The times. [volume] (Richmond, Va.) 1890-1903, 1900-05-12

by the deceased and that he had
attempted to use his home for immoral
purposes. The accused was very much
excited, and stated that no jury in the
world would convict him for killing
Barnett under the circumstances. His
reasoning. he felt, had some effect upon
Rhodes, and he promised to call to see
him that afternoon.
Shortly after he left accused and before
ne had proceeded a square, he heard two
pistol reports, and, looking around, he
saw two men engaged in difficulty.
On cross-eXamination. Mr. Smith en-
deavored to confuse the witness as to
the testimony he gave at the Coroner 5
inquest. and its dissimilaritv with his
present testimony. Witness kept cool
IN the face Of the examination, ana stated
that upon both occasions he had given
the conversations between Rhodes and
himself as closely as he could recall.
REASONED WITH HIM CALMLY.
The witness said further ina; the ac-
cused had told him that he stated to
Barnett upon q previous occasion trat
if he ever crossed mis- path he would kill
him. He reasoned with him calmly and
tried to sootf him in his excitement,
and advised him to do nothing rash.
He did not remember whether he had
testified at the Coroners inquest that
Rhodes had said anything about getting
revenge. He had in his examination in
chief said that Rhodes had made such a
sta tement.
Witness was allowed to read the
written testimony that he gave at the in
quest in order to refresh his memory
upon any point that he might deem nee
essaIy.
He then recalled the fact that he saiG
nothing al the inquest about the re
venge.
On GROSS examination by Captain Wise
witness said that Rhodes stated he was
too excited and worried to work. Witness
would have reasoned more with accused,
but felt that Rhodes had grown cool
and collected and would cali to see him
in the afternoon. Rhodes had stated to
witness that his wife had made a confess
sion in certain matters. and ti1at he had
not known his wife very long before
they were ma rried' The confession had
worried the accused.
Defence objected 10 question concern
ing the confession, as 10 whether Rhodes
had stated t1at his wife had been I'M
faithful, and the impression it made upon
the mind Of Witness. The latter portion
of the question was omitted, and witness
said that the accused did not so state
distinctly.
Some discussion arose between the coun-
sci for defence and the Commonwealth.
concerning the admissiblity of the ques-
ton and the Judge instructed the matter
TO be placed record.
It was shown that the testimony as to
revenge was given before the grand
jury. and Captain Wise objected, on the
ground that what had taken place i'll the
grand iury-roorl could not come out in the
trial. The Judge held that a witness had
voluntaril. made the statement, and that
il had gone by uneflalleHged at the time,
and could be brought out again.
Marion e Barnett, brother of the de-
ceased, was next sworn. He said that de-
ceased. at she time Of the homicide lived
al 2212 Pleasant Street. He was then ex-
cused.
HE STOOD ON THE CORNER.
Mrs Ella Stubbs followed. She lived at
72S Twanty-third Street on the day of the
shooting being at the corner of Twenty
third and \, the continuation of Street
being Pleasant. Deceased lived about half
a block from her residence. Was not per-
sonaEly acquainted with Rhodes. but she
saw him standing on the corner of Jes
samine and Pleasant Streets the morning
of the shooting, leaning against a telegraph
post He was within half a square OF
Barnctt's house. The hour was about 1920
o clock Dit! not know how long he was
standing there.
On cross examination by Mr.. Smith, who
attempted 10 show that Rhodes was stand
ing as near his mothers house as to that
of Barnett's. witness stated that he was
nearer Rarnett's. She did not know wileth-
er Barnett was at home or not
Miss Grace Stubbs. young girl.
daughter of the previous witness. fol-
lowed up the testimony of her mother
nr,r hj,5