Evening star. [volume] (Washington, D.C.) 1854-1972, 1891-09-09

said he could not say that he actually saw him
doing anything but sculling. He saw the
boat caught i'll the tide that was moving
toward the capes at the time, and thought it
was rather serious matter for the boat with
only one man in it at work. 1t was calm at
the time. There was no breeze and the two
sails that were set were hanging idly.
On redirect he said the sail appeared to him
TO be directly fore and aft. II the boom was
longer than at the end Of the canoe the sail
must have been hanging on one side or the
other to have made it possible for the man in
the stern to have been sculling. He did not
know how long the boom was.
COL. BIRD DEMONSTRATES
Upon suggestion from Senator Voorhees,
Col. Bird illustrated to the jury by glancing
around the room from the stove to u window
how long it probably took for him to
look away from the boat toward the storm
cloud and back again. This was in
troduced for the purpose of proving that the
witness eye was not off the boat for any time
like a minute and that there was not time for
anything OF Importance to have happened in
the boat between the moment of his looking
away from it and the time he heard the report
of the fins. pistol shot.
Col. Bird said he did not wish to 90 on record
as saying that il was a minute. 1t was probo-
bly, only the briefest interval of time He
did not watch the boat for more than
a few minutes after it headed for the
ripraps after the shooting, as he
turned to go into the house then and could
not say what had happened later in the even
ing. This closed the examination OF Col. Bird
which lasted less than threc-quarters of an
hour.
AN ILL JUROR CAUSES RECESS.
At this point recess was taken on account Of
the illness of one of the jurors. Mr. Wise, who
was not present yesterday, filled in the hours
interval by reading over the stenographic report
ofyesterday 'sproceedings. 1t is probable that he
will make one of the addresses for the defense
and it is rurored here today that the closing
address for the commonwealth will be made by
Senator voorhees,, Mr.. Montague making the
opening speech to the jury
AFTER THE RECESS.
Capt John Gray was called by the common
wealth, as its first witness, after recess. He
testified that he resides in Washing
ton and was captain Of barge for the
past fifteen years. This barge was at
the light house wharf at Fort Monroe on the
around the first jetty with two men,
one scnliing and one man rowing. Later he
heard two shots coming from the direction Of
the boat, which WAS about 100 feet distant from
him. When he heard the shots he looked
around and saw one man standing in the stern
and the other man dropping backward with one
arm over the gunwale of the boat. He WAS on
the starboaI d eide of the boat.
Witness saw no oar trailing, but the man in
the stern had an oar when he first saw him The
boat was coming along outside tho barge. He
paid no attention to the canoe prior to the
shooting, but the man sculling was standing in
the stern. The man rowing was sitting aft of
the mast and the sail was few feet on the port
side. After the second shot witness looked
around. He was making line fast at the time
Of the first shot, but the two shots came in
rapid succession. By that time the man in the
stern had resumed sculiing. The other man
called for help and Lincoln Smith, the mate of
the barge, started to go out in small boat, but
he would not let him 60, thinking the men IN
the canoe were fooling.
He saw the man who was sculling 20 forward
and lower the lib and then go aft to the stern
ami take the tiller.
Mr.. Lipscomb started to read the witness
written statement made ut the coroner's in
quest to refresh witness memory, but Mr.. Shil-
lington objected, and finally Judge Gunter
allowed him to AJAX direct questions from the
statement.
Witness did not SEQ either man rise. Ono
was standing sculling. He did not see the
other man rise. He watched them heading of
toward the ripraps for only few minutes for
1t began to rain and he went into the cabin.
APPROACH or THE sroRM.
Questioned by Mr.. Shillington, he said the
storm was working around toward the north
west, and it was dark and sdually, 30 that Il was
nearly twilight when he went to tie up his boat.
The lighthouse wharf runs ont l65 feet into
the water and his boat was so feet wide; the
canoe would have cleared him By 100 feet %