The Roanoke times. [volume] (Roanoke, Va.) 1890-1895, 1891-11-06
ALL THE EVIDENCE SUBMITTED.
The Feagles Trial Drawing to
a Close.
"A Sharp Contest Between Counsel About
Admitting Evidence In Rebuttal-Tbc
Argument Will Begin To-day-J. &.
wysor to Lead on for the Prosecu-
ti9n.

nony In the teagleS murder trial has
all been submitted, and tomorrow the
argumentative battle will be begun.
Tho defense introduced but one witness
to-day, Mr.. Henry Dunlap, farmer,
who lives near Newbern, west of the
Thorn Spring road. Witness testified:
On the day Mr.. Caddall was killed 1
was on my place, near the southwest
corner of the Noel orchard, from about
o'clock until about $3.50.
heard shot in the woodland ad
joining my place about $3.50 o'clock.
On his cross-eXamination witness tcs-
titled; l was sowing. got to my house
about O'Clock and after Mrs. Watson
came there. spent perhaps half an
hour in sitting on fence talking with
Ringer, the man who was working with
me,
When tho witness had finished his
cross-examination, Mr.. Larew. of coun-
sci for the prisoner, said: 1--WE will
close here for tie defense"
The presentation of rebuttal testi-
mony was then begnn, The first wit
ness called by the prosecution in re.
buttal was T. q. Hall, who testified that
he had conversation with Feagles
about sending back to the party from
whom 1T was obtained in New York the
50 calibre Marlin rifle, which tho
brother of the prisoner, John M. Feagles,
had testified had been sent back. Wit
ness was in Feagles' store when the
box was opened which contained this
rifle and five Winchester rifles obtained
to fill five private orders. teagles, the
prisoner. said he was going to send it
back and get a 32 calibre.
The next witness was j. A. Pratt.
who testified to conversation with the
prisoner about his getting rifle to shoot
squirrels with. Mr.. Williams, Of pris.
oner's counsel, objected to the introduc-
ton of this testimony.
MIR. Wysor, of counsel for the prosecu-
ton. said that his side had shown that
the prisoner. who was dealer in fire
arms, had had in his possession certain
guns and rifles. One of these was 3S-
calibre rifle Of the Marlin pattern. The
defense met them by showing that
Feagles had returned the Marlin gun.
Is it not rebuttal evidence to show that
their testimony is untrue? he asked.
The impression Ghey seek to make with
the jury is that he had 3s rifle and no
other. We think we ought to be al
lowed to show that he sent the .3S rifle
back and that in it's place he did rot
.32.
General Walker saii: "It is not nv
wish r that of my associates to offer
any evidence that is not strictly legal.
But do not agree with the other side
as to their definition Of rebuttal testi-
monY They said he had no rife.
That was not testimony in chief
When they prove that the Marlin rifle
was returned, is it not new matter that
they introduced? Why were we to go
forward in chief and prove when and
where he got his rifle? The investiga-
tion is always on the question at issue"
Judge Bolen said that the idea he
had of the question presented was that
the prosecution could not go back and
patch up testimony that had been
already offered.
Mr.. Williams still insisted that tho
prosecution sought to bring in new
matter which should have been intro
duced in chief.
General Walker said the counsel for
defense brought the 3s-calibro Marlin
rifle into the case. They could not do
this and shut the prosecution out from
investigating it,
Judge Brown spoke again on tho
question and contended that counsel for
the commonwealth had exhausted the
whole subject of guns in their
testimony in chief, or ought to have
done so. The only subject of investiga-
ton here is the 3s-calibre rifle, he said.
They could have known of a 32-calibre
rifle and should have known and proved
it in their testimony in chief. They de-
sired to keep from the jury everything
that was illegal
Judge Bolen suggested that If they
desired to discuss the question at
greater length he would give the
jury in charge of an officer and
send them out of the courtroom.
General Walker said he and his asso-
ciates proposed to show what the pris-
onef did with the 3S. calibre rifle. If
they had right to part of tho decla-
ration concerning it they ad right to
the whole declaration.
Judge Bolen permitted the witness to
testify.
Mr.. Pratt resumed his testimony and
said that Feagles, the prisoner, told
him either that he had returned or was
going to return his 3S-rhe, the Marlin
gun; that it was too large calibre;
that he wanted a smaller calibre rifle to
shoot squirrels with. This was said Of
the June term of court, 1890. Mr..
Lane, one of the parties who had pur-
chased rife from the prisoner, was
going away and therefore tried to sell
him (the witness) his 3s.calibre rifle.
On cross-examination witness said
that the conversation took place in
May, 1890.
c. w. Lyons was the next witness
summoned. He testified that he had
been first summoned as witness for
the defense, but was not called to tes-
tify, when it was learned what he knew;
and yesterday he was summoned as a