Evening star. [volume] (Washington, D.C.) 1854-1972, 1891-03-30

~ NHVM.i lion whether the testi-
w ~tzN mony should be adj
X mitted as to threats
made by Taulbee, ad-
/ hitting testimony as
.-ro,,,, to threats made and not
communicated to Kin
caid, as well as testimony as TO threats COM
municated to Kincaid. He also permitted testi-
mony as 10 statements made to Kincnid about
general reports as to Taulbee's intentions con-
corning him.
During the days testimony there was refer
ence to the publications that gave rise to the
trouble between Kincaid and Taulbee. The
first publication was made in a paper
in this city, and referred to q scandal
Gus occurrence alleged to have taken
place in the model room of the patent Office
in which Kentucky Congressman and q
female clerk figured. Kincaid subsequently
published an account Of the affair in the Louis
vile paper Of which he was the correspondent,
using Taulbee's name in connection with it.
| JUDGE BRADLEY DECIDES TESTIMONY AZ TO
THREATS ADMISSIBLE.
Judge Bradley at once announced his decision
OF the questions argued Saturday as to the adj
mission of testimony offered to show prior
threats by Taulbee communicated TO Kincaid.
At the same time the proposition, was argued as
to the admission Of testimony regarding threats
made by Tsulbee and not communicated to
Kincaid. As to the first proposition testimony
as to threats known by the prisoner, all the
authorities seemed TO be in the direction Of ad-
hitting such testimony. There could be no
question as to the right Of the defendant to
such evidence. In this connection Judge Brad
vex >svsD Iva
tice Clifford in the case Of Virgins against the
United States to the effect that the tendency
of the courts was to exclude evidence as to
threats made by the deceased and not commu-
| nicated to the defendant, unless there was evil
| dence tending to inculpate the deceased as the
| aggressive party.
| He read also from Justice Clifford the state
ment that jurists and textwriters seemed to
| agree that testimony to threats was not adj
missible unless 1t were shown that at the time
| Of the assault the defendant had strong reason
| to believe that the deceased WINS about to exc
cute the threats. In the case of Virgins then
under consideration there appeared to have
been slight evidence to show that the deceased
had been the aggressor at the time OF the as
| sault. After quoting from the opinion OF JUS
commented on the improperly OF the courts
passing upon the effect OF the evidence already
given.
It appeared to him that the court had no
right to pass upon the effect Of evidence al
ready in, and that under this decision in the
Virgins case the testimony az to threats un-
communicated was clearly admissible.
ME-. W. Z. CURTIS TESTIMONY.
Mr.. W. E. Curtis, the newspaper correspond
emit and director of the bureau of American
republics, was then called to the stand. He
was asked if no had had q conversation with
Kincaid in relation to Taulbee.
The witness said he had brief conversation
with klncaid in regard to his relations with
Iaulbee two or three weeks before the shoot
ing. The conversation occurred ut the corner
OF 18th and f streets. The witness was aware
for some months of Mr.. Taulbee's feeling.
The district attorney objected that the wit
mesa should state what Taulbee had said.
Mr.. Wilson urged that if the air was full Of
the reports as to Taulbee's attitude toward Kin
caid and Mr.. Curtis communicated the reports
to Mr.. Kincaid the evidence was admissible.
Judge Bradley said he thought the founda-
ton of the whole inquiry should be as to
whether Taulbee made threats, and, If SO, what
they were. 1t might then be immaterial
whether the threats were communicated.
Mr.. Curtis was then asked by Mr.. Wilson
whether he had heard of threats having been
made by Taulbee, but not from Tsulbee in
person.
Mr. Cole objected, and the objection was sus-
tanned by Judge Bradley, who said he did not
think such evidence admissible at this stage Of
the evidence.
MIR. Wilson noted an exception, and Mr..
Curtis was excused from the stand for the
time.
A. j. KELLY HAD HEARD rAuLBKE MAKE THREATS.
Albert J. Kelly Of Terro Haute, Ind, was
next called. He said he was intimate with
Taulbee. He had heard Taulbee make threats
against Kincaid shortly after publication ap-
peared in one OF the Washington papers.
Mr.. Wilson asked the witness not to state
hot fbf.v Init tn cfafn
feeling that arose between Taulbee and Kincaid
following this publication. Objection to this
question was made and sustained and exception
was noted. He heard Taulbee make threats
left the city in February, 1889, and 1t was not
great while before that that he last heard Taul-
bee make threats.
THE DISTRICT ATTORNEY oBJHcre.
The district attorney objected to the testi-
mony, ss the time was too remote.
Gen. Grosvenor insisted that the author
tiles held that the time Of the threat did not
affect the question of the admissibility of the
testimony; it affected only the quality Of the
testimony, which could be discussed in argu-
ment.
Mr.. Cole said a man made threats years or
months before and made no attempt to carry
them out he did not think the evidence admis-
sible. The threats must be recent.
Mr.. Wilson said it was the purpose Of the
Gus and to bring the testimony down to re-
cent time.
Mr. Cole suggested that 1t would be best to
show the recent threats first.
Mr. Wilson said that they could not keep
their witnesses in the court room. They had
sent for Mr.. Perry Heath and to economize
time they had offered Mr.. Kelly's testimony
first.
Gen. Grosvenor read authorities and argued
at some length on the proposition that the time
Of the threats was immateria
Mr.. Wilson argued also that the nearness or
the remoteness OF the threats did not affect the
competency Of testimony.
Mr.. Cole argued that the authorities all re-
lated to recent threats and referred also to at
tempts to carry the threats into execution.
JUDGE BRADLEY ADMITS THE QUESTION.
Judge Bradley thought the question Of re-
motsness of time affected the weight Of the
evidence rather than its competency. He would
admit the testimony, the offer being, as he UNI
derstood. TO connect these threats with others
more recent.
The witness, Mr.. Kelly, was then further ex-
amined by Mr. Wilson. He said he had COM
municated threats made by Taulbee to Kincaid.
Mr.. Taulbee told witness that he intended to
kill Kincaid. It might not have been that Ian