Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1894-11-23
derness. yet fun OF power. He dweIt
largely upon tho moral side OF tho case.
and was listened TO with rapt attention.
THE REBUrTAL TESTIMONY.
Commonwealth Puts on Several witnesses


menced promptly at 10 o'clock.
The first witness called by Mr.. Richard.
son for the prosecution. In rebuttal, was
iar. Samuel NJ. Page. It will be remem-
bered that Gaul. while on the stand testi-
fed that he had made misstatements In
the case before the coroners jury be-
cause he had been advised by Mr.. Page
not to make a statement as TO the shoot
ing. Mr.. Page. In answer TO questions
propounded 10 him by Mr.. Richardson,
said he was never Gaurs counsel ana
never received any communication from
or had any conversation with Gaul about
the matter. He saw Gaul down at the
First Police-Station On the day OF the
coroners Inquest, but barely spoke 10
him. "Gaul did not seem inclined to
talk" Mr. Page sald, "and ] advised him
10 keep his mouh shut. / did not leave
him. j went 10 the coroner's Inquest as i
then thought, az associate counsel for Mr..
GcNamee."
Witness was then asked whether he ad-
vised Gaul. who had stated during the
trial that he knew McNamce fired the
three shots. 60 say at the coroner's IN
quest. az contained In his statepenf. Il
don't know who fired the shots. SHOULDN'T
tell to save my life" Mr.. Pages reply
was: at is false" He then continued:
II stepped into the hall and asked Gaul.
when ! saw him there. II he had been
with McNamee. and he replied In the
affirmative. l told him that I expected
TO be counsel In the case. and advised him
20 keep his mouth shut"
DIR. TAYLOR AGAIN TESTIFIES
Dr. William III. Taylor. the Coroner.
was then recalled. and Mr.. Richardson
mentioned the fact TO him that Gaul had
said In his testimony that the statement
which he had made before the Coroner
during the inquest had not been read
TO him before he signed Il. DR.. Taylor
said that In his opinion this was not so.
ct is invariably the CUSTOM" he said.
ito read out the testimony to every wit
ness. and this custom has been In ex-
istence for long time. IT is in the high
est degree improbable that ! omitted on
this occasion to read his statement to
him, and ] should be very much surprised
If j did not do 1t. However, II is so
long ago that I cannot say positively
that II was read TO him. II is one of my
invariabe rules. which IL carried out al
most automatically, and have no reason
20 believe that l failed TO do so in this
case.
II reached the scene of the killing about
Q o'clock on that evening. ] cannot say
with certainty that Atwell had on a long
overcoat with long sleeves coming down
over his hand. as stated by McNamee
in his testimony. / did not examine his
clothes until the next day at Laube's I'M
dertaking establishment, when the in
quest was held. II he had an overcoat
with n bullet-hole in It. l would surely
have put II in with the other clothes If
Witness Skeletons statement during the
inquest was to the effect that he did not
see Gaul hold Atwell, but saw him hit
the same. he must have snid so, or It
would not have gone into his testimony
When IL was read to him. however. he
might not have understood IL entirely"
After speaking in regard to such irrele-
want discrepancies in Nunnally's state
ment during the trial and at the inquest
DR.. Taylor stated that as rule no record
is kept by him of the articles found on
dead bodies. There was no requirement
for IL in the law.
HAD ON NO OVERCOAT.
Mr.. Nunnally. who was also recalled.
stated that Atwell did not wear an over
coat at the time when he was shot. He
was sitting at the table eating his supper
when he was called out, and he went
on the street without his overcoat. Wit
ness never said. XIII him." or xii him.
Lee" nor did he hear any such cry,
as both McNamee and Gaul swore had
been uttered. The only remarks he did
hear was after Atwell had been killed,
when Shelton cried out. "McNamee has
killed Uncle Lee" Atwell owned dark
overcoat.
Messrs. Godsey and Shelton, who were
then recalled, fully corroborated the
statement made in rebuttal by Nunnally.
and added that they themselves did
neither cry, XIII him." or XIII him,
Lee" nor did they hear any such cries.
Nelson Gardner. who was produced In
court for the first time, stated that he
was at the scene OF the shooting. sitting
at the time on the engine which was
standing on the track near the shanty.
He heard the firing, but heard no cry
XIII him. No one ran after the parties
standing near the slectrlc-light post be-
fore the shooting took place. He did not
hear anything until the first shot had
been fired. He did not see the first shot,
but saw the other two. He only heard
some one cry out at the time of the
firing or Immediately thereafter.
MARY HEARD THE COLLOQUY.
Mary King, a 17-year-old colored GIRL
was sworn and in answer to questions
propounded by Mr.. Richardson she said
that she now lived in Manchester with
Mrs. Bryan, but that she used TO live with
Mrs. Atwell, and was staying there during
last Christmas. and heard part of the
quarrel between Mrs. McNamee and Mr.
Atwell.
Did you hear Mr.. Atwell call Mrs. Nc.
Nance any bad names? queried Mr.
Richardson.
mo, sir"
"Did you hear him curse her?'
mo, sir. / never heard him curse in
my life. Mr. Atwell appeared to be in
a good humor."
How long had you lived with Mr. At
well?"
about two years"
"Was Mrs. McNamee In bad humor?"
eyes, sir
'Did she call Mr.. Atwell any names?"
"No, sir"
"Was she crying?"
mo, sir"
'Did she go away and take the veloci-
pede?'
'She did"
Did the little boy so with her?"
Yes, SIR
'Do you know where Mr.. Atwells
overcoat was on the night Of the killing"
Eyes, sir II was at home hanging be-
hind the kitchen door,
ATWELL'S FAMILY WERE ABSENT.
on being cross-eSamined by Mr.. Garter.
the witness stated that she and Mrs.
Atwell and the children went away from
Manchester on Tuesday afternoon of
Christmas week. going 10 Amelia Court
house, where they remained until the
following Saturday morning.
Then you were not In the city on
the night of the killing?" said Mr.. Car
ter. interrogatvely.
Then, how do you know that Mr..
Atwell did not have on his overcoat on
the night of the killing"
Because, when We got home on Satur-
day morning about O'Clock. l saw Mr..
Atwells overcoat hanging up behind the
door in the kitchen. 1t reminded me OF
Mr.. Atwell. and that is why i came TO
take notice OF It,"
Mr.. Smith: Did not Mr. Atwell work
day shift one week and night shift an
other?"
Eyes. SIR"
was he not on night shift when he
was killed."
Eyes. SIR
''It was late In December. and Mr.
Atwel was on night shift then, when
the shooting took place. was he not?'
Eyes, sir"
ot.ot< tla,, - AL r.