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

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kincaid was In fear.
The fudge remarked that u must he shown
That he had reasonable grounds for fear.
AT this point the court took q recess.
JrDor BRADLEY ADMITS HxAKsAr EVIDENCE A. TO
THREATS.
After the recess Judge Bradley said he had
given some thought TO the question suggested
by Gen. Grosvenor without having opportunity
10 consult authorities. While the evidence
would DO hearsay as TO the facts Of the threat il
might be competent indicating the quo
amino Of the defendant. He would. therefore.
admit the testimony Of Mr.. shaw and Mr.. Curtis
on that point
Mr.. Shaw was called to the stand. He said
that after the publications referred TO he had
Told kincaid that he heard from various sources,
including Senator Blackburn, that Taulbee Ia
tended to inaict bodily harm on him (Kincaid)
ana witness advised him TO keep out Of 1aul-
bees way. This was shortly after the publ
cation OF kincaids dispatch. He thought il
was about year before the shooting. II was
In the early part Of tho Fiftieth Congress.
which met in December, 1887.
EMANUEL A. scuwAEz.
Emanuel A Schwsrz, . clerk in the census
Office, testified that he saw Kincaid and Tsul-
bee in corridor at the Capitol during the
fHtieth Congress. The witness was asked what
Tsuleee did then, and objection was made.
Mr.. Wilson said he proposed 10 prove that
Iaulbee then assaulted kincaid and threw him
across the corridor, and that kinoaid made no
resistance
The prosecution objected to thi. q. too re-
mote and irnmaterial
Mr.; Wilson said that they proposed to follow
mp this testimony by showing repeated as
saults. He thought i. material 10 show that
kincsid WAS In danger OF bodily harm.
The judge thought the testimony might she'd
light on the character Of the threats, showing
that Taulbee did not mean murder.
The witness could not state when the occur
renee was except that ii was some time during
the Fiftieth Congress-
Judge Bradley ruled out the testimony rs
being too remote TO have any bearing on the
| animus OF the defendant at the time Of the
shooting. An exception was noted.
REPRESENTATIVE M'cREAnY.
Representative McCreary Of Kentucky was
next called. He said Mr. Taulbee came from
the mountain district Of Kentucky. Taulbee
was over six feet tall, active and muscular
witness had known kincaid for fifteen or twenty
| years. hlncaid was born and lived in the dis
trict that witness represented. Witness ap-
pointed kincaid judge of a county court when
| Witness was governor OF the state.
kincaid's general reputation in Kentucky and
here was that Of peaceablo, honorable and
polite gentleman. At the time and prior to
the shooting Kincaid was feeble, emaciated
and sallow. Witness saw Kincaid nearly every
day. Witness remembered that kincaid
called him out from the floor of the
| mouse on tne Gay OF the shooting.
Witness knew Mr.. Walton, who had been a
lawyer in witness district and held position
in the Treasury Department during Cleveland's
administration. Witness had an interview with
Walton about 1890 or O'Clock on the day of
the shooting and left Walton in the room OF the
committee on foreign affairs. Walton was now
dead.
WHAT Mr.. CURTIS HAD HEARD.
Mr.. Curtis having returned to the court
room he said he had heard from many people
the threats made against Kincaid by Taulbee
and communicated them to Taulbee
He spoke TO Kincaid about ten DAYS
or two weeks before the shooting
at the corner Of l4.h and F streets; witness
told Kincad that Taulbee was after him and
warned him to look out for him; witness had
| heard such threats ever since the time of the
publications Witness said Kincaid an
peared much agitated when witness told
him Of the threats OF Taulbee: that
he flushed and then turned pale; that he
trembled and then took witness arm. Mr..
Wilson asked to know what Kincaid said, but
the question was ruled out, exception being
noted.
MR.. A. B. BRADLEY.
Mr.. A. B. Bradley Of Friendship, n. Y, was
| the next witness. He was asked il he knew
Mr.. Stillman, who testified for the defense on
Saturday. He said that he had known Mr.
Stillman for some thirty years.
| Nitlless WAS asked III hr. Sttilman naO talkeC
| with him about the shooting Of Taulbee.
Mr.. Cole objected TO the question, and the
court sustained the objection.
| Judge Wilson started TO state what he ex-
pected to prove by the witness, but the court
interrupted him. stating that he could not
bolster up his own witness by testimony as to
his character and as to what he had stated con-
corning the occurrence at or about the time Of
ite happening
For a moment there was a courteous con-
4 &...& -
which ended in the court permitting Judge
Wilson to cite authority in support OF his
claim that the testimony was competent.
He cited decision of the Supreme Court of
Connecticut, in which it was held that when
| a witness was a stranger. his good character for
truthfulness could be proven. even if it had
not been assailed.
Other authorities were quoted by Judge Will
son and Mr.. Grosvenor in support
of the right to take testimony as TO
Stillman's good character. The twenty-ninth
Ohio state reports, case in which Mr.. Gros-
venor himself was engaged; and "Greenleaf'
were cited as sustaining the position of the de-
Tense.
The court held that the defense had not made
| good this offer to sustain by ample authority
| this right to prove Stillman's good character.
He, therefore. sustained the objection, and the
| testimony was excluded.
MIR. FRANK p. MORGAN.
Mr.. Frank P. Morgan, Washington CORE
spondent. was next examined. He said he
knew both Mr.. Taulpee and Mr.. Kincaid. He
recollected the publication of the
scandal which was associated with
the trouble between Kincaid and
Taulbee. Long after this publication MIR.
Taulbee asked him about another publication
he understood was TO be made. Mr.. Taulbee
said to witness that Kincaid was at the bottom
of it; that Kincaid had got to be killed and that
he (Taulbee) would kill him.
CLAIMS OF THE DEFENSE.
After The SrAR's report Of the Kincaid trial
closed Saturday Mr. Grosvenor argued in sup
port Of the right of the defense TO prove threats
made by the deceased. He said that he thought
be could discuss this question as il il were an
imaginary case and not discuss the evidence or
talk to the jury. He said that the district at
torney had cited the most elementary authori-
ties in support of his proposition. There could
be no doubt about the justice or the law Of the
case; there could be no doubt Of the right to
show that threats had been made. The old
theory that a man must turn his back and re-
treat until he comes against Q wall before lie
was justifable in shooting an sssailant was no
longer held That was the theory Of the time
of Blackstone, the time when il was held that q
man might whip his wife il she disobeyed him.
There was no Inv which required an Ameri-
can citizen to call upon bystanders to defend
him against q nurderous assault before at
tempting to defend himself Nor was there
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