The bee., 1901-06-06


Ninth: Because the court re-
fused to grant peremptory in
structions to the jury to find the
defendants not guilty as to each
and all of these three defendants
at the close Of the evidence for
the Commonwealth, and at the
close Of all Of the evidence.
Tenth: Because the court erred
in instructing the jury, because
each and all Of the instructions
given to the jury are erroneous,
and because the court refused to
properly instruct the jury aud be-
cause the court though duly
thereunto moved by the defend
ants refused to give the whole
law of the case to the jury.
Eleventh Because the court
refused to give each and all the
instructions marked A. b. &. ID.
(. and f. presented in writing
and asked by the defendants to
TO be given to the jury.
Twelfth: Because Of error Of
the court to permit certain com
petent evidence to go to the jury
as follows: Statements and rea-
sons that witness Press Cummins
gave to miners at work in the
mine to induce them to quit their
work, statements and evidence
of Stewart Miller as to contract
between the foreign mine owners
and United Mine Workers of
America statements and evil
dence of James Adams and
Thomas Horton and Rolan Will
liams that Kissinger was armed
just after the shooting. State
ments and evidence of ode Laf-
fOon as to statements of Mine
Workers. Jack Wright; state
ments and evidence of Forrest
Stephens, William Smith and
Thomas Smith as to statements
Of w. b. Kissinger made to them.
Statements and evidence of j. b.
Indie as to the statements made
on motion for bail by Common
wealth witnesses Zack Bonnar,
John Sherrard, Clarence Sher-
rard and Jack Kisner and viii
Woodruff the transcript of record
on motion for bail.
Thirteenth: Because the court
erred in admitting incompetent
testimony to 20 to the jury as
follows: all the testimony re-
lating to the shooting Of Bill
Cook by Ed Johnson, all the tes-
timony relating to the affair of
the defendants or any Of them to
the place of the killing, after the
killing; the testimony which de-
PENDANTS were compelled to give
as to carrying pistol and guns
while acting as guard; for the
error of the court in requiring
the defendants to testify To the
presence upon the trial of wit
nesses named in the affidavit for
continuance.
Fourteenth: Because the court
erred in charging the jury that
the evidence of the defendants
witnesses contradicting the tes-
timOny of the Commemorative
witnesses could be considered by
the jury, only for the purpose of
affecting the credit of the wit
ness contradicted.
Fifteenth: Because the court
erred in not permitting to be filed
the amended, and supplemental
affidavit for continuance, before
requiring defendants to 90 into
trial and in not permitting same
to be read to the jury after proof
that the attendance of Mrs. Carol
could not be coerced.
SiXteenth: For error of the
court in refusing to permit the
witness, James Harlan, to testify
to Chappell's speech at Sennit
LaffOon's house.
Seventeenth Because the court
permitted Albert Taylor to testi-
fy for the Commonwealth, after
having remained in the court
room and in hearing of the wit
nesses testifying on the trial.
Eighteenth: Because of error
of the court in permitting the
Commonwealth to contradict the
defendants as to what occurred
at Sennit Laii'oon's house and
what Chappell there said.
Nineteenth: Because the ver-
dict is against the law and evil
dence and is not supported by
the evidence.
Twentieth: Because the court
erred in extending the term of
court over to Sunday, June I'd,
1901, and because the court held
the jury beyond its regular May
term, 1901, and permitted the
jury TO deliberate on Sunday, and
.NN,1 ~. 4,