The Norfolk Virginian. [volume] (Norfolk, Va.) 186?-189?, 1896-02-09

to his feet, who gave Judge Hinton no.
tice that he could not appeal TO their
Steuographer any more; that he Judge
Hinton) had his own stenographer. Mr..
Hamilton followed Mr. McIllwaine and
said: Judge Hinton has snid that the
notes of our stenographer are not cor
rect. We do not propose to have our
stenographer, Mr, Cogbill put in this
position, and we propose to protect him
fronl,any such remarks"
Mr.. McIllwaine here remarked that
there had not been such u scene in this
Court for thirteen years.
Judge Mullen: "Gentlemen. I want
you to leave off any personalities, and
conduct this case as Il should be, must
confess ! see no reason fer all these
ebulitions."
INhe examination OF officer Ragland
was then resumed.
John j. Harvell, High Constable,
was the next witness examined to i'm
peach the testimony of Robert Davis.
On ross-eXaminatlon by Mr.. Nell
waine the witness said that he had no
other interest in this case except In
summoning witnesses for the Coroner's
jury. Mr.. McIlwaibe asked the witness
why did he go to see Davis. Witness re-
piled that he we1pt In Company with
Officer Ragland. who said ne Thought
Davis knew something about the case.
MI. MCllNdble uShGu tile5 WllntSS why
did he and officer Ragland take Davis
to a private room. and witness replied
that he and Rngland did not take Dl-
Wis TO a private room. but that Davis
himself asked them to the room.
r. T. Arlington. Jr., was the next wit
ness called. He was asked whether rr
not he went with c. Nj. Rainey to the
scene OF the shooting on the night OF the
23d October, and his answer was, II
htl - n ff on
In answer TO questfQn by one OF the
COUNSEL witness said he went from
Qua'rles to the scene Of the murder
The next witness called was Walter
j. Jarratt, who WAS asked by Judge
Hinton, Did you have any conversation
with Bob Davis on the morning after
the shooting" Counsel for the defense
excepted to the question. The excep-
ton was sustained by the Court and
MIR. Jarratt was told to stand aside
Addressing the court Judge Hinton
said they thought the Commonwealth tn
would be allowed tJ examine these wit
nesses in rebuttal in full
The next witness was w. e. Tinsley.
who was asked by Mr.. Jones. If Davis
had been killed, ana there was no use
for another TO be hung"
Witness said, Yes. sir"
Counsel for the defense objected 10
the question but it was admitted by
the Court In answering TO n question
by Juror Gills as to Davis condition the
morning after the shooting witness said
that he thought he was sober.
The next witness was John Dixie. a
colorcd hack driver. After the witness
had taken his seat, Judge Hinton said
he proposed to prove by the witness
that Robert Davis undertook To prevent
him from telling the truth in this case.
Judge Hinton then asked the witness
this question: John. did Bob Davis
say to YOU not to be too quick In testi-
flying in this case until he had posted
you?'
MIR. Hamilton-"We object to the
question and the Court sustained the
objection.
The witness was then told to stand
aside
John l.. Mulcaha. the next witness,
was asked this question by Mr.. Jones
There has been testified in this case
by X. II. Harris and b. Aiken that they
were not in your place four or five
days prior to the shooting"
The defense objected to the question,
but the Court admitted it,
Witness then testified: "They were in
my place on the week of the killing,
which occurred on the 23d of October.
1t must have been Monday or Tuesday
lHal tHeS. were Ill my PltCe, as no DllSl-
ness is done on Sunday"
Mr.. Hamilton here asked the witness
what time it was that they were in his
place. and he replied 1T was between
and 9 O'Clock at night and all three
took drinks"
Mr.. Jones. addressing the Court. said
last evening about 7:30 o'clock he heard
of very important witness for the
commonwealth. who he had not been
informed of before, and he asked to be
allowed to put him on the witness stand.
The witness to whom he alluded was
p. Z. a. Sandford to whom Harris had
made u statement two or three months
prior to the shooting, to the effect that
Buck" Mallory had better let him
alone or he would fill him so fun Of shot
that the physicians would not be able
to take them all out of his body"
this witness going on the stand, and
the objection was sustained by the
Court.
The Commonwealth having annOunc-
ed that 1t was through with its wit
nesses the cart took a recess until
o'clock this afternoon 10 give the court
and counsel time to prepare their in
structions. The jury was then placed
in charge OF the sheriff to be kept to-
gcther until they come into court on
next Monday morning at 10 O'Clock.
The jury will attend divine service at
the Second Presbyterian Church to-mcr-
row morning and Washington Street NJ
T.. Church at night. This afternoon the
Instructions to be given to the jury were
argued.
1875 MorseH and Nuics nt Auction.