The sun. [volume] (New York [N.Y.]) 1833-1916, 1892-02-27

the sheet was He'd. .meerschaum pipe with
SrosseNamimaton Of Mrs Medr and received
co %n ass
to be a Door witness. Mrs. Wales memory Memory
clear and convss Wades sf memory t WAS very very
tricky. When, Mr.. Howe cross examined him
he seemed to have forgotten ONE statemSnts
which he had testified to at TINT time which
were OF, considerable Importance to Webster
to him he retracted statements which he had
ju.t made end finally took refuge under ale
to the general story OF the occurrences at the
percyal on the nicht ! Of the he. shooting corroh,
and when Mr.. Howe asked him what he meant
by a statement. he replied hy asking If Mr.
HOVE wanted 1,d dramatic representation OF It
Wade said tbat, he was with, his wife when
a IN
the elevator to the third floor and went to
GoodTin.s room; ., Goodwin S lay on d. the floor
ments Of the cuspidor, He was the first one TO
mer followed him closely. (ioodwi MS coat was
clutchine, at the wound. His face was very
peMf a Melnty M1S sat s0s t. the Court at this
point That he was ready to lay the foundation
Accordingly the Jury was excluded while the
Court heard tha testimony and DECIDED HtS ,
GUIDED. Wade then testified that when DR..
WINNER !septer entered tho room Goodwin OK
mel" DR.. WINNER exam ined the wound.
Q.What did he say? Ale said that it
was fatal. He thought tho bullet had perfo-
Odd Goodwin say anything? Ale
said Hurry IN, hurry up. Let me die. I'm
QEWhat elssi Ale sad: II wish, he
had shot y me again , SO as to Iii me at once"
"@ebstsr came TO my room and shot me-" IL
said he was suffering greatly. Hs said: 1T
wSf eF Howe '% to hs of
this dying declaration. on, the ground that it
was not shown conclusiyely that Goodwin hal
that the dcclarant had absolutely no hope OF
recovery which raisess his declaration to tho
Mr. h lowe" citcd several cases Where such
drclalnti"n had been ruled out. and read de;
cision OF, Of Noah Davis in case where the trial
Judge Cowing agreed that in all tho cases
cited tho declaration was clearly inudmissible.
He quoted from Greenl-uf on Evidence the
circumstances under which such II declaration
II "miIsir and then "yerruGH the obl.g-
mnny was read to them by the stcnogruphcr.
Mr.; Howe then cross-examin"l Wadn. at
.aid that one Ne night month Defor. the shoot.
s reo snd
drunk This Tsfsrred to tn" niSIt when Good,
with him. Goodwin was under the infiucnce
OF liquor. and put his. arm around Mrs. Web.
stsr saying I +, ni n Is s the sI i'll Io Y,
In. Wad" testified to this ut the Coroners in
quest; hut Yesterday he hHd forgotten It;
&e'n Ms Wade 'ead % I'll s s
remember the event but he finally recalled it:
He got Ont night mixed i up with the night q
Webster notified Wade. whose wife was the
housekec,ler, Of the rercival. that b. intended
cent assaults on Mrs. Webster Judge Cowins
snd tn1t wa Ho imrrorsT crossc W
Knautr asked him how Webster appeared
when he SAW him on the stair.
'As far as could see. he seemed perfectly
cool" replied Wade.
showed that he had been luboring under u
very grave misapErtehension. .,,.+ cood,r,,
wished Webster had shot him again SO as to
The witnesses had come bnck with the Jury.
This was done. Mrs Webster, who had been
asked II she would he obliged to go. and judge
Cowing said he could not make an exception.
Tears rolled across her cheeks as che left the
court room. .
DR.. Sebastian J. WINNER was the next wit:
ness His Testimony concerned the finding o!
Goodwin. and was the same Ms Wnde's. he
made II careful cxamination of the wound:
%a wn no was . =ha
YOU entered the 'rooml Ale said: on.
DOCTOR, doctor! save me-! save mel"
Q.-After you examined the wound. did you
told him his wound was fatal.
,Q.a,What did no say' Ale said: Let me
Q.-what then9 Al asked him who shot
.Q.,what did he sayP Ale said: "web-
2adwhat then? Al asked him how i hsHs,
to the door and was confronted by Webster.
Odd you see the fragments OF cuspidor?
Ayes. sir, noticed them when fret went
In. ! asked Goodwin how the cuspidor was
stumbled and fell in II.
On cross-examinntlon Dr. Winner snid that
he did not remember his testimony at the Cor
fSsn he NJ HG T Ha at' %rd 4
tectiye Allen Hay Of the West Thirty seventh
street station testified. Ho was sent to the
Pcrcivai iy the Sergeant Mt tho desk IN the
station house that night. He found Goodwin
lying on the lounge ana saw the wound IN his
Odd Goodwin say an ything3 Ale said:
Hurry up. boys, Hurry up: I'm going
asked him how 1t happened and wrote his
Il word fSr we'a q
writing and man never saw before By the