Evening star. [volume] (Washington, D.C.) 1854-1972, 1891-03-31


| name them. kincsid was a member Of the
railroad commission Of which witness was chair
man, and lie had been discussed q member OF
that commission. He could not say what
special occasion arose for discussing Mr.. Kin
only that be had heard Il discuissd and had re.
sponded tn remarks made. h eoaid not give
either the words or substance Of what he had
said to kincaid about threats,
oHAs. II. MANN.
Chas. II. Mann, doorkeeper Of the House
press gallery, was the next witness. He aid
some time before the shooting Taulbee and
Donaldson came into the gallery and we're
Joined by Mr.. Miller and went ont Of the gal
iery. Taulbee seemed somewhat excited. but
made no threats. Mr.. TauIbee returned twice
that day. On the second or third time he
came in he seemed much excited, applied some
epithets TO Mr.. Kincaid and used some threats.
Witness could not tell what his words were.
Each time witness walked away as Taulbee was
joined by others
Mr.. GEORGE BAKER.
Geo. Baker, Kentuckian, member Of the
board of appeals of the Interior Department
He knew Of Kincaid's reputation as that Of a
man whose reputation had never been ques-
TONED. bis reputation for peace and good
order was good in Kentucky. On crosse KAN
nation the witness said he had never heard
ul0CU9te0-
JAY r. DURHAM.
JayF. Durham. the newspaper correspondent
now residing in New York. was next called. He
testified that in 1888 and 1889 he was engaged
here as a correspondent, having been, as he
stated, IAN able and distinguished Newspaper
writer He remembered the newspaper publ
cations giving rise to a difficulty between Taul-
bee and kincaid. He had heard Taulbee used
threats in December, 1889, and in the January
following. At the time witness represented
among other papers the Louisville Courier
Journal kincaid, who represented the Louis
vile Times. was then sick in the hospital and
witness was in part looking after kincaids
work. Witness called Tauibee out of the House
and asked him for news. Taulbee asked wit
ness for what paper and witness said the Louis
vile Times. Tauibee said he would be willing
to give the witness news. but added: IF il is
for Kincaid or the Times will not give it. 1
ought to have killed kincaid when he published
that story about me. IL he ever comes in my
path again will kill him.
The witness said he had subsequently COM
municated the threats to Kincaid. The wit
ness was asked as to Kincaid's physical condi-
ton during the preceding summer, but the
testimony was ruled out as too remote.
MISS EMILY KINcAID.
Miss Emily Kincaid, the sister of the defend.
ant, who has been sitting at his side during the
trial, was then called to the stand and examined
by Mr.. Wilson.
After the shooting, she said, she came from
her home in Kentucky and saw her brother in
the District Jail. She came to the city on the
18th OF March. She was asked as to kincaid's
physical condition ut that time, but objection
was made and sustained Exception was
noted. Mr.. Cole said that Kincaid's condition
after the shooting had no bearing The wit
ness was not permitted to state when Kincaid
left the city for his home in Kentucky after the
shooting or how long he remained in Kentucky.
JOHN p. MOST.
John p. Most Of the Capitol police force, who
placed Kincaid under arrest, was called to tie
stand and asked by Mr.. Smith what Kincaid
said when he gave himself up. Objection vns
made that the defendants declarations could
not be put in evidence in his own behalf.
Mr.. smith urged that the testimony was ad-
mlsslbie as contradictory of witnesses Lowell
and Donaldson, who said that Kincaid stated
after declaring he shot Taulbee, he insulted
me this morning" or .'he assaulted me-" The
witness was permitted to state whether he had
heard these additional words and said he did
not hear him make use of such words The
witness had seen Taulbee that day about 1925
O'Clock at the corner of Sd and East Capitol
streets near Tanlbee's lodgings. Taulbee was
in hanson cab alone and passed witness AZ
witness was on his way to the Capitol
On cross-examination the witness said that
sEere were several persons on the scene Of the
smoothing before witness arrived. He did not
know what kincaid might have said.
On redirect examination the witness said he
was quite sure Donaldson was not ut the foot
OF the steps when he arrived.
MR.. JXo. P. MILLER RECALLED.
Mr.. Jno P. Miller of The EVENING srAn
was recalled to the stand by Mr.. Smith. He
said he had a conversation with Wood
bridge, the doorkeeper at the east door
n IN aft h.
shooting. The witness was asked il WOODBRIDGE
had not stated to him that in the encounter at
the door Taulbee had not said to Kincaid. sYou
little monkey, or You little puppy" and told
him to 60 arm himself
The question was objected to as not agreeing
with what had been asked Woodbridge, and
while the record of testimony was being
searched the witness, in response to other
questions. said he had known Kincaid ever since
the latter had been in the city. HIS general
reputation for peace and good order was good.
When the record was brought Mr. Smith
modified his question and asked if Mr. Wood
bridge had not quoted Taulbee as saying TO
kincaid You had better be armed" OF,
You had better be-
The witness. on cross-examination, said he
did not remember whether he took notes of
the conversation or not; he usually took no
notes. He knew of kincaid's reputation in a
general way and had heard ii discussed and
spoken OF many times prior to the shooting,
L ne iact tnGt he had been under threats gave
rise to ii, or that it was currently rumored that
he was under threats gave rise to such Discus
sions.
MR.. JOHN LoRrs.
John Loris was then called for as q witness
and Gen. Grosvenor opened the argument on
the question raised last eve ming as to the ad-
instability of testimony of experiments made
since the shooting TO show at what distance
powder from an exploding pistol would burn
the person shot at. Gen. Grosyenor referred
to the experiments proved aud admitted in the
Ward trial as to the direction taken by a de-
Elected bullet. He referred to a recent case
where the model Of the interior OF a mine had
been introduced and experiments made. He
referred to other cases where experiments had
been admitted.
QUESTION OF VITAL IMPORTANCE
The question of where these parties stood and
their distance apart at the time of the shooting
was of vital importance. How were thew to
ascertain it? They should be allowed to prove
that distances from muZzle of q gun or pistol
were indicated by the marks of powder
They desired to exhibit the results of experi
ments with pistol exactly the same to show
the marks made upon white surfaces Gen.
Grosvenor read the testimony and decision in a
Pennsylvania case where experiments were
proved showing the effect of the powder from
pistol shots at various distances.
Science, he said had been brought to the aid
OF the legal professions; it demonstrated the
effect Of pistol shots. Of falling slate, as in the
mine case referred to. of faulty construction of
railroads or locomotives. They knew thu r,oxr