Evening star. [volume] (Washington, D.C.) 1854-1972, 1891-07-16

and said that this morning he found Hams
pulse normal. He had been q sick man for
several days past but he did not think a trial
would in any way imperil his life. On Tuesday
the prisoner was n sick man and yesterday he
would have said that Hams would recover COM
pletely from the dysentary within a week
ten days. He is still not in his usual good health.
He hardly thought that Hams could undergo
and do justice to himself as well as if he
were well He thought that
Hains was physically able to tell the cir
cumstances attendant upon the shooting
affair, but that the strain of such cross-ex-
animation as Mr. Lipscomb would be likely to
subject him to would probably delay his recov-
cry from the dysentery for week or ten days.
ARGUING THE POINT.
At the conclusion of the phi ysician's testimony
the point was argued on both sides and Mr..
Lipscomb for the commonwealth gave young
Hains severe raking over. referring to him as
a man with the flush of health on his face. cool,
calm and collected and now asking for a con-
tinuance of his trial for the killing of his friend
because, forsooth he was not in the physical
training of a John Sullivan on the eve of battle
He was replied to by Mr.. Shillington, who
repeated the testimony of the jailer as to
Hams condition and explained what it was the
defense asked for and felt confident they could
prove.
While the argument was in progress a
OF young ldults lrOIu tuc bcia, w
quaintances of Hains entered the court room
and were given seats in the rear of the ROOM
The decision of the court on the motion FOR a
continuance was waited with the closest atten-
ton.
MOTION FOR CONTINUANCE ovERRULED.
Judge Peck said that he would rely more
upon the testimony of the physician than Of
the jailer. and he said that he did not think
the testimony of the physician that cross
examination might delay Hams recovery for a
week or ten days Of sufficient importance
to warrant a continuance. and he would there
fore override the motion for continuance.
Mr. Shillington noted an exception and
Judge Goode at once arose and asked for a
postponement for a week. With the belief
that a continuance would be granted the de-
Tense, he said, were not properly prepared to
go on with the case.
Mr. Lipscomb objected that this was simply
the same motion in different form and he in
sisted that the case be gone on with on the
ground that one of the most important wit
nesses for the prosecution, Commander r. ID.
Evans. had been ordered to report in New
York in two days to take command OF hisvessel
and go 20 sea, and this pubic reason was suifi-
cient to warrant the court in proceeding with
the trial.
Judge Goode answered the argument at some
length and protested against Mr.. Lipscomb,
who represented the private part of the prose-
cution speaking for the commonwealth 8 attor-
ney, whom he had not heard make any strcru-
Gus objections to the motion. There were
any number of sharp little passages
at arms between Mcssrs. Goode and Lipscomb
the former characterizing the latter as an out
slider coming down into the Old Dominion to
secure conviction of a young man without
regard to the due process OF law as observed in
the old state Of Virginia.
Mr.. Montague replied that Mr.. Lipscomb had
spoken but the sentiments Of the common
wealth's attorney and insisted that the state
could not well proceed with the case in the abb
sence of Commander Evans The court over
ruled the motion for postponement and the
defense noted another exception.
RECESS UNTIL O'CLOCK.
At this point a recess was taken until
o'clock. VK.