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


the murder of Thomas G. Massic.
special grand jury indicted the prisoner
somo time in March, and several at
tempts to go to trial on the case have
been futile.
When the case was called yesterday
The Commonwealth asked for q continu-
ance on the grounds OF absent Witnesses
but Judge Robertson sat down on a post.
ponemcnt, and told the prosecution that
the case had been continued often
enough.
Daniel had already been brought into
court and sat beside his counsel, Capt.
Berkeley. lie seemed perfectly obliv-
1ous to all that was passing. Close
confinement has bleachcd his face, but
he looks remarkably healthy.
Witnesses for tho Commonwealth were.
called, and a number were found TO be
absent, among them being Thomas u.
Massie, son of the murdered man, who
is regarded as very important witness
1t was stated, however, that Mr.. Massie
night.
jury WAS cmpanneled out Of venire
OF twenty. Two were refused, one having
expressed an opinion and the other
OcJNOeS0 " OapItul u. FOL
lowing arc, tho jurors in the case:
). w. Tinsley, G. a. Huffman, n. NJ.
Wilmcth, A. l.. May, l.. Is Taylor, l..
e. Coleman, r.. p. Buford, G. E. Bare,
t. L. Bandy, G. C. Tillman, j. Il. Hcrn-
don, and A. b. Cook.
After tho jurors wero sworn the pris-
oner was told to stand up. The clerk
then read tho long indictment consist
ing of two counts in a clear and i'm
pressiye voice. Tho first count charges
the prisoner with striking Mr.. Massie
with stono held in his right hand.
Tho second count charges that an
assault was made with some instrument
to the grand jurors unknown.
After the indictment had been read
the prisoner stood for several minutes
until told 10 sit down by the sergeant
TAKING THE TESTIMONY.
The taking OF testimony was then be.
gun, aid DR.. Stone was the first witness
placed on the stand He said:
Il was called to SEQ Mr.. Massie on
the ED day of last December, not far
from o'clock in tho evening. was
called hurriedly, and when found him
he was at u. Lacy Hope'S resdencc
found two wounds in his head One
was over the left eye, l think, and the
other on the side Of the head, over the
right ear. This wound was cut upward,
and tho edges were jagged and rough.
The wound over the right eyo had the
flesh turned hack and the skull laid
bare in ono place. / did not SEQ any
fracture of the skull. do not know
what kind Of instrument was used in
making those wounds. ! considered
thom serious and told his friends that
it might result in his death. l think it
made the wounds, and may have been o
stone.
81 found My. Hosc and another lady
at the house. There were no gentle
men present"
The doctor here gave his theory as
to what tho wounds wcro caused by.
lie could not have hurt himself by fall
ing, as the snow was very deep. Tho
stone previously mentioned in these
columns was produced. 1t was picked
up shortly after Mr.. Massio's death near
tho scene of the assault. II is about
four and half inches long and three
inches in diameter, ono end being
larger than the other. Dr. Stone thought
the wounds might have been made with
this stone. On being crosse examined
he told what Mr.. Massic said 10 him OF
the assault:
He said lie did rot think he had an
enemy in the world. AS he was coming
up tho walk he heard two men talking
behind. Then tho voices ceased and he
was unaware of the presence of any ono
until he was assaulted from behind. He
fell off the sidewalk and as be regained
his feet he cried murder. just then he
received tho blow over tho oye. lie
called again, and then the party or
parties ran off across the street. He
could not tell whether there were two
persons or not; thought there wero two"
JOHN T. TROUT on THE STAND.
John L. Trout, son OF Hon. Ii. $.
Trout, was the next witness. Said he:
Al rcincmbar the night Mr.. Massie was
/ assaulted. / saw him coming up the
rtr..rt ID ..,nt Kin, ah.nnA H..