Evening star., 1901-12-09
Declines to Admit Question Propound-
ed by Mrs. Bonine's Counsel.
rILFS BETWEEN ATTORNEYS TODAY
Dr.. Carr Positive Wounds Were
Inflicted at Short Range.
PHOTOGRAPH REJECTED

There was plenty Of interest fn the Bonine
murder trial today, yet the attendance was
smaller than on any day since the jury was
selected. Fewer women We're present than
on any previous day Of the trial. 1t was
1890 O'Clock before the examination or
former Coroner Carr was resumed. Pre-
ceding the doctors recall to the stand Jus
tice Anderson rendered his decision over
ruling the admission of the hypothetical
question propounded Saturday, and regard
ing which there was lengthy argument by
counsel on that day.
Mrs. Bonine evinced more than ordinary
interest while Justice Anderson was render
ing his decision. Her respiration was no.
ticeably accelerated and she appeared to be
apprehensive as to the important point IN
her defense. which was under considera-
ton. as confirming her story of a struggle
with Ayres. and that the wounds could not
have been Inflicted at long range. She
seemed engaged In another struggle, en-
deavoring to hold up under the intense
strain. The defendants brother and sis
tiers, who have been with her constantly
throughout the trial, also seemed conscious
OF the Importance Of the decision of the
court on this important point.
At several different times during the fore
noon session Mr.. Douglass and District At
torrey Gould engaged in sharp Tits There
was laughter on the part of the spectators,
and Justice Anderson announced that IL
there were repetition he would order the
court room cleared. What caused the
laughter a retort by Mr.. Douglass to
an objection interposed by the district at
torrey.
Counsel Clash.
"All of a sudden, after three weeks my
friend. the district attorney, has awak-
ened from Rip Van Wrinkle sleep to the
realization that We are having expert testi.
4,, As-
I'VE have just as high an appreciation Of
the intelligence of the jury as the govern
ment has. and we respectfully submit that
we have the right TO ask these questions in
order to prove our position in this case"
Dr. Carr proved to be an important wit
ness for the defense. He was positive
that the wounds in Ayres' body were in
hicted at short range. His testimony was
In direct contradiction to that of DR.. Glaze
brook, who testified for the government
Mrs. Bonine watched every word with the
utmost interest The bloody undershirt
worn by Ayres was again brought forth.
The indications are that the trial will take
up the attention of the court the greater
part of the week.
Conrt Decides q Point.
It was nearly 1880 o'clock before the
proceedingly were resumed this morning.
While waiting for Justice Anderson TO ap-
pear, counsel for the defense and for the
government engaged in conversation,
After the Jurors not impaneled in the
case had been excused until next Thurs
day morning Judge Anderson announced
his ruling upon the question that precipi-
tated the argument which was in progress
all day Saturday. This question was put
to DR.. w. p. Carr by the defense, and
was as follows:
Doctor In your opinion, what differ
ence, if any would there be in the height
or direction of the wound, assuming that
the party receiving the wound is either
standing, walking or running?"
Without passing on the legal proposition
involved, Justice Anderson stated at the
outset that it lacked the facts on which
an intelligent answer could be based. No
man could answer the question without as
Stunning the relative positions of the two
parties. The court added that the ques-
tion was indefinite and thereby rendered in
admissible. and, in form. Objectionable.
IF the question should be admitted
said the court, lit would inject into this
case confusion and clouded situation
that would embarrass the jury in mvesu-
eating and determining the truth of the
issue. The question does not embrace the
necessary facts upon which to base
rational answer
Il will give counsel an opportunity to re-
form the question: concluded Justice An
derson, ''or will finally rule upon the
issue"
The jury was then conducted into the
room, Attorney Douglass formally asked
the question again, United States Attorney
Gould objected the court sustained the OBJ
lection and an exception was noted.
Question i'm Other Forms.
Before further examining DIR. Carr coun-
sci conferred with DR.. Ruffin and Dr.
Bovee, the other experts retained by the
defense.
Attorney Douglass next asked the ques-
tion in several different forms. Mr.. Gould
objected to each form, the objections We're
sustained and exceptions were noted.
The effort of the defense was to show by
DIR. Carr that in view of the location Of the
wound on Ayres' hip the question OF
motion at the time the bullet struck him
would not have changed or influenced the
location of the wound.
The government counsel did not object
to the following question, propounded by
the defense:
In view of the location of the hip wound
as described by DIR. Glazebrook, state
whether or not the wound could have been
influenced in height and direction, or either,
by the fact that Ayres was or was not
walking or running?
1T would not materially influence it as
understand it," answered DR.. Carr.
why do you say the height or direction
would not be materially changed?" then In
Quired Attorney Douglass
After certain experiments" began DR..
Carr.
II object to the answer II 1t is to be
based upon experiments" interrupted Mr..
Gould. ''The answer should be based solely
upon the witness knoWieuge OF anatomy.
A passage between counsel followed, in
connection with which Attorney Douglass
remarked that after three long weeks Mr..
Gould had suddenly awakened from a Rip
Van Wrinkle sleep. and discovered that
there was no room for expert testimony in
the case, 30 far as the defense was con-
cerned.
Justice Anderson stated that the court
did not understand that the government
contended that there was no place for ex-
pert testimony upon the part of the de-
fense. and ruled that the witness could not
refer to the experiments.
Basing his answer solely upon his knowl-
edge of anatomy, DIR. Carr replied to the
query by saying the part of the body struck
moves very slightly in walking and run
ntng-that in moving in the manner indi-
Gated there Is no appreciable change In
the relative positions of the tissues.
Refers to Powder Marks.
DR. Carr next testified that he had ex-