The Memphis appeal. [volume] (Memphis, Tenn.) 1886-1890, 1888-03-25

| 10 be on the north sidewalk. Cannot tell
| the direction Of the flashes. There wns
some little pause between the second and
third shots, greater pause than between
the first and second. Saw no flashes ex-
cept three he took 10 be on the north side
walk.
| Cross-examined-Kno the defendant
Was in his employ year before last. Has
worked for him about three years in all.
| Got ON the train just 10 ride. King and
witness were prevented from getting off
when the train stopped. by passengers
| getting possession OF the steps, which
compelled them 10 get back. King was
10 the west OF witness, Could not say
that any one was with Hamilton. There
was gentleman In front of him. Re-
J members being asked before Judge Peyton
| II any one was with Hamilton, and that
| he answered that there was and thinks
he also said that the man was four or five
feet ahead OF him. Knew at the time
that the man was that far ahead OF him.
Recollects that he said on the habeas cor
pus trial that he saw defendant while he
was standing on the train. That was a
mistake. Was satisfied that he saw Col.
Hamilton while he was standing on the
step, but one night after he had testified,
District-Attoney Miller asked him TO go
there and show him where the train was
when he saw Hamilton. Witness went
and showed him, and they both became
satisfied that witness could not have seen
him from that point. Thinks this occurred
after the habeas corpus trial. The
train was standing there and witness
and Miller went down opposite the plat
form and saw that the little house inter
I I.ts a -.
| was than where he WIS. Paid more atten-
ton TO him. Rccollects that he said be-
fore Judge Peyton that the rapid shooting
sounded like "a clatter" OF shots Means
by 'clatter" OF shots Just rapid firing.
The shooting was twice rs far of as wit
ness nj the time thought II was Thinks
he might have seen a carriage anywhere
on the street. up TO the top OF the hill II he
had looked Did not see any carriage or
hear any just before or during the shooting
or Just after Is positive that the little
mail building was there when he
made the experiment with Mr.. Miller.
II was witness intention 10 correct his
former testimony even II his attention had
not been called 10 II. Witness did not say
on habeas corpus trial that he saw defend
ant when he (doicndant) was standing on
the steps. When witness first saw Hamil-
ton that night he was walking south under
the lamp at the northwest corner Of the
depot, going at an ordinary gait, and wit
ness kept his eye on him all the time till
he disappeared from sight. Has not talked
in favor Of either. Is not biased. Has
talked 10 the defendant on several different
occasions Talked TO him night before
last and week before last. Knows when
the witness King testified in the case.
Talked 10 Hamilton once before and
once since. Being asked II he did
not ay 10 King "that Hamilton
said he had nothing against him; that his
testimony before amounted 10 nothing,
that Hamilton would be a ruined man;
he as light on him rs possible; you can |
say you forget The witness replied that |
he had said something TO that effect, and |
went on to explain that he had said 10 |
King they ought 10 have an understand |
ing about their testimony, witness object |
being 10 talk 10 him aboni the experiment |
he had made with Mr.. Miller but King |
said. "No, Hamilton and his attorneys are
all mad with me, and | am going 10 give
In my testimony Just ~ | did before"
Witness did not tell King that Hamilton
said: ''le as light on him as possible"
and did not tell him: "lou can say that
you forget"
The court was called TO order at 3
o'clock, and the witness
cARsoS WAS RE-ExANISrD
by the defense. lie said: The west side
Of the depot Is the best route 10 the Law
renee house when there Is n crowd as
there was that night Witness and King
went around that side. Defendant sent
no message TO King by witness. Did not
talk 10 King with a view 10 gctiinshim 10
give false testimony or 10 keep back any.
thing.
ALBERT VAN RuErN RECALLED.
The third pistol the witness referred 10 in
his testimony was Que that was brought /
In 10 see II n ll-caliber shell could be |
fired In a o. pistol. and he thought the |
pearl handled pistol shown him today was
that pistol. To the State: The large pis-
tol was brought 10 the jury wrapped IN
newspaper. There was no blood on the
paper, else witness would have seen Il.
There might have been some dry blood,
but there wa- no stain.
The jury was taken out little before 4
O'Clock. when Mr. lluddlcsion addrcsscd
the couri and said Il had gotten into the
press that the attorneys for the State hal
denounced the conduct Of J. n. Gambrell,
and hc had waited ior some nsponse from
the other side. That Il was not the fact
that hc and his associates hal denounced
anybody; they simply deprecated and con
dcmncd the article rejecting on counsel
engaged Ia the line of duty. II was HE
understanding at the tune that the re-
sponsc OF counsel would be fuller, extend.
ing TO a condemnation Of newspaper at
tacks on thosc engaged In the prosecution
ON the lines Of blood
Mr.. Mciaurin said lac read the newspa.
pcrs but little while engaged In trial and
had not seen any such publication a. Mr..
lluddlesion Referred 10. lie thought that
the newspaper attacks on defendant, In
which such epithcis M ''arch-awas.in"
wcro used, should have CEASED when lac
was afraigned; that Il was not the way 10
arrive at justice, that defendant hal as
much 10 complain Of IA that regard "a any
body. lie did not indor.e the attacks on
relatives Of the dcccascd.
Judge Calhoun said that he hal seen
no attacks on counsel engaged on the
other side, that he would resent any such
attacks but did not think that the attor.
ncys ON the one side were under duty 10
notice attacks on the prosecutor, or the
defendant being ON the other Court then
adjourned I'LL Monday morning nj o
o'clock.
| aaa