The Roanoke times. [volume] (Roanoke, Va.) 1890-1895, 1891-02-05


completely occupied, and in tho rear
portions of the room the seats wero
abandoned for the usual PURPOSE OF sit
ting and used for foot postures by which
to obtain better view of the proceed.
ings.
More than usual interest was mani
tested on account of the report that
the commonwealth's attorney had i'm
peached Mrs. Morris evidence. On ac-
count of thi fact the counsel for the
defense introduced several witnesses to
substantiate her character for truth and
yeracity.
The first witness called was William
Mace. He testified that had been a resi-
don't of Botetourt county, and had
known Mrs. Morris many years. She
belonged to family of high standing
and had always been considered u lady
whose word could not be doubted.
John II. Boyd, the prisoner, was then
put on the stand. His testimony was o
repetition of what,has already been pub
lished, except that he brought out other
points which he failed tomention at the
previous trial. lie dwelt largely on how
nc became intoxicated He started to
the spike factory the night in question,
and finally became unable to walk, and
staggered into the weeds, where he fell
asleep. He was awakened by the report
of pistol shots over his head. lie then
detailed the account of his capture in u
tragic manner; of how he was robbed of
his pistols and SIS in money, and of his
pulling off his coat and offering to fight
the entire crowd All left him but
Rodabaugh, who persuaded him to re-
turn to the brewery. Hero he was seized
again. lie said ho had visited Mrs.
Worton's house, while out on bail, for
tho purpose of getting her to withdraw
the charge. Madison also came to him
afterward and said that he was drunk
whom he found the witness III tho weeds.
He gave striking account of how he
had been assaulted by the Same crowd
before the house was blown up, and said
that he had been struck on the side with
u rock, which cracked two OF his ribs,
and then knocked into ditch.
He denied the charge Of having mado
threats against Rodabaugh or OF blow
ing up the house. He had access to
dynamite which was used for blasting
at the spike factory, but did not use it
himself, as he was foreman in charge of
the work.
Two more witnesses were introduced
to substantiate tho character of Mrs.
Morris for truth and veracity. They
were j. and c. Il. Carper, formerly Of
Botetourt county, and gave Mrs. Morris
most excellent reputation. They had
never heard her vcracity questioned.
G. T.. Carper stated that he would be-
lieve her at any time.
Mr.. Smith-Suppose she would make
two conflicting statements as sho has
done in this case?
Mr.. Carper-Well, I would believe
her thon, because you lawyers are so
eXacting and strenuous that you will
naturally confuse lady unused to tcsti-
flying, and compel her to make two con-
f1lcting statements without any trouble.
MIR. Smith then took the floor for the
commonwealth. He reviewed tho testi-
mony OF the witnesses in mastery
manner, calling the attention of the
jury to the fact that Mrs. Morris had
mado two conflicting statements, and
one or the other was bound to be false.
That II George Washington had done
the like, his testimony would have boon
lmpeached. Mrs. Norris could recon-
Clle neither OF her statements and AZ a
consequence the jury could not re-
cognize her testimony. AS to Boyd's
evidence that would naturally be swept
out of the way, and nothing then con-
fronted them but Mrs. Morris state
ment, which had already been i'm
peached. No evidence was introduced
to show that a man went up the hill to
get out of the way. Mrs. Morris put
the man she saw in tho indentical spot,
where Boyd was found by the witnesses.
Col Hansbrough next took the floor
for tho defense. lie said that this now
law under which the prisoner was being
tried was unlike other laws bearing on
such cases, from the fact that it made
no provision for the distinction between
committing an act and the attempt, and
that the prisoner stood surrounded by
group of circumstances which endan-
gered his life and liberty. AS to Mrs
Morris testimony varying from the atfi-
davlt, that was a simple thing to ac-
count for. The affidavit was written in
this city. 1t was sent to Mrs Morris,
who examined and signed it.. She paid
no attention to those small technical
points, and noticed the substance of tho
document only. When put on tho stand
she tolls tho facts as they really hap
pened from the fact that sho finds out
too late that everything hero must be
to the point.
Judge Williams was the next and last
speaker for the defense. He attacked
the testimony of the witnesses for tho
commonwealth in such n way as to
cause considerable mcrriment among
the throng Of spectators, while the
witnesses from the brewery. particu-
larly Geisen, suffered from his scathing
sarcasm.
The jury was very attentive. and
during the entire speech every eye in
the jury box, with the exception of one,
was riveted on the speaker.
He claimed that Gcisen and the whole
crowd ,vh0 had