Evening star. [volume] (Washington, D.C.) 1854-1972, 1891-04-08

his own hands the Law and punish 1hulbee IN
that insult, 80 that the Telegraph that carried
the news Of that Insult would carry. too. tie
news that he had reyenged IT, he carried With
him revolver, the enemy Of civilization, tss
tool OF the assassin.
He armed himself with = revolver and vert
back 20 the Capitol. KincAid had told them ~
his mesnderings there. They had enough %
show that while there this bitterness was rans-
ing an hls heart aid. the government chained,
was looking for TAulbee-loOking for him 10 re-
dress this fAncied or real wrong
kIScAIp's ooSvEEsArroS wIrH krrRssKSrArTys
WILSON
Mr.. Cole referred 10 the conversation held ~
kincaid with Representative Wilson before ia.
shooting TO show that Kincaid was excited sRd
that Wilson advised him 90 he cool and 40
nothing rash. They could see kincsid ~as in
condition 70 shoot TAnlbee. That was frsan
three 90 five minutes before the shot Vas hrei.
kincaid left Wilson and saws he next tNlled
with the old gentleman. Morrison.
Mr. Cole said he did not attach any import
ance 60 Morrisons testimony except the stsss-
ment that kincaid took care 10 get Morrisoa's
address. From Morrison he went 70 McC.--
mick and asked il he did not see the assault gr
him BY Taulbee and Mccormick said he did
Why did he get Morrison's address; why did be
make these inquiries Of Mccormick Becarss
he had the false idea in hi, mind that tia.
assault witnessed by Mccormick sSd
Morrison would Justify him in killsf
Teulbee on sight Why did he want witnesfse
TO that sssaultl Because he intended 20 re-
yenge himself and he wanted 20 be able 60
prove what occurred in the rassagewsy Of ths
House no justification. They were told NJ.
hincaid wss once a Judge OF q municipal corr
in Kentucky. He had read Law and knew
little law. The proyerb was that o little learA-
ing ID a dangerous thing. IL has proved . vssy
dangerous thing for Mr.. kincaid.
Mr.. Cole quoted Mr.. Smiths statement that
undoubtedly klncaid would have been justified
half dozen times in shooting Tanlbee ca
sight. That idea he had imbibed from the d.
PENDANT. That WAS kincaids idea when he ga
that revolver from his room, when he talked TO
Morrison and Mccormick after seeing VIZ
son. lie left Mccormick. says Mccormick,
an the midst OF sentence, undoubt-
edly because he saw Tsulbes 20
down the stairs. walked away rapidly ani
turned down the stairs. In an instant the sh0t
was fred and Taulbee had received his mortal
wound. Mccormick had no interest in telling
here what was not true While hIncald VS.
laying the foundation for his defense he skv
his victim go down the stairs and he followed
him and shot him there.
WHAT TOOK PLACE ON THE STAIRS
What took place on the stairs? Did Taulbse
make an assault on kincaid or did kincaid a.
prosch aud shoot him without Taulbee knowing
be was there. 1t was immaterial where tke
men stood on those stairs. except 30 far q
bore on the actual occurrence.
Mr.. Cole then described the occurrence as q
had been described by ex-Doorkeeper Dor
aldson. Donaldson heard a voice sayinE.
''Iaulbee. you can see me now" and, turning,
saw kincaid, and almost immediately the shos
fired.
What did Kincaid's words refer 20? They
went back 90 that encounter in the passagexA,,
when IaulDee said TO hIncaid. i want 10 ~
you. Those words remained in kincaid
mind.
LOWELL coRnoBoRArrs DONALDSON
Mr.. Cole referred to Lovell's testimony N
corroborative Of Donaldson's. IL Donaldsoi
and Taulbee were close together As Donaldson
said when the shot was fired. then Taulbes
made no rush at hincaid. Donaldson said they
were standing together, Taulbee having hold OF
Doualdson's left arm. Lowell did not claim 30
have seen kincaid.
Counsel for the defense would have the Jury
believe that Lowell and Donaldson had gos
together and made up a story. II they hal
made up a story for the purpose of this case
they would have compared notes, and made
stories that fitted together better. They did
agree as 10 material points. Their disagree
ment in minor matters was evidence Of their
credIbllIty. IL was nonsense 10 undertake 10
convince the jury that such men Lowell and
Donaldson wouid come here and make up .
story for the purpose of convicting a man
against whom neither one of them had the
slightest feeling.
Lowell said that Taulbee and Donaldson we're
standing together when the shot was fired and
that he thought Taulbee had hold of Donald
sons arm or hand. According 10 the testimony
OF the officers who were going up the steps
there no time for the alteration which
hincaid described.
Mr.. Cole referred to the testimony that Kin
caid said, when the question asked right
after the shooting, WHO shot this MANI 81
shot him because he insulted me this morn
| ing" or ''he wronged me this morning" Kim
caid says now that he said only, II
shot him." and did not add the words
''be insulted me this morning" IL il
were true, kincaio now pretended,
that Taulbee was assaulting him whsn
he fired would not kincaid have
stated right there why he had
fired the shot? Lowell said in his testimony
that kincaid said, Il shot him because he in
suited me this morning"
REQUEST By MR.. WILSON.
Mr.. Wilson asked the district attorney 10 ~
fer to the testimony Of the two officers who ar
rested Kincaid and Mr.. Cole said he would be-
fore he got through.
MIR. Cole referred to the witness Donnelly.
who said he heard kincaid say Il shot him be-
cause he assaulted me this morning" There
were three witnesses of the government who
concurred IN the statement that at the moment
wheE Kincaid would have been most likely to
have told the truth as to the motive of the
shooting he said he shot Taulbee because
Taulbee insuited him or wronged him
o. assaulted him that morning. They disa-
greed slightly as to the words used. but that
was the osly disagreement Mr.. Cole claimed
that tie fact as 10 what hincaids declaration
was proved beyond any reasonable doubt,
and that was proof positive, that no
assault was made on kincaid by Iaulbee.
But that not the only proof
they had. They had the words OF Taulbee, .
dead witness. No man conld tell well ne
what was in his mind and what was his first in
timation that kincaid was present.
TAULBEE's DYING STATEMENT.
When Taulbee spoke those words he was
standing close by the mystical line which di-
vides time from eternity, across which he er-
pected in few hours to step into the presence
of the Maker to whom we shall all render hnal
account. His statements came with a sanction
stronger more forcible, than that of any oath. IL
was equal to an oath administered by God him
self Did Taulbee tell the truth then2 Taul-
bees life was at an end; he had nothing 20 gain
and nothing TO lose by telling that which WAS
not true He stated what the fact was. DIR.
Bayne and Dr. Taulbee said his mind was clear
The defense had introduced testimony that, I'M
der such circumstances. sometimes mans mind
was not clear, but sometimes il WINS The ply
sicians who were in attendance state that in
| this case the mans mind was clear.
1t was commented upon that this dying de-
| claration was made to Taulbees brother, in
| the presence of his son and DIR. Bayne, not 70
| the district attorney. To whom was q dying
man more likely 70 confide his last message
| than his brother2 The district attorney had
made the effort to secure a statement and the
| inry mad heard why the attsmDt yss upsuc-