The times. [volume] (Richmond, Va.) 1890-1903, 1896-04-25

Whie we don't ask you what II was,
do you remember the conversation he had
with Pokey Barnos"
Very distinctly"
september?"
mo. sir"
IDENTIFIES MR.. GREGORY.
Were you present when Mr. Gregory
visited the jail on that occasion?"
Il don't think / was"
are you sure IL was MIR. II. G. Greg
side Judge Manm.
Yes, sir; there is the gentleman"
pointing to Mr.. Gregory. who sat be-
side Judge Mann
Mr.. Epps. yau say that after having
the conversation with Pokey. you thought
you ought TO stop Mr.. Gregory" said MIR
Southall. Now, why don't you remem-
Der whether he saw Mary Abernathy or
not?"
Il can't say whether he saw Mary or
not L cannot recollect. The conversa-
tion that he had with Pokey Barnes made
such an Impression on my mind that /
am unable 10 state positively whether he
saw Mary or not"
MIR. Epps was cross-examin6d for some
time longer. but no further information
was elected from him. He was then al
lowed TO leave the stand and given per
mission TO return TO Richmond. promising
10 return when needed.
THE JAILER'S DEPUTY.
The next fitness was Mr.. w. d. Weisi-
ger. lie testified that he was deputy TO
Sergeant Charles II. Epps. OF Richmond.
MIR. Gregory has testified. Mr.. Wesi-
ger" said Captain Wise. that in Sep
tember last he came from Sumter, S. c.,
TO Richmond, arriving between 3 and
o'clock In the morning. and that he went
10 the Jail about o'clock, and had an
interview with the women I'm the presence
of an officer. Were you that ofIcer?"
81 was"
did you know anything about the
telegram that Mr.. Gregory sent prior TO
his arrival?"
yes. sir; heard it read in the papcr
one evening, and the next morning Mr..
Gregory came"
"Well, tell what happened"
"Hc came I'm and asked for Captain
Cunningham, saying he had an engage
ment to meet him there, and wanted TO
know when he was coming down. j tolu
him Captain Cunningham usually went
down TO his Office between and )
O'clock. lie then said he wanted a pri-
vate interview with the prisoners. l told
him he could have it in the presence OF
an officer.
MARY Alternately was then called in.
and Mr.. Gregory told her he had come
all the way from South Carolina TO save
her life. He told her that he would get
the signatures Of the judge jury, ana
Commonwealth Attorney of Lunenburg
and take a petition to the Governor IN
her behalf if she would tell him where
the money was"
What did Mary say?'
"She went out the room on the bal
cOny and then said:
I" If you bring a whole regiment OF
soldiers and put them before me, !
couldn't tell where that money is.
don't know anything about it,
OBJECTION RAISED.
The Commonwealth objected 10 the
question and asked that the answer be
excluded, claiming that it was in the
nature of a manufactured testimony in
favor of the prisoner.
Judge Crute decided, however that the
defence had a right to introduce it 10
endeayor to break down the testimony
of a Commonwealth witness.
"If the defence" he said, ''think they
can prove thar Mr.. Gregory made a
false statement, they have the right to
try and do so, and this testimony must
only be regarded in that light"
The witness was then turned over to
the prosecution. Mr.. Southall took him
in hand and cross-questioned him ad
libitum. The witness became very
much confused, and declined to stick
positively TO numerous statements that
he had made. lie was positive, however,
that Mr. Gregory had been to the jail
more than once. although he could not
remember the date nor month.
When asked about the telegram received
from Mr.. Gregory he said that he only
remembered parts of IT. lie thought
portion of it was: Meet me-can save
necks," but declined to be positive about
A. 10 l. 1tlI
read Mr.. Gregory's testimony in the |
newspapers two days ago, but could not |
remember what it was. He thought he |
read it in The Times but was not sure. |
WITNESS BADLY CONFUSED.
1t was quite evident that the witness |
was honestly ondeavoring 10 tell the |
truth to the best of his ability, and |
that he knew whereof he spoke, but |
he was not proof against Mr.. Southall's |
well-known ability as cross-examiner |
and came near forgetting his own name |
The defence objected TO the question |
asked Mr.. Weisiger by the prosecution 1
as to the difference between Mr.. Greg |
ory's statement concerning the conver- |
sation with the prisoners in jail and his /
recollection of 1t.
what are the points of difference?" /
asked Mr.. Southall.
The witness was about to reply but /
was stopped by Captain Wise and the |
question argued. Judge Crute decided |
10 allow IL, and the witness replied
II don't think he said anything about
saving them. lie said he could get them
out OF thia."
The examination of Mr.. Weisiger was
concluded at o'clock. and the court
took recess until i. NJ.
CAPT. CUNNINGHAM
Just before the recess was taken Cap
tain Cunningham came into the room.
What time do you want to go back to
Richmond. Captain" asked Judge Crute
II should Ike TO return at O'clock"
no replied.
can you tell all you know about this
case In an hour?' inquired the Judge.
ION, L can tell all 1 know in five
said Captain Cunningham, amid
laughter.
IAN right. Wen adjourn until and
give you an hour anyhow" replied Judge
Crute.
When court reconvened at o'clock
captain Cunningham was at once put
upon the stand.
''were yeu at Lunenburg Courthouse
during the first trial? Did you see Mr..
Gregory at that timer
IL did,"
'what passed between you and him in
regard to any plan suggested by him"
Captain Cunningham said that he wish
ed the question made more specific In