Virginian-pilot. (Norfolk, Va.) 1898-1911, 1900-12-12

over, and then saw 1T was Cannon.
When witness saw them they were
face to face. Saw Mr.. Cannon walking
away after the shooting began. 1t was
at the third shot heard by witness
Qourth shot, in facD, that Cannon fell.
cross eXamination-Whtn was the
hrst person who reached the body
wouldn't have known 1t was Cannon
unless he had been we'll acquainted
with him, because his face was SO
black.
RICHARD WALKE.
Richard Wake. of Wake & Old, at
torneys, testified that at the time OF
the shooting he was in his office just
opposite. On hearing shots he ran to
the front window; saw the defendant
standing at the head of n man pros
trate on the ground defendant turned
and moved several PAGES away; he
then went back and shot the man on
the ground-in the back of the head,
the witness believed: thought the ac
ton of defendant extremely deliber-
ate; after he had shot the man he
moved slowly away and threw up his
neck and head: he was calm and de-
liberate. Saw defendant carried away
| and saw the man who had been shot
carried off on a stretcher. Cross-eXam
ination-It struck me from what / saw
that he was extremely deliberate. L
had a good view and the distance was
not far. Was not near enough to see
his eyes.
CAPT. w. w. OLD.
w. w. Old. of Wake & Old a!tor
neys. testified that he ran 10 his office
window, opposite upon hearing shots.
Saw one of the two men running and
the other pursuing-the former being
little distance from the latter Can
non had his arms up TO his head and
looked like he was about TO rest
against the wall of the bank building
when witness saw him. The man who
was pursuing took hold OF the coat of
the other, as il seemed, and shot. Can
non fell. and Prince hesitated: Prince
then started to walk off and had got
ten near the sidewalk of the custom
house; he had started to put his pistol
in his pocket. but he stopped that ac-
ton. turned and walked back, and
shot Cannon, as witness supposed. in
the head. Prince then surrendered to
an officer. His manner was that of q
man who was excited, as any man
would be who was engaged in p trag-
edy of that kind. When Prince walked
back to Cannon he might have been
a little rapid in his gait, but witness
didn't think II specially so. Cross-ex-
amination-There were a few scat
tered people in the vicinity during the
shooting. but the crowd didn't gather
CHIEF KIZER.
Chief of Police Kizcr said he had no
direct connection with the shooting,
but got phone message Of the shoot
ing on August Sd. Met officer Prince,
vino said, Chief, / am your prisoner
! shot Charley Cannon" knowing that
the two men were very intimate friends
l supposed it was an accident. Prince
was taken to the station where the
chief examined the revolver and found
q rIx.l..
said Il guess | shot them ALL"
After quiet had been restored 1 asked
him the cause.
CHIEF KIzER STOPPED.
Witness was stopped by the district
attorney.
Mr.. Thorp asked that the witness be
not stopped, after stating only part
of what was said. Why should the
prisoner be denied TO have the other
part of what he said after one part has
been allowed by the district attorney?
Judge Waddill called for the reading
of the stenographers notes.
After the notes were read Gen. Allan
said that the government had not
asked n question. Now when the wit
ness is about to relate what Prince
said he shot Cannon for I object There
is no better principle of law than that
the prisoner shall not he allowed to
make statement of defense through
a witness.
Judge Wilcox said that the district
attorney knows what the witness will
say. The whole conversation should be
heard; not what the district attorney
thinks will assist in fastening the
halter around the mans neck; let the
jury know the truth. All the rules of
law and evidence require that this
ought to come in. The district attor-
ney ought not to keep testimony from
the jury.
Gen. Allan objected to this state
ment. He said he was acting under
his oath.
Mr.. Thorp said the witness was sim
ply continuing Il conversation that had
been begun. Mr.. Thorp insisted that the
continuation of the conversation ought
not to be excluded.
Judge Waddill ruled on the question
conditionally in favor of the district
attorney.
At 1870 the court adjourned for din
ner.
CHIEF KIzER AGAIN
There was a crowd of eager persons
in the court room for the afternoon
session. They gathered promptly at
2;30, and awaited the opening with
Impotence. The interest is evidently
increasing, because of the knowledge
that the trial is actually in progress.
TESTIMONY EXCLUDED.
Judge Waddill announced that there
was no question before the court. He
read the testimony and gave his opin-
ion as to Chief Kizer's testimony. The
question is as to the competency of
Chief Kizcr's testimony as to what
Capt. Prince said
Judge Wilcox discussed the testi-
mony with the judge. stating that an
error had occurred in the stenogra-
piers notes.
DISCUSSION CONTINUED.
The defense was contending to get
in Chief KiZers evidence
The stenographer's notes were
amended as To the stopping of Chief