The Roanoke times. [volume] (Roanoke, Va.) 1890-1895, 1893-11-28


Statement to Mr.. Reed.
The whole day in the Hastings Court
was occupied yesterday in the trial Of
ID H. Mitchell for the killing of Noel c.
Dyer October 6. The first thing done
was the reading of the list of witnesses,
moro than thirty, which occupied con-
siderable time. r. e. Scott, of the
counsel for Mitchell, who is also repre-.
sented by Messrs. Staples, Penn and
Gish, moved that the trial be postponed
owing to the absence of material wit.
nesses. These witnesses were not in the
city but the court overruled the motion.
The following jury selected from the
Lynchburg venire was empannelled: N.
G. Colman, R. B. Schank, w. R.
Claiburne, e. L. Thornhill, c. A. Nc
Kinney, l.. D. Eff1nger, S. D. McGhee,
w. P. Dillon, j. A. Moon, j. w. Stop
toe, Walter Vaughan and e. D. Hatcher.
Commemorative Attorney Hardaway,
who is assisted by j. L. Stafford, made
an opening statement and introduced
the first witness, r. A. Pollard, who
stated that he saw Dyer on October6 He
pasted the prisoners home on Frank
lin road few min utes before O'Clock
going towards town. Directly after.
wards he saw Dyer coming out of
Mitchell's store with tho blood squirting
cut of his neck. He told the witness
that Dick Mitchell killed him. Mr..
Pollard sent for DR.. Luck and DR.. Can
naday. Dyer died in twenty minutes
afterwards. He did not see any cut ex-
poet tho one on his neck. He never
saw Mitchell. after the cutting until he
was in the police court.
The Judge, the jury, the counsel and
nun Der of spectators then went to tho
scene OF the murder and made an exam
ination OF tho place. After the return
MIR. Pollard continued his evidence, and
said: Il don't know whether tie snow
case was removed or not was in the
store with Mr.. Mills, and he went
behind the counter, and tried to strike
him. When no leaned back l could not
strike him without pushing the show
case away from the counter" Court
then adjourned until $50 o'clock.
AFTERNOON SESSION.
Court was again called to order at 2:ao
O'Clock. An answer was filed in the suit
OF A. Hoal ct. ais. vs.. James s.
Groves ct ais. The trial of the Mitchell
case WAS resumed and Mr.. Pollard was
again placed on the witness stand.
In the meantime considerable time
was lost in waiting for one Of the mem
bers of the counsel. When the witness
resumed his testimony he stated: That
he saw the wounded man twenty feet
from the store. He had measured the
counter in the store of Mitchell. The
height was four feet and the width
twenty-three inches. The space be-
tween the counter and the shelving is
abouttwo feet. The witness light was
Six feet two inches and his weight was
2lS pounds He had tried the expert
ment OF striking man over this counter
and found that man could strike
hard blow over this counter and show
case. He did not think the counter and
show case would be much in the way OF
men fighting over it, especially il tney
were tall men.
The showcase and the counter might
give the man on the outside the advan-
tage. The witness did know that two
short men fighting over that show. case
and counter could not hurt each othe +
much. The witness did not believe
that Mitchell could have cut Overs
throat across the counter.
Tho next witness introduced was DR..
Arthur Brown, who, on being sworn,
testified that he exam ined the BODY of
N. G. Dyer after his death. In connec
tion with DR.. Cannaday no conducted n
post-mortem examination and found
tho wound on the deceased which
severed the occipital artery. The wound
on the neck was sufficient TO produce
death and did produce death.
The deceased evidently received two
blows. He recognized the prisoners
clothes and explained the gashes in
them. DIR. Brown examined tho knife
with which the cutting was comu tilted,
and stated that there was no donbt thas
this YVES the weapon with which the
wounds were made He was of the
opinion that the wounds on tho neck
and arm were made by Two different
strokes. The witness beliey ed that the
wound was made by a downward blow
that is, from the shoulder to the elbow
DIR. cANNADAY's TESTIMONY.
After DR.. Brown had been kept on tie
witness stand more than an hour DR..
Chas g. Cannaday was introduced. The
witness saw N. G. Dyer when he was
dying and found him bloodlass and pale.
He had q wound in the neck ard ona on
the arm. DR.. Cannaday's measure
men,s of the wounds correspondent with
those of DR.. Brown. The wound on the
neck was / Il inches long and severed
the occipital artery &nd the musclt $
above it, The death resulted from
hemorrhage produced by tho wound.