Spirit of the age. [volume] (Woodstock, Vt.) 1845-1913, 1901-04-27


tie Between Attorney General
knowIton and Counsel Elder
Druq Clerk Titus Saw Eastman and
Grogan Struggling Seemingly for
Possession Of a Weapon-Several
People Tell of Hearing Cries of
"Help" and Murder"-lmportant
State Witness to Be Heard Today.
Cambridge, Mass, April 25.-.\ strong
point in Eastman'S favor was decided
Yesterday, when the court ruled that
Grosan's last words, when lie lay be-
side the Grogan house, ut the point or
death, were not competent evidence.
and will not he allowed. Nor will the
words. "CharlcS Eastman has murdered
me-" uttered by GrOgnn as he ran to
ward the house, and heard by the child,
I.ottic IIroughton, he allowed.
The poinl raised by Mr. Elder for the
prisoner was one of intense interest. rs
II was being argued by Mr.. Elder on
the one side and Attorney General
Nnowlton on the other, and coming in
the afternoon ii seemed TO make Il eli.
max to the days proc ceilings.
The point raised was, apparently, un-
expected by the attorney general. 1t
came out in this fashion: I.ottic
Broughton, a witness. Was asked to re-
peat what she had heard Grogan say.
her testimony having already gone be-
yond the point where ii had been shown
that Grogan waS wounded. Mr.. Elder,
interposing. said he anticipated the an
swer to be, "t'hnrleS. you've murdered
me-" and to II he objected as incompe-
tent evidence. on the plain ground that
it was Grogan's opinion, not spe-
ciic declara,ior OF the dying man.
On the same ground ne objected to evil
dence already presented which, in cf-
feet. was opinion and not bare state
mrnt of fact.
Attorney General KnoWlton immc-
,liately took the opposition ground and
the exposition of the law hv the two
attorneys was 50 keen that the issue
was taken by Judges G:skill ana Aiken
into conference. which lasted an hour
| The decision was against the govern
mcnt in almost every particular. the en-
| ception being that the identical words
| Objected to were allowed to stand in
the direct testimony of Mr.. Titus, Il
druggist, who saw the struggle between
Grogan and Eastman. and heard the
former speak Immediately after having
been shot. The courts reason for the
exception was hat Mir. Titus, who saw
| the men before and aftrr The shooting,
| was qualified to testify to what he
| saw and heard as facts. while other wit
later time heard him simply express his
opinion of the reason for the wound.
1t is understood That the strength OF
the governments ease was built up on
incidents following the shooting, and /!
| Is further understood that Attorney
| General Knowlton will take issue witt
the courts ruling, which LAS the effect
of striking out much of the testimony
allowed in the lower court.
The entire day was full of sensational
evidence. beginning with that of Walter
y. Titus, II druggist. nnd eye witness of
the fight between the men. He saw
Eastman with Il revolver in his hand
ana identified ono exhibited in court rs
the same. Several persons who live In
the ncighhurhood of hc Alvan ClarN
estate told of the excitement following!
the shooting, and Of hearing cries OF
"IIclp. murder
The concluding witness, and the onI
wOhse evidence is expected to be very
important, was Belle Hryhn, the house
Keeper for Mrs. Grogan. Her story hat
not proceeded far enough mt the day:
adjournment to disclose the govern
mcnt's strength ut This point in its chair
of circumstances.