The World. [volume] (Martinsburg, W. Va.) 1891-1896, 1893-02-03

~ ANtrNAfAt W c4tut 4 &d
d. Who told vow what you were mp
here fort
a. Nobody told me SO, but l be-
iieye il.
q. Then you don't know III
a. Well, what am | here for, if I
am not here for thasi
q. What time was It'll
4. just before the whistle blew.
4. What were you doing when this
conversation took placei
q. Sitting on the step.
ii What stepf
a. The second step.
q. Who was there beside you and
Murphy2 a. Nobody.
q. How do you knowf
d Because / did not see anybody.
q. You know you were sitting on
the second step+then3
"a. Certainly know il, because !
wouldn't sit on the ground.
q. You know you we're on the see
Old step and that il was a short time
before the whistle blew, and remem
Der the exact words; didn't you say
that you didn't know what you we've
swearing tot
d, don't know as | did.
d. What did yen say
a. / don't remember.
d. Do you tell . thing and forget
it in a minute I
q. | can remember what he said
Just as well as the day he said it.
Mr.. ii. E. Small, called by the de-
PENDANT.
Direct-examination by Mr.. j. R.
Clifford;
q. Will you state whether O not
you were one Of the grand jurors in
the month Of September q. | was.
d. viii you tell, if you know any
thing, what you heard said there by
the prisoner at the bar, Mr.. Murphy,
in regard to Mr.. Evans. a. | recol-
lect very little hat was said, and /
guess 1t would have escaped my mind.
altogether if it had not been that our
foreman asked the quest n a second
time whether he was certain that Mr..
Evans used certain language; now,
whether it was in regard to the draw
ing Of the revolver ! would not state;
it was in regard to using profane Lam
~guage-the profanity is what called
my attention, and he repeated the
word the second time, testifying the
second time that he did hear Mr..
Evans say those words.
d. What words were they
a. D., | do not know whether
it was in reference to the Snowman or
not.
q. Are yon positive those are the
exact words he used2 a.. | qualified
TO that effect this morning. What it
was in reference to ! would not be
positive; what impressed my mind was
that the foreman asked him the second
time whether Mr.. Evans used such
remarks.
DISCRIMINATION BY y. s. Grant
Pitzer.
q. AS to your recollection he did
use something of that nature or the
exact words. d. Those were about
1.-THE words as / remember.
d. They were drawn out upon the
second question Of the fcEemanf g.
Yes, that was what struck me; / can
give you what he said; he said it IVES
the first witness stand he had eve
been on.
d. Can you remember any nlore9 q.
no, sir.
q. Do You remember, whether Or
not the word pistol or gun was usedi
a. / do not recollect.
d. Were you paying particular at
tention to the testimony at that time9
d. After he took his seat and made
use of that remark-I did not pay
much more attention until our fore
man called his attention to whether he
he was certain Mr.. Evans made use Of
this word.
q. He might have used the word
revolver Of pistol and you would not
remember it now. a. Oh, yes sir.
Mr.. Robert Lamon called for the de-
PENDANT.
Direct-examination BY Mr.. J. RI
Clifford.
q. State to the jury if you were
one Of the Grand Jurors of the Sep
TENDER term past, and If you heard
anything, or what You heard, concern
ing a transaction that occurred on Mr..
Evans lot, or outside Of his lott a. /
believe / was one Of tile Grand Jurors
iii that time, and ! hearda great many
ihings said just at that time, but
cannot remember what Vas said just