The Roanoke times. [volume] (Roanoke, Va.) 1890-1895, 1891-10-10

O'CLOCK. | was nearly in front of Col.
Penn's residence. He was going toward
ms residences After passed him 1
saw man coming out from vacant
lot adjoining DIR. Gray's residence. Ho
crossed diagonally across the street and
TOOK LOOK the pavement directly behind Mr..
Mass1c. did not meet the man face to
face. did not know him. l thought
at hrsS he was one of DR.. Gray,s sons.
lie was of medium size and woro !.
dark hat and dark clothes.
no was about forty or fifty yard be-
mind Mr. Atassie. He made some
noise in breaking through a heavy snow
drift. If he had crossed tho street ON
the crossing from where ho came out of
the lot would havo met him face to
face l cannot say whether no was
white or colorod.''
Did you SEQ any ono else, John?"
eyes; as L came to Park street saw
man leaning against the fence. Ho
could not have reached tho other man
IN time to be present when the blows
woro struck, as Mr. Massie had already
reached the scene Of tho assault before
got to Park street. Further down the
street | overlook Mr.. Fishburno and
one of his sons.
WITNESS FOR THE DEFENSE.
AT this juncturo Captain Berkeley
asked that he be allowed to introduce q
witness. whom he had summoned from
Richmond and who was compelled to
go back to-day. No objections wero
offered, and Detective Tyler, former
captain of police in that city, was
sworn. The object for which he was
introduced was to speak as an expert as
to the mental condition of tho prisoner
from q 0ntapf 10,
Tyler said:
~ was in Roanoke last December and
saw this man at police headquarters. |
was working on the Massie case at tho
timo: L had a conversation with him"
What did you think of his mental
condition." asked Captain Berkeley.
From the conversation | had with
him do not consider what ho said as
worth row OF pins. 1t was absolutely
worthless. do not think he know
what he was talking about at all. Nor
90 consider him capable of conceiving
tho idea of committing crime Of this
kind
In reply to question from the prose
cution Captain Tyler said he was work
ing on this case for some tune, but had n
different theory that did not pan out
DIR. GALE ON THE STAND.
TX. y Us. ~ Ualc was sworn and said:
"on December 9th | was called to
see Mr. Massle. l found him in very
critical condition. lie had a cut over
the right eye which had been closed up
and which did not open. He had also
u cut on tho back of tho head. His
pulse was rapid, and he had some fever.
saw him again on tho 25th; he had
gotten some sleep and was better.
called again on the Goth and found him
SO much worse that called in DR.. Fry
Tor consultation. He died that night
and performed u. post-mortem exami-
nation. Tho wound over the oyo caused
death.
After removing tho top of the skull,
| found that the skull had been frac-
turcd at that point and that several
small PARTICLES of bone pressed against
the brain, causing it to soften. Tho
wound in the back of the head did not
penetrate tho SKULL
The stone was produced and shown to
the decor. That stone might have
mado tho wound. 1t might have been
done by person in passing or standing
IN front of him. l do not think tho
wound could have been made with n
slung shot or loaded cane. No; | do
not think thatstono would have crushed
the skull in tho hands of an ordinary
man. INV
No other evidence was heard and
court adjourned till this morning at
. o'clock. The prose cution claimed
that two witnesses wero absent and un-
less they were present the chain of owl.
dence could not be made out complete
or carried through in the proper sha 90
These Witnesses are II. B. Massie and
Mrs. lloge. They will be present this
morning.
There have been great many express
slon3 Of sympathy for the prisoner, and
public sentiment has it that ho is not
guilty; conscq ucntly tho Developments
in tho case are awaited with great in
terest.
The commonwealth is we'll repre-
scented. Mr.. Smith is assisted by r.
Il. Scott and w Il. Bibb. They have
all tho evidence in hand, and arc
thoroughly familiar with every detail.
The stone which was exhibited ves-
terday is the key to the whole case. 1t
all depends on whether or not that
stone pans out all right. The curious
public may look for some startling
testimony on that point. If it does not
come they may know that the common
wealth has failed on fhc greatest point
in tho Chain OF evidence
BUCHANAN'S GREAT SPEECH.
DR. Baker LIKELY tn Get N No,, T,;,, ~