Daily press. [volume] (Newport News, Va.) 1896-current, 1899-10-29

produced exactly the same results as |
the assault is alleged to have produce
led.
The common wealth's attorney object |
ed to this line of testimony. and con-
siderable argument ensued on the sub |
ject
The jury was finally excluded and The |
witness, for the benefit Of the court. |
was instructed 10 tell what Alma told |
him on that occasion. He said Alma |
told him that While laying the baby on !
the bed that morning she had struck |
herself against the bed on her stom- |
dch.
The court ruled: that this statement |
could not go TO the jury.
On cross exa n,inaton the witness
admitted that he was in Jail with Billy
oBoyle, THE defense objected and the
question and answer We're stricken out.
BEN tMATRONI.
Ben Matroni. the next witness stated
that for four or five months prior to
June > BILLY O'Boylc vas his room
mate and slept at home every night.
DR.. Loeb ana j. Fenton Rawles fol-
lowed with brief testimony rela tive to
the time when Alma took laudanum.
MI. Rerwles went to the house and gave
the woman some medicine TO make her
vomit.
Thomas Kay and J. r. Hughes were
introduced 70 testify as to the charac-
ter of the accused.
Dr. Bagby testified to having attend
ed Alma Hamilton several years ago.
Mr.. Ruth was sworn and introduced
| a mathematieally correct plan of the
building
THE PRISONER ON THE STAND.
The accused. William OBoyle, was
sworn. He testified that he could neith-
| er read nor write: that his parents
| died when he was about nine years
Old. Al the time of the affair. which
| resulted in Alma's death. he was en-
| ployed as bartender and manager of
u restaurant. On the day in question
| he went to the house where Alma
lived. went up stairs to sell some beer;
saw Lucy Hubbard ana got an order
| from her for two boxes. Alma came
! out of the rear room wringing the wa
| ter OF her hands. He asked her how
She felt. She said badly. but refused
| TO have the physician which Billy Of
fered to send her. Alma then went into
one Of the rooms and Billy stood by the
door Janlb. Some woman ran up and
| told him about Alma drinking. Alma
began cursing. Wflereupon Billy left
and went on down the hall to Serena's
room and began talking to Lucy Hub
bard. Alma came up, caught him by
| the throat and said come away from
| there you -- -- --." Billy showed
| her away from the door and took the
taby away from Alma. who was drunk
| and was butting its head against the
| Wall. After putting the baby into
| Mrs. Godsey'S room. Billy came on
| out and started down the hall on his
way out of the building. Alma. with
"a large cup in her hand. met him in
the han. Mrs" Golsey, Or Carrie
Clayton, warned him that she was go
ing To hit him with the cup. Alma
swung the cup at him and the third
time she swung it. she struck hin,
With it on the collar bone. He caught
| the Woman's arm and Il wrestling en-
tsued in the course Of which Alma
| trpped and threw him down, falling
|herself and dragging him down on top
CT her as she fell. one Of O'Boyle's
knees striking her in the right side
y Boyle admitted that he struck the
woman with his open hand and with
! his fist on the arms.
Having Freed himself O. Bowie sail
he walked on down to Serena's room
and sent Carrie Clayton for a s,irr
for him. Alma having torn his shirt al
l
and went out for the shirt, but a negro
brought the garment 20 him. After
putting on the shirt. OBoyle. accord
lEg to his testimony, went on ont Of
lthe building without going back down
the nail Next morning he heard that
the woman was injured and sent for
VI. lHume and Dir CorSS. Later when
ne saw In. Hume, DR.. Hume told him
tnat the woman was not in any danger
UfeOsS-ENAMpN1ED.
Mt. Newton then took the witness
tor cross eNa mination The prisoner
and the commemorative attorney got
/ together for the benefit of the jury The
prisoner endeavoring to demonstrate
NOW Alma tripped him
O,Boyle said he struck the woman
only on the arms. and he did not slap
her at ALL He did not kick her al All
stamp her or jump on her
Robert Fra nkfort testified that whi,a
O'Boylc was working for nina snace
or three months-he always slept at
home
This concluded the evidence of the
defense, and the court adjourned for
supper.
| JUST before the recess. the common
| Wealths attorney offered to submit
ne case without argument, but Mr..
f.uth dld not think he could with JUS
ice. agree to the proposition.
| FAILED TO MATERIAIIZE.
/ III mao been decided in the afternoon
20 mold night session for the purpose
q trying to wind the ease I'D, 50 the
jury was brought back to the court
room at 5 o'clock. The judge, the COM
| "'oh"ealths attorney, and Mr. Ruth.
attorney for the defense, retired 10 see
1 "hat could be done in the matter OF
setting set Of instructions 70: the
JurI. me court room was filled with
d curious crowd. which had come OK