Evening star. [volume] (Washington, D.C.) 1854-1972, 1892-03-23

~ lht ANIE-hOOM.
il was. She asked whose it was, but no one re-
Piled. She did hear Col. Hamlink say, as if to
himself: my son, Frank" Sic did not ask
him ANYTHING further and went home She
heard whose body it was about twenty thirty
minutes af:erward. She did not go to the Ham
links that night or since. She did not offer
Annie any assistance when she (Amie) replied
that she was shot, for she didn't believe her.
Witness was not in her (witness) kitchen
when the firing took place. She did
not know that Mr.. William Schneider
WAS in the house at that time. Sne was GER
tain that witness was not in the kitchen or
basement at the time of the shooting. She did
not ask Jennie Hamlink what the matter was,
! and did not hear her say Howard Schneider
has killed my brother Frank and shot my
sister" Witness knew Mrs. Magee. She
had seen her since the shooting in witness
parlor. She did not tell her that the family
were all in the dining room when the shooting
occurred. Witness saw Howard about that
| evening and did not remember seeing him af-
terward that night She saw him leave short
while after supper.
The court-Mrs. Schneider, do you mean to
say that when you left the body you thought it
was your son?
Witness-l did.
The court-And you left it with that belief?
The court-And you did not stoop down to
look at his face?
Witness-I did not
Judge Wilson was not allowed to ask witness
why she thought it was her sons body. lex
ception noted
Witness-There was no strange young lady in
the house before or after the shooting that
night. She said she did not hear Howard say,
as he passed out that night. that he was going
to do up the Hamlink family, or words to that
effect.
Judge Bradley stated that on referring to his
notes he found that Col. Hanllnk had been
| asked by the defense if he (Hamink) had
threatened to shoot the defendant, and the re-
ply that he had not. The defense was
| therefore bound by the answer.
MR.. A. A LIPscoMB.
Mr.. A. A. Lipscomb testified that he heard
the shooting He heard one solitary shot, then
a most pronounced interval. then a number Of
shots then another single shot. He had never
fixed the number of shots IN his mind. He did
not pretend to count the shots. They were
| fired too rapidly. He had no impression az to
| the exact number of shots, but did
have an impression that there were
| more than five shots. Witness was not allowed
| to state whether or not he had reason to be-
| lieve from the sounds of the shots that more
| than one pistol was used. The witness said he
went over to Col Hamink's at once. He took
over two pistols. Both were brought back
As witness went in he raw Frank Schneider at
the steps. He saw young Hamiink's body in
the parlor and Mrs. Annie Schneider there. He
had conversation with her there, on the way
| up to her room and in her room.
NOT PERMITTED BY THE COURT.
Judge Wilson endeayored to ask witness
| wha. sine said abou. the shooting in order to
contradict her so-called dying declaration, but
| an objection by the government that the
| foundaton had not been laid by showing that
he's mind at the time was clear was sustained.
Judge Wilson said: Your honor. it is for the
| Jury to determine whether she competent
| to make statement at that time.
The court, sharply-No, it is not. 1t is for
| the court to determine.
Judge Wilson then argued that it had been
| shown by the governments own witnesses that
| she was in a condition to state nationally her
| version of the shooting.
| The district attorney claimed that Mrs
/ Schneider was suffering great pain, was in great
! agony and for sometime aft,rward in no
| condition to make q rational statement.
| In reply Judge Wilson stated that the de-
| Tense asked the question merely to contradict
| the fact tina. Mrs Schneider made only one
| version of the shooting. The purpose was
| simply to show that she made an entirely diff
| ferent statement to Mr.. Lipscomb than from
| her dying statement In the dying declaration
| the accused is entirely at the mercy of the de-
ciaration. He is entirely cut of from all cross
| examination.
| The court. after Judge Wilson's remarks.
| simply stated that he saw no reason to change
| the ruling.
| Judge Wilson then offered to show what he
could prove by the witness. when his honor
| stated that he would not allow the offer to be
stated on the ground that only questions and
not leading ones could be asked: No PROPOSE
ton as to what it was sought to DO shown by
the witness would be allowed
Many exceptions were noted in these in
| stances by the defense.
| The witness, continuing, stated that he ex-
amlned the Hamlnk house that night. He saw
MIR, Wescott there. Witness not allowed to
state whether he searched for any particular
timing In the house that night in company with
MT Wescott, nor that he searched for re-
| volverl
Witness said he saw in the back room second
story. on the wall, large black revolver case,
and 1t was empty. He saw Mr.. Wescott rum
mage through the upper two bureau drawers.
Witness also looked In the bureau. He was
looking for pistol
Cross-examined-Th case ives not too large
to hold an ordinary 36-caliber revolver The
case was about ten or twelve inches long. Wit