Evening journal., 1898-05-25
FISHER AND HIS FATE.
1t Will Soon Be in the Hands
of the Jury.
TESTIMONY FOR THE STATE

THE NEGRO TOOK THE STAND IN |
HIS OWN BEHALF-STATE'S |
GROSS EXAMINATION INTER
RUPTED BY AN OBJECTION |
MADE BY COUNSEL FOR THE |
DEFENCE.
Trial OF William Fisher, colorcd. for |
| breaking into a house for the purpose |
| Of committing rape was continued I'm |
| the Court of Oyer and Terminor yes !
| terday afternoon.
Mrs Maria Hunts cruss-cXamination !
was concluded and Thomas McGoldriclE |
was sworn. He said that he heard the |
woman scream and ran to the door of
his home He asked what the trouble
was and was informed that a negro
had broken into a house and tried to
| commit a felonlous assault on a white
woman He then went to his kitchen
door and saw Fisher in his yard. lie
went back in the house and picked up
his rifle. Then the chase began through
the yards In crOss-eXaminaton he
said they all hit the man.
Mr.. Hunt gwore that he was COM
ing around toward home when he
heard mis- wife scream. Running into
the house he found the rear entrance
open. Going out in the yard he cap
tured the man. James Thompson was
accompanying Mr. Hunt home when
z he heard the cry. Detective Witsil tes-
tilted to seeing Fisher brought into the
police station and seeing his clothes
3 disarranged. Policeman Payne testi-
fed to the same effect. The State then
81 rested.
E AZ hrt1fl. q, ,,s,,g-.- -,ta is,,t i,f-
{ defence would be that Fisher went into
witness, went on the stand in his own
defence. He said he went into the
house and did not see anyone there.
q His intention was to steal anything he
u could get his hands on While in the
room looking for something to take a
IT woman appeared. She screamed and
IS he ran out. He detailed the chase
Is through the yards, as the States wit
nesses described.
Il On ss-eXaminatiOn by Mr. Cooper
n Fisher said he was q missionary. H'
was before the court twice before Tn,
n state. 10 impair Fishers credibility az
at a witness. tried to prove that he ha6
been convicted of house-breaking be
u fore. Mr.. Nields objected saying tina
IN the court record was the best evidenc
n his contention. He further assertel
that Fisher was not bound TO testif
to anything that would hurt his case
The court spent a long time in cOnsid
ering the point, and fixed this morn
ing for hearing argument on the mat
B. ter The question had never befor
T. been raised as objections have nc
been made by counsel to questions {
this kind.
oe The jurors spent the night in tn
of Court House.
'D- This morning Mr.. Nields finished Oh
20 argument, and Deputy Attorney-GeI
70 eral Cooper cited numerous euthoriti,
N In support of his contention that FishC
en- should be compelled to answer th
'ut States question whether or not he ha
ng been convicted OF house-breaking.
en- subpoena was issued for Clerk
ey S. Adams. of the Municipal Court,
as appear with his records to show IN
m character Of the accused man.
De Attorney White conclude
ere the argument in behalf OF the prosecl
ne tons attitude in the matter
hI' He was followed by Mr.. Nields In h'
las half OF excmpting the defendant frol
answering the question prOpOunded
the state
~ ll1 After ccnfUTing among themselv
IIy fer few inmates. Judge Grl o
7n dered the stenOgrapher to read q
question, Have you been convicted,
p This court of househTealdng?
o After 10 had been read the judl
ma stated that it was the opin0n OF
az majority Of the court. consisting
a' himself and Judge Spruance, that Il
On question sihouh not be answered ly q
~ witness when it cOuid be answered
ale the record which is the best evidang
a. ,,a, This view was not shared by Chi
ira 40, Justice Lore, who dissented.
Attorney General White noted
exception to the decision of the cOu
and Fisher took the stand again.
Mr.. Cooper asked him, as a me
al formality. whether ne was not arrest
mlnu m for breaking and entering the house
as Samuel q. Forbes and acquitted
ny ny cause. while there was proof of II
80 / breaking, there was no proof Of
-. entering.
iaro 10 Mr.. Nieyds formally objected to
question.
The court. by the same majority, 81
tanned the objection.
Mr.. COoper-"Are you the Willii
'hl- Fisher who was convicted in the N
'oeS nicipal Court Of this city on the Il
lnl- of October, 1896. for keeping a dist
Inc derby house at No. $40 Tatnali sire
our in this city?'
lght Mr. Nields once more objected a
her was sustained.
Mr.. Cooper-"Are you the Will
Fisher who was convicted in the
nicipal Court on the 21st of May, Is
day for assault and battery on a won
big named Julia Clayton?
lie Again Mr. Nields objected, and
ated court informed Mr.. Cooper that
uar- should not have asked the question
and The State then abandoned this
nent Of examination and cross-eXamil
we'd. ! him upon incidents attending his
trance to the Hunt house and ende
ors to escape He adhered to his sta
Yam ment that his clothing became dis
,om- ranged while climbing over a fence
.lasl nasl OLEOMARGARINE HOLD UP.