Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1897-07-21


mittcd Being asked by the Court to
show the law on which he based his
exception. Colonel Spotswood read the
sixth article OF The amendment TO the
Constitution Of the United States.
THAT law applies only to United States
courts said Judge Witt. "and ] oyerrule
the motion"
The jurors were then sworn In. and
the witnesses for both sides were called.
a recess FOR fifteen minutes was taken
IN order 20 give Colonel Spottswood time
10 confer with his witnesses.
MARTHA HARSHLY DEALT WITH
During the recess. Sergeant Epps
brought Martha McCulloch into court
and SAID that while he was taking Fife
90 JAIN the day before she stood by and
abused him in "a violent manner. trying
TO incite the negroes to harsh feelings
against the whites Mr.. Epps positively
Identified her, though she denied haylng
opened her mouth. and the Court, adj
dressing himself TO her. said: "JnfOr-
tunatoly 1 can't give you as much pun
ishmcnt as / would like TO. but
Iu DO the best i can. IN fine
you So, give you ten days in jail. and
pat you under lo) bond FOR twelve
months"
The woman was taken directly to jail
and the courtroom was cleared Of all
spectators. newspapermen and lawyers
being excluded. as wei. This. however,
was only during the testimony Of Mrs.
Marks. who was the first witness for the
Commonwealth. This lady. wearing
black dress and veil. entered the court
room with an elderly lady friend. and
took q seat beside Commonwealth SAT
torney Richardson. She was. as Is ma
tural. laboring under great excite
ment. but bore herself I'm a most be-
coming manner. and told the awful story
Of her distressing experience 10 the jury
i'm frank manner though in low trem-
bling voice.
Or. j. c. Trevinian. her family physi-
clan, occupied a seat just behind her. as
did also Nh. r. H. Vandeventer. her
brother-in-law About forty minutes
was occupied I'm taking Mrs. Marks
testimony. and she made most decided
impression upon the jury.
THE FATHER TESTIFIES.
Mr. l. n Griffith. Mrs Marks's father.
was next placed on the stand. lie toiu
Of his having been sent for TO come TO
his daughter on Wednesday morning al
Ter the assault. and described her ap-
uearanco when he saw her she was
greatly agitatel. he said. and her cohdi-
ton was such as TO indicate that she had
undergone a fearful shock. Her ey' >
were bulging from her head. her lace
was horribly swollen. as was also her
nesk. and ON either side Of hsr neck were
iudontures showing clearly That they nad
been made by finger prints. She hmped
and complained of awful pains in her
back and side.
Dr. J. G.. Tr william. who attended MIS-
Marks. was called 10 testify. lie SAID ne
found the lady I'm bed when lac arrived
at her home. and suffering from violent
excitement. bordering on hysteria. Her
face was terribly cOngested. showing
that she had been strangled, and her
arms were I'M a like condition. Her ches
and body panied her very much, ana
there were a number of large bruises
scattered about her body.
Sergeant John r. Han next took the
| witnoss-chair. Being asked TO tell all nc
knew concerning the prisoners connection
with IN. case. he told of his positive
Identification by Mrs Marks and of his
confession that he had scaled the rear
| 1an I'm order 10 enter The premises ms
| statement. ne said. was voluntary on the
part of th- prisoner. .-.
Mr.. n. j. Wrenn succeeded sergeant
uaU and corroborated in detail every
lie said. however, thul though the pri-
soner had admitted going over the wall
in rear of the Griffith home on Wednes-
dav. ne denied it after getting back 10
the station-house, and said he had gone
over on Monday
EVIDENCE FOR THE Defence.
The Commonwealth at this point rested
IFS case and the defence called Betue
Fife. the prisoners mother. She simply
testified that her son was az nome When
She left there, about ten minutes past .
o'clock ON the morning Of the l4th
Kitty Haskins said she saw Joe F1fe
at his home on the morning OF the lfth'
but could form no idea as to the hour
James r.. Johnson was put ON the slahd
when Kitty finished, and tcstlhed that Oh
the Wednesday morning IN question ne
mt Joe Fife on the corner OF Ihlld anu
Baker streets and gave him rldc III
sbocmakcr's wagon. Fife left the wagon
al sixth and Broad streets at 9N5 a. NJ.
Mr. f. w. Hunt, of the Old Dominion
Preserving Company's works testlhed
that ON Thursday some one was at the
works inquiring for "a negro who formerly
di1 hauling for the company, ana from
the description given he judged that the
man wanted was Edward Washington.
RODE IL HIS DRAY.
Washington was next called, and tesu-
God that ne drove a dray. lie leit ms
homo corner Munford and Leigh streets
cn the morning I'm question at about .
o'clock. He picked Joe Fife up at Ihe
corner of Sixth and Broad str cts ana
e,,,,. him a ride to Thirteenth and Cary
Streets. He arrived at Thirteenth ana
cary streets about 9:2j o'clock.
Being questioned by Mr.. Richardson
asH L.
witness said he could not say positively
INST when ne arrived al Ihirteenth
street. but he knew he left home exact
IN on the stroke OF y
Mr. Henry Haatke who Keeps sa!ooh
49, the corner of Twentieth and Main
streets, said he didn't know anythihg
about the case and was told 10 stand
aside IT.. g., .Ao
,.,trcss chair. He is employed by Jacob
I[ock and was driving out Brook avenue
aho,t 1000 o'clock He met Joe Fife
,,,,rinq with his hat over his eyes, and
Ioe asking for a ride, was taken up
lie cot out of the wagon in Hehrlco'
never having spoken word during the
ride. ,..,.. ,,.,,.
o~anined but further than stating that
bo saNy his son at 1 o'clock on the DAY
in question. he knew nothing OF the case
MIR AiBman testified as to me length
80 ,ir,e il took to walk from Twentieth
and Main streets to Keck's place ON
A6ams street. saying that il took him
1912 minutes to do II.
THE PRISONERS TESTIMONY.
The prisoner was put on the stand and
.old of his travels on the Wednesday IN
'',,ostion He made no reference TO
0AAEAANA'' l..