Evening star. [volume] (Washington, D.C.) 1854-1972, 1891-03-27

be-" The witness did not remember having %
conversation with Mr.. Miller or with Mr.. Mac.
rice Splala. Tie did not remember saving AMI
thing OF the kind. He did not DENY savinx
what was attributed 90 him. but had no recoH
lection @: n conversation with OF seeing either
OF the two men named. He did not know MD
Ter or splsin well at that time.
Mr.. MILES '. MOORE
Mr.. Miles T. Moore, the civil engineer ans
architect who made the diagram used by tia
defense. was called and ideniified the iiaCram.s
describing the important points represented
The witness also iden tifed drawings OF lifferet n
views Of the stairway and described them.
On cross-eNnmination by Mr. Cole Tn. witnes.s
said that he did not make the drawings. Thess
were drawn by W. h. Somers while witness
stood BY.
Mr.. Cole objected 20 all OF the testimony Of
the witness regarding the drawings Fl
The court said that objection could be con-
sidered when the defense offered TO use thJ.
drawings in evidence. :!
When Mr.. Moore left the stand recess .as
taken.
DR. O. BYRD HARRISON.
After the recess Mr.. Wilson called Dr. a.
Byrd Harrison to the stand. He was asked 70
tell what attendance be had given Kincaid since
1855 and what his maladies were.
Mr.. Cole objected 20 this irrelevant
MT wilson insisted that snch testimony was
relevant and sent for some authorities % sus-i
tain has position. While waiting he asked the !
witness whether he treated hinraid's ewes and
about the condition Of kincRid's eyes
The district attorney objected likewise 10
this question. Mr.. hIncaid. he said. may have
eeen bind at some tinie in has hfe; evidently
he was not on the DAY of the shooting
Judge Bradley. IN bIief discussion Of the
matter. remarked incidentally that 1t was e,i-
dent that the defendant could see we'll enough
to recognize Taulbee and aim at him.
nen. nrosrenor said Al might appear that the
| "a as.aAa 4naa A
Judge Bradley reminded the defense that
Gen. Grosvenor In his opening had stated that
hineaid had fired full at Taulboe.
Mr.. Wilson argued that tue matter Of Kim
portant.
Judge Bradley said he had no, Indicated that
he would not admit testimony as 10 kincAid's
physical condition at the time of the shooting.
ne had questioned only the propriety Of going
back TO lss5.
KIScarD's VISUAL DEFECT.
Mr.. Wilson said the testimony wa. relevant
as showing kincaids condition at the time of
the shooting They proposed. he said, aud be-
lieved they had right to show. that kincaid
was born with defect Of yislon-thAt his ewes
| focused together.
Judge Bradley said all peoples eyes focused
together.
Mr.. Wilson having remarked that Mr.. Kin
caids visual defect was peculiar Judge Bradley
remarked, Il suppose nine people out Of ten
have astigimatistaf
Mr.. Wilson read a case from Wharton to sus-
tam his position that the physical condition
and the disparity between tlie two men were 20
| be considered. This, he said. was a question Of
| self-defense. The defendant. they would claim,
was IN fear OF loss Of lie u enormous bodily
harm- They had right 10 show the disparity
| o. the size Ia the two men ana 30 show hin
caid, physical condition.
AZ The timeg' interposed Judge Bradley.
MI; wilson. IN the course Of his argument
said he would insist that they could 40 back TO
the birth OF the prisoner
And take in all his infantile disessss?' in
quired the court
Mir. Wilson said he did not propose 10 COM
init any such absurdity as that
Mr. Wilson said they proposed TO go into the
matter OF the physical condition of this man
for series Of wears prior 60 this occurrence.
He argued at some length on TINS point.
QUESTIONS As TO EYFsIoHT RULED orr.
The court said that il the question Of eve
sight was important at all. it was important
only TO know what the condition of his eyes
we're at or about the time of the shooting.
| lie did not think the jury would be enliEht-
ened at all by knowledge of the diseases kIu-
ceids eyes suffered from several wears before
The court required the counsel - con line the
/ question 20 the time of the shooting OF about
/ that time.
/ The defense noted All execution
The "it.ess. IN reply to Mr.. Wilson. said ne
began TO treat Mr.. kIneaid in September. 1885.
The witness WIS asked what the disease was.
but the question ruled out. another excep-
tlon being noted
Other similar questions were ruled out aud
exceptions were noted.
The witness said he had operated on Kin
| caid eye in November. 1889. He discovered
/ then defect Of kincaid's vision, which had
been corrected by proper glasses. for which he
had consulted oculists. In November, lsss
kincaid was suffering with a cyst or tag tunpr
Of the upper eyeiid. such usually accompan-
| les dyspeptic troubles. He was suffering also
from an Inflammation OF the mucous membrane
| Of the eye.
TAULBEEs DYING STATEMENT.
After THE STARS report closed yesterday the
prosecution started to examine Dr. Taulbee as
to the diving statement made by his brother.
The defense objected that if the statement was
in writing il was not competent 20 tske an oral
statement Of Its contents. MIR. Cole then Ash ed
| witness II he had taken the state mont down IN
writing. He replied that he had. Ii had taken
him an hour OF more to take the declaration.
| The prosecution then submitted the DECLARE
tion, stating that he did not desire 20 offer tine
entire statement IN evidence, though he had no
objection TO ats all going In. The statement,
without being read IN court, was submitted TO
the counsel Of the defense. After reading it
| Ito themseiyes) they objected 10 the declara-
| ton as incompetent, being hearsay, 80 declared
| to be IN the paper itself.
After considerable deliberation the court ad-
mitted the parts of the declaration which the
prosecution offered.
Mr.. Grosvenor noted an exception 10 each
sentence in the declaration offered.
Judge Wilson asked TO be permitted to put
ex-lsepresentatiye Thompson on the stand to
prove that MIR. Taulbee, after the diving
declaration" was made, had expressed the belief
that he would recover. The court overruled
the request.
Dr. Iaulbee then read the parts Of the dec
laration admitted. Ii said:
There was no conversation meeting on
the stairs i did not know that Kincaid was
near, and did not know who il Was that shot me
until / was told. had no weapon on my
person"
Witness said that this was the language of his
brother.