The evening times. [volume] (Washington, D.C.) 1895-1902, 1901-12-09

The court is not bound by any such
stipulation" remarked The court
= make the explanation out Of consid-
Grafton for the jury. returned the District
Attorney. SuaveIy
District Attorneys Views.
Mr. Gould added that he considered
any experiments made by DR.. Carr as
nil; that it was impossible for any ex-
pert to arrive at an intelligent eoncIu-
sion Of the matter
Mr. Douglass Jumped up.
Your honor" he said heatedly, my
friend the District Attorney has Just
awakened from a Zip Van Wrinkle sleep
regarding expert testimony. He has used
il for the benefit of the Government, and
would now deny it to Us HIS line Of
argument places US in the position of
Understanding and rejecting on The in
telligenee Of the jury don't think it is
proper to place The defence in such po-
sition.'
DR.. Carr's Experiments.
The court decided Dr.. Carr could tes-
tify regarding his anatomical knowI-
edge The witness then said the wound
was in a part of the body in which there
was no appreciate change when a per-
son MAS walking. Il running there was a
slight elevation.
Doctor. lave you examined the condi-
ton of the shirt found on the body of the
deceased as to powder marks?' asked
counsel
8Iuzzie Close to Ayres.
The witness said he had. and judged
that the mGzzle of the pistol was from
five to eight inches distant w1en the
chest wound was inflicted He had dis
covered both smut and powder stains on
the garment
DR.. Carr said he had experimental with
cartridges of the same caIibre as those
used in the revolver found in Ayres' room
the morning after the tragedy.
what was the length OF the barrel of
that revolver" asked Mr. Gould
Three ard one-fourth inches" was the
answer
Shutting" said the witness, may &C
cur at distance Of nine inches; further
than that st does not"
Powder Marks and Bullet Holes
The location Of the powder marks in
regard to the bullet holes varies Il de-
pends on the angle at which the weapon
is held
The defence endeayored 10 show by the
witness that when a ball is sent at al
angle the powder marks are often thrown
10 the obtuse angle or side and ofte25iEes
no trace can be seen
Dr. Carr was positive in the statement
that the burn on the lett sleeve Of Ayres
unGershirt was not made by the bullet
that inflicted the wound N the chest.
Significance CT the Evidence.
This testimony was introduced By the
defence to destroy the Governments ar
gument that Ayres was in an attitude Ct /
defence, and to prove that the chest wound |
was first inflicted; the arm wound second;
the hip wound last, as the defendant and /
deceased were falling; that the sleeve was !
set on fire when the hip wound was being
indicted; that the character Of powder |
marks on AyTes' chest, the burning Of the !
shirt sleeve and the seorch of the flesh On /
top of arm preclude the doctrine. the de- |
fence claim, that the sleeve was set on /
fire when the chest wound was made and |
the arm in an attitude OF defence.
RebUke for Court Spectators.
During the examination Of Dr., Carr the
District Attorney AID lir Douglass en-
gagged in coHoquy which provoked !
laughter from the crowd packing the !
chamber.
Justice Anderson's face flushed with
anger as he rebuked the offenders.
This is not the place fer such IN |
seemly conduct" ne remarked, with great /
severity, and # it happens again I shall
order the court room cleared CT specta-
tors.
a Suggestion From the Court.
Dr. Carr was asked to state whether
OF not. in his opinion, the hip wound. WITH
the muzzle Of the pistol held at dis
lance OF from ten TO twenty-four inches
could have been indicted with the parties
on the floor or in the act Of falling. ana
at the same time have caused the marks
the body Of Ayres bore on the left arm. /
After Mr.. Gould had Withdrawn his OBJ
iecticn T. the question, DR.. Carr said he
thought he wound could have been re-
ceived as described. The witness said he
believed this as q result of experiments
he had made with enc woman Of the same
weight and height as Mrs Bonine.
Judge Anderson contended that the doc
or : evidence as to his experiments was
'yartl:~.-s. unless the witness made an
ocular demonstration OF the aforesaid
experiments before the jury
"Oh, your honor broke in Mr. Doug
lass, deprecatingIy- we would not like to
10 that. It would be highly indicate to
ask lady to posture in such position be-
lore the jury regret We cannot follow
he courts suggestion"
The defence then tried to introduce
Of the witness experiments.
TO this Nj. Gould objected, saying.
= defy counsel to find such 4 procedure
Il any court of law
GUARDING scHLEY VERDICT
Members OF the Court of F1uuFr-