
Wolfe came out Of the sleeping car.
Re-cxamined by the slaie-Could not
locate any one else on the platform. Being
asked II he saw Albreeht at the train. de-
Tense objected, and the court suggested
that the jury retire pending the discussion
Of the objection, and they retired.
In advance Of the discussion the court
announced the law 20 he that the conduct
of other persons could not be proven in
this case unless Hamilton shall be fint con-
nected with them In a conspiracy. Coun-
se ON both sides addressed the court on
the point raised. Mr.. Alexander stating
that tho State claimed Albrecht 10 be CO.
perpetTaior and not conspiraior. Judge
Brame obtained leave 10 speak 10 the wit
ness and asccrtaincd that he knew moth
ing Of the whereabouts Of Albrecht on tho
night Of the killing, and withdrew the
question.
Tho point involved Is porhaps the most
important that will be argued before the
court summing mp, as II strikes at the very
root Of the theory heretofore advanced by
the prosecution. Il viii doubtless be raised
again tomorrow. II the court shall decide
that prima.iacie case Of conspiracy shall
be shown before evidence Of the character
sought can be introduced, ~ u manifestly
the bent Of his mind tonight, much oI
the testimony taken on former trials Of TIM
celebrated case will be put out and the cas-,
will be much simpliied.
The Rev. j. Il. Gambrcll was In th,
courtroom during the evening session. Al
0 o'clock the court adjourned ill tomorrow
morning al o o'clock.