The Providence news. (Providence [R.I.]) 1891-1906, 1892-12-29
The Contest Over The Admission Of
Gaddis' Statement Ended.
HE SAID This FIXES Me-"
Col. stiness and Att'y-Gen. Burbank Quote
Authorities as to the Precedent for
Its Admission-The Testimony OF Glib
ney, DIR. Winsor and Others.
ESPECIAL TO TUE NEWS,

OF the jury Of Anthony.
The first witness sworn was DIR. John
Winsor, who testified as follows: 81 am
medical examiner and lived at Anthony
on Oct. 81. 1891. On that day about $3.50
p. NJ, / went to the house of Rhodes
Cornell and saw John Gaddis in the
west room. He was pulseless at the
wrists and was very pale A gunshot
wound penetrated his abdomen about
Two inches above and at the right of the
umbilicus. The wound was fatal and
Gaddis was evidently soon To die. / ex-
amined his clothing The coat looked as
IL singed by powder. IL showed that the
shot was fired at close range.
About 1880 that night l made an au
topsy. assisted by DIR. X. Morton Smith
We found that the shot had passed into
the abdomen, and most of the shot had
lodged on the right side OF the backbone
and against IL. The mesentery vessels
were injured. Most of the shot were In a
mass. The direction Of the wound was
slightly from right to LETT and little
downward. There was no apparent scat
tering of the shot at the external wound
but internally few were scattered"
DIR. Winsor was asked il Gaddis indi-
Gated whether he thought death was Inn
pending. Col. Stiness objected to the
form OF the question but the objection
was overruled.
DIR. Winsor continued "Constable
Gibney went into the house with me-
Mrs. Eliza Reynolds was in the room
bead against her. Mrs. Cornell was
there. Rhodes Cornell was In the bed |
room lying on the bed. lie was ntoxi- |
Gated. As / passed by the door said |
How do YOU do. Rhodes p and he said |
Ho do you do, doctorp p Had no further |
conversation with him at that time. Mrs. |
Reynolds had n slight mark or scratch on
her right cheek, think. | found gun
and put 1T IN possession OF one of the con-
stables"
The guu was shown DIR. Winsor and
identified.
In the cross-examnation by Col Sti-
ness the witness said that from the posi-
tion of the wound the gun must have
been held nearly at right angles with
the body aud pointed slightly to the left
of the person shot. He had sent for Con
stable Glbney to arrest Rhodes Cornell,
and he thought that Constables Gibney
and LeMay came in together
When asked by Attor .ey General Bur
bank, the witness said he found the gun
in the southeast corner OF the bedroom.
Lionel G. Gibney testified. lie said;
II went with Robert LIE May, Eli lie Nav
and Norman Bigbee TO Cornell's honse.
Dr. Winsor told me To arrest Rhodes,
and went into the bedroom aud put the |
haudcuffs on. Robert lie May aud then
went Into the sitting room at Dr. Win.
sor's request. John Gaddis was lying on
the floor"
,Gibney was asked what Gaddis said
about expecting death. Col. Stiness OBJ
Jecl ed and the objection was sustained
Attorney-Gen. burbank asked what, il
anything, John Gaddis said about mis-
physical condition.
Col. Stiness objected, said this would .
be hearshy testimony aud objected.
The objection was overruled and excep-
tion noted.
The witness answered Attorney Gen.
Burbank's question and said: Gaddis
said. =" guess this will fix me"
The witness was then asked "What
did Gaddis say about how he received his
Injuries 2"
This was objected to by Col. Stiness.
who claimed that the answer would be Z
Equivalent to a dying declaration, aud
there had been, he said, no testimony To
prove that John Gaddls supposed death
10 b. impending. c
he court, at this point. adjourned.
To-day's Session. a
The court came in this morning at 1918
Lionel c. Gibney was recalled to the wit.
less stand. a
Attorney-Gen. Burbank asked for tho n
reading OF the question which was OBJ
ected to at yesterdays session. The
question WAS read.
1t was What did he (Gaddis) saw to L
'cu NbOue hCW ho EoCtlNeu MS INJURIES f' |
Gen. Burbank read from bishops
'lrsJ Criminal Procedure Volume
section i,2l2, and Watson's Criminal
evidence ninth edition, Section 2s2 sun. "
'orting his stand that tue dying decla- %
alton of John Gaddis should be admit.
cd AS evidence.
Col. Stiness quoted from Stevens, r.
Digest page lS2, article 81, and Thomp- L
on on Trials. page 96 section 327. and W
iaimed that Gibney's statement that W
iaddis said, This will fix me-" did NOT le
lean that Gaddis had given up all hope OF
( recovery. y
IF this declaration is to be admittsd.n B
oil Stiness said, 1T should be alone on %
trong testimony. 1t must be shown that 10
adds believed death to be- cer:alnu III
Col. Stiness read from Stevens Digest an
howing that II the injured man had ex- 81
ressed a faint hope OF recovery his diving re
&C aration should be excluded CO
General Burbank said that Gaddis had
OF expressed faint hope OF recovery Tn
is statement: This will fix me'' was
Iuivalent to IL think 1 cannot re- tn
Iver" ch
After some further legal sparring the III
'urt decided that the question should Ia
admitted. sp
The question was read.
Constable Lionel Gibney testified as
'llows: "Guddis said that Cornell had
TO- him. don't know how long I was
the house. DIR. Winsor. Robers LIS
ais anu nlyselI were present when the
1lng statement was made.
took Rhodes to East Greenwich, to- A.
'ther with Robert l.. Mas. Rhodes
Id on the way that he onght not TO
I've arrested him. lie wasn't going TO ,
I'VE house OF ill-fame made out OF his !
'use. He offered me So TO take him back AM
his house. He said that was ali the
oney he had. Sunday / saw him in
Gioney was cross-examined by Col.
inesse He said: Il knew Gaddis and Nj
were good friends. Cornell was stupid Fa
hen we left the house and 'hollered' n
me aud wanted To stop He asked me ma
take him home. When | entered the set
use found him on the bed. There was Fa
Indication of his being under the infiu- orr
CO of liquor.
reached the house between 3 aud $780, Fo
hen 1 got TO the house l arrested val
Iodes. He made no offer to escape or
resistance. There was n scratch on