The times. [volume] (Richmond, Va.) 1890-1903, 1895-01-31
,,or. and soon after left to go to church

KNOW.
,,I'tcb poblnoau handed him. and asked
,ho Latter 10 accompany him 10 the
It,, bouse which he did. ON the way
- ,bo cation house they were met by
t,l.1ice,oen Angle and Jenkins, ana WIZ
,,osq told them what had happencu. "heh
NJ Angle asked Rabineau why ne shoI
rr,vsier. he replied that he did not
I,now. lie added that Frays.er did NOT
Vant 10 let him alone, and ne thelelo'e
shot him. Later he said that ne ala Hot
intend 10 shoot him In the belly Dut
Intended to shoot him in the leg
on coss-cxamination witness said he
,,,o,Iobt Rab.n.au had told him lie cid
NOT intend to shoot Fraysier ana ne
thought Rab'ncau observed that the p'stol
went IN when he took II from his pocket
He subsequently told Mr.. Bennett an
Mrs. Rabneau what the accused had
said:
Police Oncer Angle testified that on
the morning Of November Sth last he was
standing on Broad street. when Of'icer
Jenkins came up 20 him and 20 him that
some one had been shot In Mcl)o 1ougA
saloon He started in that dire on, ana
when about twenty yards from th- pa
he met Rahipe1u and MCDonough comlhE
towards him The latter told me mat
Fravsicr had been shot, and he nodded
towards Ralineau, whe1 a. ked VINO
shot him. RabneaU told witness that ne
ebot Fraveicr because the latter kept
after him. but he did not intand 10 shoDt
him I'm the belly. Witness then tod III
that 10 would have been b tier II ne
had shot him In the leg.
r4LtRp ~ RArIovAl MtNNvr.
on cross exam nat. on witness sal X d.
rcau was not drunk when ne IDf, ''l"'
while he looked like man VINO had
drinking. and he thought inc man ''iNe'
in rational manner at the thue, A..
Dr. Darlington was tfcN caI "a ny 81"
defence. and stated that Wh," nv g.
the bar-room he found twelve OF IHteeh
men there. who We're all more OF ItsS
ovcitod and about half drunk. The H.
iurcl man was lying on the u or ID
corner and some one was knee ing al, NJ
SIDE Of him. holding his mead IN ms zap.
Rabincau stood at the bdI' anu H"o
,ratty fight. he WAS wee ping ana cIyl's
al inc time The man who heIh ray
eiey's head said: you shot III re
a ~ 9op and ought 20 hang for ~, ana l
irtord ia see that YOU do it, X ibl eau
rorliel that he would not have shot fray
e.cr for anything. The man VINO mace
the remark about Rfb neau was lne
same one who went with fraESieI 10 'n-
bospital I'm the carriage and renamed III
49,, ,nrbftbeatrc during the operation.
lie was subsequently idenuh'd by VII
ness as Tom Lewis.
Dr Darlington also said that the men
iu the bar-room appeared 10 nave d. a."
i'm a friendly drunken Tow.
The reporter Of an evening paper, "H'
interviewed Rabiueau on that mo NIX J"
tho station house. was also called as 4
,.itees nv the prosecution. lie said tral
p,bineaii admitted to MIN he had sLot
I,ravsier. after having been PROVOKED ny
him beyond endurance. lie had ca'uo ca
him several tines to desi-t but III YAM
because he dfd not 90 H. ne SH"t nm
Witness thought Rablneau Ia iol haNe
his proper mental facu.t eS ABOUT Il",
mat morning. but he believed every WoTd
mo man said. whom he thought TO nave
been on protrdcted debauch.
rpf rE-IDrNr rHYsI IAV.
Dr Richard Davis the res dent physi-
cian If the hospital, next took the stand
tIo said ne was present when the op ra-
lion was performed. and the patient was
lat i'm his charge. About mldnlEhi NJ
found Frays'cr was sink ng ard ne a9Fe
him # ne desired 20 make statement,
Fravsier then asked whether ne WouI"
have to die. and witness tod nm ne "ds
a vow. an man. and might have TO cl'
h,,, d.. diJ not tell him that he would
Jin Witness added that Fray was
,.ar, low but that he did not think tnaJ
ne was then dying.
some discussion arose between cou' gel
when upou this testimony the pros, cul'oh
,J.a,.o-od TO introduce statement VIII
tcu hv Dr. Davis at the dlcl'iloH "l
1,ra,eier and signed by the latter, as
d,inq declaration The jury was sent 10
tto,j,s Hotel for dinue- while the qucs-
tion was being argued by counsel ana
line Court finally decided mat Inc Siil'-
mont was not admss bic. the prosecu-
tiou then announced their intention 10
rrove The same thing by Miss Pettus d
nurse at the hospital Meanwhile the
rourt took a recess for dinner until
o'clock.
rHg AFTERNOON sFs'IoN.
,rbe afternoon session opened shortly
,ffcr 2 o'clock. and Commonwealth Al
foruev Smith announced that ne proposed
ia iutrodurc Miss Peters. the nurse a.
the hospital VINO was IN Frays-er room
INST before his death. and who was pres
emf while ne was ASKED by DE DAVIS u
nee had Any statement To MAKE NJ
smith said that he proposed TO prove pN
thr nurses statement what had p'en
5,emeJ unadmissible in Or. Davis test-
,nouv II WAS decided by the Court that
th. lu-y be- taken out until the judge
had decided the question raised by CouH-
sell
Miss Peters then testified That the pa
tieut had stated I'm her presence lhdI ne
d.i not expect To- become wei again
This testimony was +UllN-tH' ~ o'''"
the statement referred 10 by Dr. DAVIS
to become part of the evidence. ana MISS
Peters left the stand for the time beng
while the jury was recalled
Mss Peters was then recalled, and re-
heated her statement to the jury She
said she was nurse at the Virginia Hos
initial and had been detailed 10 nurse
Young Fravsier. whose operation she at
tended. She was present when the ante
fnortem declaration was given, which ne
signed PRIOR TO that he declined, on va
,,lols occasions, to take nourishment. for
ne know ne was going to die and did not
wont 10 be tortured unnecessarily The
diving declaration was then produced and
iiautiHcd by witness as written by Dr
Davis Witness was with the patient all
t1e time while Or Davis only came IN
av4r, hour or two. When DR.. Davis Ell
tered the room al that time, about l.
o'rlnrk ne asked Fraysier II be wanted
ia make a statement, when the latter
asked if he was going TO die. Or Davis
rapIied that the patient was very III
man and would likely have TO die. Then
trr,ys'or made a statement but there
,,.er, some questions which he ala rot
answer. saving that he was too weak ana
aid not want 10 be worried any LONGER.
He thought there were other witnesses
who could tell all about ii, but there
was no intention on his part th,t he De
sired to qualify his statement when
seemed 10 be correct.
THE STATEMENT EXcLUDFp.
The Commonwealth then offered the dy-
ing declaration In evidence. when was