Daily press. [volume] (Newport News, Va.) 1896-current, 1899-10-29
Effort to Close the O'Boyle Case
~ + Last Night Failed.
TRUUBLEAS TO CONSTRUCTIONS
Law to tho Case Jury Adjourned
over Until 10 O'Clock Mon
day Morning.


case of William O'Boyle. charged
with the murder Of Alma Hamilton.
Had the Instructions been ready for
he jury. the case could probably have
been concluded. but they were not,
and the end will not he reached before
some time Monday. If then.
This was anticipated at the same
time every thing possible was done to
facilitate matters. The commonwealth
attorney asked for but one instruction
outside of the usual instructions given
in any murder case: but this instruc-
ton was one TO which the defense could
: not assent. The defense brought in
labout two score instructions. but after
ward cut the number down to sixteen.
These sixteen were argued and ar
Eued and argued. but as the night grew
old the attorneys Were further apart
than ever and the instructions were as
far from the jury, or further, than they
were before the attorneys began to
discuss them.
AT 1880 O'Clock, Judge Barham and
the two attorneys came into court.
His Honor announcei to the jury that
it would be useless to keep them at the
courthouse longer, and adjourned the
case until 10 O'clock Monday morning
THE ANTE M ORTFN STATEMENT
The Corporation court convened yes
7erday at $3.50 a. M, when argument
OF attorneys for and against the ad1nis-
Sibllity OF Alma Hamiltons ante NOR
tenn statement in the O'Boylc murder
trial was commenced. The argument
consumed two hours and when the at
torneys finished Nudge Rarham refused
to let the statement go before the jury
as evidence. on the ground that there
were statements in it Watch We're ir-
relevant to this case. This was a
point for the defense. However, Judg.
Barham ruled that those who were con
rccted with the taking of the ante
norton statement could testify as t.,
it's contents
In the statement the name Boyle is
used instead Of O'Boyle, a at the time
the accused was generally known as
Boyle.
That part Of the statement relative
20 the commission OF the crime follows:
The ante-mortem statement of Alma
Hamilton, who. being conscious Of i'm
mediate dissolution, says: Billy Boyle
is working at Beets. I was drinking
and sent word to Boyle telling him o..
it. He eaves-dropped and came up. J.
was in the hall. He slapped me, took
the hall. He came back and slapped
me down. When he slapped me down
| grabbed his shirt and tore it Off
When did SO he knocked me down and
jumped on me and stamped me in, the
stomach, nd beat me with his fist.
was not able to walk to my room. but
c1'aWled along on my stomach. This
happened in this house on yesterday
evening about O'clock"
The statement was taken on Jure 8.
The statement was sworn to before
Police Justice J. d. G. Brown.
Justice Brown and Coroner Gary
both testified after argument in refer
cnce to the taking of the statement.
The last witness put on by the com
monwcalth's attorney was Lottic
Burch. who was at one time Almas
'landfady." She testified to frequent
uuarrcls between Billy and Alma. and
aWore that Billy made the statement
that he was going to kill Alma if it was
the last act of his life.
This witness also testified to the cir
sumstances Of the taking Of the wo-
tnan's ante-mortem statement.
Iottie gave a graphic> description Of
the scene in the dying wonans room
while the antemortem statement was
being taken. after which she proceeded
TO state the substance of the ante NOR
tom statement.
THE COMMONWEALTH RESTS.
On cross examination, Mr. Ruth en-
deaVOred to make I-Ottie Burch tell
what her right name was. Lottie was
equal to the occasion. Everybody in
Newport News knows me as Lottie
Bul'ch: my name has nothing to do
is, ,.oc
unless the court instructs me to-
the defense could not show chat Lot
ie's name was material to the case,
and His Honor refused to compel her
70 testify 10 it against her will.
When the cross examination of Lot
to Bul'ch was concluded the common
wealth rested. and tine defense had the
sergeant call its witnesses. Not one
responded, though previously several
had put in appearance and claimed at
tendance.
There were TWO Of the common
wca'th's witnesses WHO were not called
oE the commemorative attorney. They
were Mrs" 9iodsey and Or. ] X.
Cvrss. The defense asked to have them
called. and the request was granted,
but Mrs Godsey was in Baltimore
and as DR.. Corss was not about the
courthouse, there was no response.
a long wait ensued while a search
was being made for the witnesses for
the defense.
IKE BERMAE
presently Isaac Berman, white,
staolled in and was sworn as the first
witness for the defense
Ike had known Alma Hamilton for
NE years He testified as to the oc-
cas1on when Alma took audanum and
H!!lys efforts to save her life, by
pounding, beating and rubbing her.
BY this evidence the defense was en-
deavorlns to prove that the woman
had acted and had been treated. before