The times. [volume] (Richmond, Va.) 1890-1903, 1897-07-21
She told her father OF the circumstances
surrounding the attempted assault
THE DOCTOR.S TESTIMONY.

stated tnat ne was cdilcu 10 diithu 'hib'
Marks and found her in intense nervous
excitement. bordering on hyster1a. Marks
were found on hor throat. and her collar
and shirt waist bore finger marks. He
treated her and has been treating her
ever since, and she was at the present
time In nervous state.
Detective Hall followed and stated that
Fife had told him on the day OF the ar
rest when no was carried to the Griffith
residence, that he went over the wall.
on cross-examination Col. Spotswood
tried to bring out the point that Fife
stated that he had climbed over the wall
on Monday and not on Wednesday. but
Detective Hall would not be shaken.
Officer Wren. who assisted In the arrest,
next testified. He told practically the
same story that Detective Hall had told
and stated further that when the prisoner
was carried TO the station house from
the Griffith residence after he had ad-
mitted going over the wall, he corrected
his statement and said that II was Monday
when he went over the wall.
The Commonwealth here rested the
case.
FOR THE DEFENCE.
The witnesses for the defense were CALI
ed.
BETTE Fife. mother of the prisoner, was
scraping potatoes on the moIililb VI INV
assault about o'clock.
Kfttie Maskins. * an old negro woman
who lives i'm part of the house with tho
Flies. She saw Joe at home that morn
ing. but couldn't tell the exact time
James Il. Johnston, a negro driver, salu
he gave Joe a ride in his wagon iroii,
Third and Baker streets TO the SECOND
Market. reaching the Market about h'e
minutes past nine. ola
Mr. r. w. Hurt. an employee OF the oiu
Dominion Preserving Company was piaoeu
on the stand. lie stated in response 10
questions by Col. Spotsword that on last
Thursday afternoon some one was al MS
place of business inquiring for colored
man. and from the description given ne
supposed IL related to a man VINO had
worked for them some time ago.
Mr. Richardson could not see the reie'-
ancy OF the questions and had no quesiioh
10 ask.
RODE WITH HIM.
The next witness was Edward Wash
ington. a colored drayman, whose tesu-
mony was most favorable 10 the prisoner.
He stated that on the "Wednesday morn
Ing of the attempted assault AT hlne
O'Clock he left his home on west Lelgh
street and started to his business. Al
Sixth and Broad streets Joe flie accosled
him and asked for a ride down town In
his wagon. He took him on and carried
him TO Thirteenth and Cary streets. lie
then left and went towards Main street.
saving he was going to the Old Dominion
Preserving COmpanys place 10 look Tor
a lob. He thought that he reached Ihlr-
teenth street about twenty minutes past
nine.
One of the juryman asked how far that
was from the place Of assault.
Seven squares" said Judge Wit.
Mr.. Henry Hatke the next witness could
not say whether or not Joe Fife was In
his place at Twentieth and Main streets
on that morning.
Mr. Walter Garter, employed III
butchers shop was going out Brooke
Avenue on last Wednesday morning about
IL o'clock when the prisoner accosted him
and asked for "a ride. lie allowed him to
get In the wagon and he rode out as far
as the Richmond Abbatoir when he
alighted and went toward the county.
The father of the boy next testified and
stated that his son brought his dinner TO
him at one o'clock the day of the assault.
Mr.. +. Aikman testified as to the time
it would take in walking ordinarily from
Twentieth and Main streets TO Brook
Avende and Broad.
The 11tlSON f4iN . c1oiNi
Joe Fife was placed on the stand in his
own defense. IieNdescribed his move
ments on the morning OF the assault, max
ing practically the same statement as
that Of his witnesses.
Mr.. Richardson gave him thorough
eross-examination, but he adhered to his
statements
One of the jurors asked him why he
didn't see Mr. Grant when he went to the
Old Dominion Preserving Company
place, and he replied that the gentleman
was basy at the time and he couldn't see
him.
In reply to a question by Mr.. Richard
son he said that he was out Lear the
laundry on the G. and .. tracks about
o'clock, but that he was at home at 2:SO
o'clock and remained there until later in
the afternoon, when band OF music
passed by and he followed 1t 10 the ceme-
tery and came back when the band re-
turned.
In testifying to his statement regarding
his climbing the fence or Monday, the
prisoner said that when lie went 10 get
the tray and the dishes that afternoon,
Mrs. Marks told him TO climb over the
fence as che had lost the key TO the gate,
and that when he got the dishes ana was
about TO go she found the key and opened
the gate Tor MN.
MRS MARKS DENIES
Mrs Marks was recalled and In rebuttal
testified that she had not asked him or
any one else to climb the fence, nor did
She see the prisoner at all on Monday af-
ternoon. She never engaged in converse
ton with those whe brought the meals
and they always entered through the side
gate.
Court took a recess for fifteen minutes
during which time Mrs. Henry Schleiser
was sent for by the defense.
After tho recess Mrs. SChleiSer was
placed upon the witness stand.
In reply to "a question fiom Col. Spots
wood, she said that she sent the prisoner
TO No. AIS east Grace street, and no one
else. about O'Clock of that day.
Mr.. Richardson asked the witness If she
had sent the prisoner to the residence of
Mr.. Grffith and she replied that she had
not.
The witness was then excused.
Col. Spotswood offered certain instruc-
tions which he handed TO Mr.. Richard
son, who after reading them said ne had
no objection to them. They were SUBJ
mitted with the exception of the first
which was stricken out by
Judge Witt. They are as follows:
THE INSTRUCTIONS.
Verbal Admissions, how Weighed-The
Court instructs the jury that although
parol proof of the verbal admissions of the
defendant, when IL appears that the ad-
missions were understandingly and de- |
liberately made. often afford satisfactory |
,...l..