Evening star. [volume] (Washington, D.C.) 1854-1972, 1891-03-23


offered to pull Kincaid's ear. Two hours later
the men met again on the stairway on the east
side o. the House leading down to the base
ment. In an instant kincaid had drawn a pis-
tol and fired. The bullet passed through Taul-
bees left eye and lodged at the base of the
to the police. Taulbee WAS removed to his
lodgings on Capitol Hill, where he died on the
morning of March IL.
AN ARRAY OF COUNSEL
The Criminal Court room was thronged early
this morning. At the counsel table sat Mr..
Jere Wilson, Representative Grosvenor and
Mr.. c. Maurice Smith, who appear for Kincaid.
Senator Voorhees,. who is associated with them,
is unable to appear on account of ill health.
District Attorney Cole and Assistant District
Attorney Clagett sat at the government table
kincaid sat with a friend just behind Mr.. VIII
son. He is short and slight and dark He was
attired neatly in dark coat and vest and trou-
sers of gray stuff. He glanced around the court
room through his glasses, and seemed quite as
calm and collected as any spectator there. De-
casionally he played with walking stick which
he had in his hand. His somewhat diminutive
size was made more apparent by contrast
when Lawyer Maurice Smith went over and sat
down beside him. In the gathering in the
court room We're many well-known newspaper
correspondents. some Of whom have been sum-
moned as witnesses in the case. 1t was ex-
pected that Judge Hagner would preside but
illness detained him at home this morning. So
the people gathered in court had n long time
to wait until another judge was provided
JUDGE BRADLEY WILL TRY THE CASE.
1t was Ills o'clock whom Judge Bradley
came into the court room and took his seat on
the bench and the crier's Hear ye'' hushed
the hum and buzz Of conversation through the
court room.
After the names Of the two dozen witnesses
for the government in the Kipc.id caSa boJ
been called the district attorney announced
that the government was ready to proceed.
Mr.. Smith. for the defendant, stated that the
defense asked the privilege of Withdrawing the
plea OF mot guilty to file pro forma a motion
to quash the indictment on the ground of in
sufficiency.
The district attorney objected to the motion
at this time as irregular, improper and unfair
to the government.
MOTION TO oUAsH.
Mr.. Wilson said that at the time Mr. Kincaid
was arraigned he was in delicate state of health,
and it was stated that they would reserve the
right to withdraw the plea. Mr.. Wilson said
his judgment was that the indictment was a
good one, but as a matter of caution, in order
to reserve all the rights of the defendant, he
made the motion.
Judge Bradley granted the motion to with
draw the plea.
Gen. Grosvenor said that it was fair to the
court to say that there was nothing masked
under this motion: that for himself he had no
knowledge of any defect in the Indictment. He
believed it was perfectly sound, but it was de-
sired only to reserve every right the defendant
had.
Judge Bradley said that with this assurance
he would overrule the motion to quash.
The motion simply stated in a general way
that the facts set forth were not sufficient to
constitute the crime charged.
KINcAID AGAIN PLEADS NOT GUILTY.
Kincaid then arose in his place and was again
arraigned. He stood up while the clerk read
the indictment, and at the end of the reading
replied, in response to the usual question Not
guilty."
The tedious work Of organizing o jury was
then begun. Twelve of the regular panel were
called into the box. The examination of the
jurors on their voir dire was begun by District
Attorney Cole.
THE FIRST JURORS OPINION.
The first juror called, John H. CARL. had, he
said, formed an opinion as to the guilt or in
nocence of the defendant. 1t was he said,
based on what he had read in the newspapers.
He thought the opinion was such as to make it
impossible for him to give the defendant fair
or impartial trial.
CONSCIENTIOUS scRUPLEs AGAINST CAPITAL Pun
IsHMENr.
VIM. H. Barstcw, who was next examined,
said he had formed only such an opinion az
one would naturally form On reading the news
papers. He thought he could render an i'm
partial verdict. There seemed to be no OBJ
lection to Mr.. Barstow on the ground of opin-
ion. But the next question settled his case.
He said he had conscientious scruples against
capital punishment. $50 strong that under an
indictment Of murder you would violate your
sworn duty as a juror on account Of . senti-
mentT' said Judge Bradley.
'My conscience would not allow me TO bring
In verdict of guilty"
my Judgment ID" said Judge Bradley shat
You are not at to act as juror in any case
Mr.. Barstow was excused.
ME-. JHxKs ACCEPTED.