Evening star. [volume] (Washington, D.C.) 1854-1972, 1891-03-17
JUDGE KINcArp,s AFFIDAVIT.


Why His Counsel Want . Postponement
Until Next Monday.
After the adjournment Of the Criminal
Court, Judge Hagner, yesterday afternoon
with the case Of Judge Charles E. Kincaid, in.
dicted for the murder Of ex-Representative W.
p. Taulbee in February last, there was an in.
formal conference of counesi on both sides in the
district attorneys Office. At this conference Gen.
Grosvenor. Judge Wilson and Mr.. L. N. Smith
Of counsel for defendant presented his affidavit
in support Of a motion for postponement until
Monday next. This affidavit says that defend
ant Is not guilty Of the crime charged; that he
can prove at divers times threats against
his life and they were communicated to
him; that he can so prove by the testimony of
Hon. Polk Laffoon of Alabama and that Mr..
Laffoon interposed from time to time by adj
vice. persuasion and otherwise in preventing
Taulbee from carrying his threats into execu-
ton, and that on Friday he received informal
ton that Mr.. LaffoOn's attendance can be pro-
cured within a week.
MATERIAL FEMALE WITNESS.
The affiant further swears that Mary L. Will
mon Of New Orleans is material witness, who
will testify that Samuel Donaldson, the prin-
cipal witness for the government. told her on
the evening OF the shooting that he was taking
Taulbee away to prevent HIM from killing the
dIluHt dt Tie time Vi Tue suOOtlnB, anu tudt II
affiant had not shot Taulbee the latter would
have killed him, and that he had just been in
formed for the first time that Donaldson would
deny so stating to Mrs. Wilmon. He states the
efforts he has made to secure Mrs. Wilmon 8
attendance and that he has received note from
her in which she declines to come.
The affiant further says that Hon. Thomas
II. Painter is an important witness, by whom be
can prove facts and circumstances tending TO
show deep-seated malice on the part Of Taul-
bee toward affiant and that atfiant was appre-
hensire Of an assault upon him and was avoid
ing coming in contact with Taulbee.
MEssRs. GOODNIGHT AND STONE.
He further says that he is advised by counsel
that it will be important to FL the time of the
writs connected with tho case, and in that con-
nection the testimony of Hon. Isaac Good
night is important. He further states that the
testimony of Hon. W. j. Stone of Kentucky ia
important to prove threats and declarations of
Iauibee; that Iaulbee carried cane loaded
with lead to assault him. and that Stone per-
suaded him to lay it aside. He further swears
that he is informed by telegram that A. J..
Kelly OF Terre Haute, Ind, will testify to
threats by Taulbee to kill him, and he believes
his attendance can be procured by Monday
next.
POSTPONED UNTIL NEXT MONDAY.
The counsel then waited on Judge Hagner,
who had not left the building. and after a con-
sultation it was agreed that when the court
convened this morning the motion postponing
the case to Monday next should be entered.
This morning the court was convened by
Chief Justice Bingham. in the absence of Judge
HaSner from indispositiOn, and the order di-
recting the pOstponement to Monday next was
entered The witnesses were discharged till
Monday and the nonresident witnesses were
directed to report daily.