Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1898-06-12

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admitted.
Under the seventh assignment: Pedigo,
witness for the commonwealth, testi-
fed. IN answer TO questions. that he had
searched the house of King. jointly In
dlcsed with the prs)ner. and found
rope that had been tied In a peculiar
way, and had the appearance Of having
been washed; also. some bluish-green
paper like that found at the head of de-
ceased, and that the floor OF Kings
house appeared to have been lately
secured.
Held: Trial courts are necessarily
clothed with large discretion as to the
order of the admission Of evidence, es-
pecially where proof of a fact depends
on circumstantial evidence. 1t would
be inconvenisnt II not sometimes i'm
possible, TO submit In logical order proof
Of all intermediate circumstances relied
on TO establish the principal fact. 1t is
therefore proper to admit evidence
which may only become relevant by
other evidence introduced later; but the
jury should be cautioned not to consider
it. unless connected with the case by
subsequent testimony; and II not SO con-
nected 1t must be excluded.
The deceased was last seen alive Janu-
airy 2, 1885, when he came to Nunn's
house about dark and left about
o'clock. His body was found some days
later, partially covered with leaves, In
a piece of woodland, about eighty yards
from the road. half mile from Nunn's
house. The back OF his head was
crushed by blow, which shattered the
bone and reduced the brain to dsor-
ganized mass. The jugular had been
severed; thirteen other wounds were on
his person, and a load OF shot had been
fred through his head. But the physi-
clans testify that he was already dead
when shot No trace Of the murderer,
after search made. After a time Nc
Bride was arrested, and indicted jointly
with Albert and Edgar King. There Is
no particle of evidence in the record
tending to prove him within several
miles Of the place where the body was
found TIL he was seen there In COM
pany with those searching for deceased;
none which connects him with either OF
the Kings, or with the house where the
rope was found. AS Mcbride could not
be proved to have been in position to
commit the murder where the body was
found, IL was necessary either to ac-
quit him or satisfy the jury that the
murder was committed at a point acces-
Side 10 Nun, hnu tHuo duu OPpOAiuAiJ
TO other circumstances adduced at the
trial. Certain abrasions and bruises
were found on the corpse, and free rein
being given to the Imagination, the loops
in the rope at once suggested II as the
means by which the muulated body was
carried from the place Of the actual
crime to the spot where II was found.
The physicians testify, however, that
the jugular. having been cut, no blood was
left In the body; that bruise cannot be
made on a body after death; that the
abrasions and bruises were longitudinal,
while a rope would have caused bruse
around the leg, if at all. There is an IN
herent improbability about the whole in
cident of the rope. Assuming, as posi-
Bile, such q method of concealing the
crime as tying the legs and arms OF the
corpse, carrying il thus for miles, and
passing a number OF occupied houses, II
exceeds conceivable folly that the rope
should be taken home by the criminal,
washed, and hid, when so easily burned
and destroyed. Apart from all this, there
IS no evidence to connect the prisoner
with It. The "buish paper which he
used as gun wadding, similar 10, but not
identical with, that found near the corpse,
was like the wrapping paper used by
neiehboring merchant; but even this has
no bearing on the rope or the securing of
the floor. This assignment of error was
well taken, as were also others, Which
are discussed in the opinion.
The evidence was wholly insufficient TO
warrant conviction.