Evening star. [volume] (Washington, D.C.) 1854-1972, 1891-06-12
THE HEArH-rAPKN HOMICIDE.
Testimony Of Those who Saw the Fate
ARRAY.


ARRAY.
Yesterday afternoon, in the Criminal Court,
after The SrAR's report closed in the murder
trial of Thos. II. Heath, colored, for the killing
Of Emanuel Tapen, Anthony Christian Of 10s G
street testified that he lived upstairs; was look
ing out of the window. Moses Clark and
Augusta johnson, both colored, who lived in
the same house where the fatal ARRAY hap
pened, told what they saw of the fight.
On cross-examination the woman became ex-
cited and often reminded counsel that God WAS
her judge and she WAS telling the truth.
us this the knife asked?" asked counsel
Eyes. sir"
How do you know it is?''
That's the knife that came ont Of Mr..
Tapen."
But how do you know it9''
That's the knife that came out Of Mr.. Tapen
jest as shor' as there's a God on the throne"
'Did you see anything Of gun?''
YES indeed, replied witness. "He had
the gun in my face and was going to shoot us
DR.. Koones. who was resident physician of
Providence Hospital in November last, gave
evidence as to the nature of Tapen's wounds:
Witness also told OF the patients knowledge OF
approaching death, and the court adjourned
until this morning.
ToDAYs TESTIMONY.
On the resumption of the trial this morning
Mr.. Clagett called attention to gun sitting
by his desk and said it being loaded he did not
propose to sit by it, The gun was removed by
the court out of the room.
At the instance of the defendants counsel
he was allowed to retire for examination by
physician-Dr. Demorest of the health office.
Officer Edward H. Herbert testified to Heath
coming to the station, throwing down his hat
and saying. Death on the floor" or something
like 1t, adding, "You can kill me or hang; L have
run knife in man and broke it off and you'll
find him dead" He found the gun in Heath
room and new cap was on it. When Heath
came to the station his shirt was bloody.
Officer Sontag testified to going to the house
and seeing the knife sticking in Taben's breast
and he (witness) wanted to pull it out, but he
would not let him, saying that it was too painful
He went out and returning in a few minutes
after Taben gave him the knife. There was an
ak In Iaben's room and gun in Heath's room.
Deputy Coroner Schaeffer testified to the post
morton examination made on the body Of the
deceased. stab wound of the right chest cut
the lung and caused death. Taben was a we'll
formed man about six feet in height and appar-
emily ffty-fve years of age.
THE DEAD MANS STATEMENT.
Howard Brooks, reporter of The STAR testi-
fed that he was present at Providence Hos
pital when Taben made statement. He was
general tone was that he expected to die. He
took a liking to Mr.. Clagett and told him he
would meet him in heaven. The statement
was written out by Mr.. Given, read over to de-
ceased, who signed it by cross mark and witness
appended his name.
Assistant District Attorney Howard Clagett
testified that he went to Providence Hospital
with Mr.. Harvey Given and Taben's dying
statement was taken. When the statement was
commenced Dr. Coombs was present, and Mr..
Mullowney and Mr.. Brooks came in. The cap
ton as to the deceased being aware Of imperd-
ing death was read to Taben, and he acceded
to it,
A. r. Mullowney, assistant district attorney,
testified to the scene at the hospital when the
statement was taken. Several times he fell
back on his pillow and said: I'm gone Lord
have mercy upon me-" He asked about Heath
and the answer was that he was all right, and
added: ITO think that two old men like us to
act So" He thought that Taben asked if Heath
was alive.
Harvey Given Of the district attorneys Office
testified that Taben asked about Heath and
said: HE can't be dead for I'm alive" and to
Iaben's making the statement.
After recess the dying declaration Of Taben
which had been admitted. was read to the Jury.
1t relates their quarrel about going out of the
back gate, that Heath grabbed him and they
was shut up in his room and as he was putting
the hasp on his door Heath cut him with the
shoe knife.
THE DEFENSE OPENS.
Mr.. Lyons stated that the defendant was a
man Of sixty-eight years suffering with species
Of paralysis. He spoke Of the alteration, the
first angry words, when Heath threatened to
lock the gate, and said that he expected to show
that Heath retreated and in the struggle over the
ak that Heath was cut in the head and breast
and Taben got a wound on the arm, and that
Heath was exhausted when both Of them were
shut up in their rooms. Heath sent his daughter
for the police, and, after she had gone as well
as Griffin, Tapen burst the door Of Heath's
room: entered with anger in his eye,
and the blood on his teeth from the wound he
bad made by biting Heath. The latter ordered
iaben out taking up his gun, and Taben halted
at the sill. and after Heath had put the gun
down Iaben advanced a second time, when
Heath seized the shoe knife and the blow
was given. II they proved these facts they
When man retreats to his own bed room and
is there assailed and with the weapon used in
his honest trade Of shoemaker repels the act in
his opinion he was justified.
Caroline Heath, the daughter of the defend
ant. testified that she was sixteen wears old.
When they began quarreling witness was up
stairs and went down stairs and saw Iaben with
an ak over her father, and she hallooed: Don't
kill him, Mr.. Taben." The latter had the
ak drawn back and she went and took the
ak from LADEN ana nelped her father up and
he told her to 60 for an officer. but she did not
go then. She carried him to the door,
when Taben seized him again and they
clinched, and Taben bit her father
on the throat. Miss johnson had
a fork and said that she would stick
on. Then they were parted and they went
to their rooms. She put her father in
the room and locked the door and went
for an officer to the E-street station.
She ran both ways When she returned her
father had gone. as also Taben, and there was
crowd about the place and blood about the
place.
HEATH TELLS HIS STORY.
The defendant took the stand and related
his version Of the troubles between
them; that when he fell Topen got
on him, but they were parted and he
sent after an officer, and he asserted that after
they were put in their rooms Topen came into
his room and attacked him while he was bind
ing up his head and he then seized the knife in
self defense and inflicted the wound.