Daily Republican., 1889-02-19

uehce hi III summing up oh Do'h
sides A Drunken Juror Committed
for Twenty-four Hours.
The Court of Oyer and Terminer re-
convened at 3 o'clock yesterday alter
noon, with the Chief Justice and
Associate Judges Houston, Grubb and
Psynter present.
The names of the jurors were called
and the trial of Taylor T.. GoUdley re-
sumed.
John Wilmsr was recalled and testified
that the little girl, who was standing
near Turner, was about 6 years old, and
he was led to believe that she was shot
because be heard her cry. AS soon as
Cooley saw that Turner was shot he
went for Dr. Irwin FlyEn.
Alexander Green, coloTed, teeti1e1
that AT the time OF The shooting he was
boarding with John Wilmer. He was
present on Sunday, September 9th, and
his account of the atfsir corTesponded
with that given by the previous witness.
While MIR. Nieljs was Cross-eIamining
the witness he stopped suddenly and
called the attention oil the court to Neill
j. Toy, one of the jur, re, who was 81
DIR nix that he could scarcely keep his
seat Mr.. Nields said that he bad been
interIupted several times by this juror
and was unwilling to proceed while he
was in the BOX.
The Chief Justice asked the Jurors what
they thought Of the condition OF their
companion, and while some said that they
thought he was asleep there were others
who had noticed that while Mr.. Nields
was examining the witness he had been
interrupting him by speaking aloud
several times. Mr.. Baugh suggested that
they adjourn until the juror became
sober, hut some of the other Jurors Oh
jected to thu, as they were anxious to
proceed with tie case. The Attorney
General and Mr.. Me ds both signided
their Willingness to proceed with eleven
Jurors, when the Chief Justice said:
"Neill Toy, stand up, II you can. You
have disgraced yourself and hiniered the
proceedings OF this court by Appearing
here 10 state oi intoxieatioD, aud you
are therefore adjndged guilty OF con-
t-mpt, aud committed TO the custody q I
the sheriff for tweniy-iour hours"
While the Chief Justice was speaking
;he juror hlcoughe1; II de-de ny tie
as es-ser-tion /" but notwithstanding his
denial Sheriff Allen marc led him to the
cells in the basement, where he wa
sfforded a chance to sober up.
Dr.. Twin Flynn testified to being called
N to at ttnd Turner, and upon hndlng
that he was seriously injured ordered hi:
remoya. to the hospi al, where he dlel
thst night.
DR.. Springer testified that he is tn.
coroneI's pb, sicisn. He made an exsmt
ation OF Turner'S body aiter his death,
and found that the bullet had entered
his abdomen near the umbilicus, and tba
the wound WAS mortal.
The State rested with this witness, ant
Mr.. Nields maac hi, opening 10 the jury
after which Re commenced the examina
tioa OF witnesses.
George w. Gcodley testified that he 1
brother OF the accu'ed, and that he 1
u years of age, aud has always borne al
excellent char icter.
DIR. L. A. Kit'inger testified that h
was surEeon st the fcs ital Wien Turne
was b ought there, and had a conye 81
ion W tn him, Mr.. NieldS was a. out t
ask him In reference to this conversation
when the Attorney General obiecfed, ant
rs MIR. Me ds failed 10 produce authori
ties In support of his proposition,
question was ruled out, and The witnes
LETT the stand.
After u long argum mt on be admissl
bility of the evidence Mr.. N.elds cAllet
DR.. Irwin Flynn, who was with Turn
Immediately aitsr the shooting, for the
purpose Of showing what he said to him
Attorney General Biggs again objected
and another argument ensucd The
question was again ruled out and the
witness left the stand.
Amor Chandler, Daniel Haley, Jona-
than E. George and Grant s. Greggs eact
testified to the good character of the ae-
cuseI.
This closed the testimony on both sides
and Dtputy Attorney General Davi:
made the openir & argument for the State
to the jury. He SIP Ike about fifteen min
utes and was followed by Mr.. Nields Tor
the defense, who cited number of au-
tboriics bearing on the case to the court.
Shortly be ore o O'Clock court took a
recess unt1 10 O'Clock this morning.