The Montgomery advertiser., 1902-03-01

had told him that he was seriously wounded and that the wound would probably be fatal The witness told nm further than he might never again re- gain consciousness.
 Did he make a statement to youo' she witness was asked.
 He did," was the reply.
 "we object."' cried the attorneys Tor the defense. They argued that it was not shown that the deceased believed that he was going to die. On the con trary, they said. they expected to intro duce evidence to prove hat he believed that he was going to live and that ne had made plans for the future. ihe statement was not legal evidence unless the wounded man labored under the idea that he was fatally Hurt.
 Justice Screws said that he would not rule upon that question at that stage, but would take 1t under consideration. The attorney for the defense, after hear ing the statement, withdrew the objec- tion.
 Statement Repeated.
 Dr. Billing repeated the statement that the wounded man had made. He said that Griffin told him that he was on duty at the Theatre and that Captain Taylor had reproved him for not making men in the gallery remove their feet from the | and reprimanded him for not making the nen keep their feet from off the railing, and then he told Griffin to come down on the streets. He said that Taylor was walking in front. Griffin called to him to come back, and said: 'I am tired or you prosecuting me, and l am going to have it out with you now" Some words passed that Griffin said he did not remember, and then Taylor struck him. T. Al, l.. bod cd of both hands together and had raised the hands thus doubled and beat Taylor to the sidewalk. Taylor then shot him.
 The witness said that Griffin had hopes that he would recover He told the Wit ness that when he got we'll he was going to leave the police force and go into the ministry. The operation was performed by Drs Goldthwaite and Watkins. The operation was performed seventeen hours after the shooting. In answer to ques- tions on the cross-examination, the wit ness said that it was unusual to wait so long for the operation to be performed. It was generally held by authorities that a wounded man ought to be operated on at once if he had recovered from the shock, and if it was known that the ab- dominal cavity had been perforated. wound that penetrated the large bowel or the kidneys was usually fatal.
 
 Patrolman w. F. Slough testified that he had a conversation with the wounded man on Saturday before Mrs. Griffin saw him., Patrolman Griffin said to the wit ness:
 "I am willing to forgive Captain Tay- l Tor. My Bible teaches me not to harbor malice against any one. I want to live | that way, and if I am to die, I certainly want to die that way" Upon objection by the defense all of Patrolman Stough's s testimony was excluded, as 1t was not | shown that Griffin believed that he was i going to die.
 | John Gary, a young negro, who said that he worked for MT. Tyson, said that | he was near the corner of Perry and Mon-
 roe on the night of February 14th, when | the shooting occurred. He never heard | any of the words that passed between the
 men. but he was looking at them when
 the pistol shot was fired. He saw Mir.
 Griffin go to the corner holding his hand on his stomach and saving, "Oh, Lord. oil-- Lord
 Bloody Shirt Exhibited. 1 Acting Captain John G. Thomas of the | Montgomery Police force was called and
 testified as to Patrolman Griffin's being
 brought to police headquarters. He did | not see his weapons taken off him. He | noticed that the overcoat had a bullet
 hole through it in front. He could not | identify the bloodstained and smoked shirt which Solicitor Lomax handed him,
 as he did not take it off the patrolman.
 On cross-examinaton, he testified that | Captain Taylor was in command of the | police force at night, and had the right | to assign men to duty or to change them. 1 Coroner Tice identified the shirt that was taken from the wounded man. It | was smoke-stained, bloody and had two I l.-I
 body of Patrolman Griffin for burial. He
 was rather a large man, feet tall and weighing perhaps 160 pounds. He was a well-developed, strong man. much l larger man than Captain Taylor. l Mysterious Witness | Peter A. Buyck was the next witness | called. He was the Wetumpka witness | of whom so much was said and so little
 was known. He was one of the eye | witnesses to the shooting. He testified
 that he had been to the minstrel per | formance at the theatre the night of the
 shooting and had gone out during an in- termisison to take a drink. He was | standing in front of Powell's saloon, | which was across the street from the | corner on which the shooting occurred. | He saw the two police officers go down | the street to the corner from the theatre. | Heard one of them say something about | patrolling the beat. He also heard one | of them say: You have not been doing your duty" A little later he saw the
 flash of the pistol and heard one say | "Oh, Lord, l am shot" If any blows 1 were struck he did not see them. The
 attorneys for the defense closely ex- amined Mir. Buyck as to the number of | drinks that he had taken in the day. He was asked about each drink that he had | taken that day and that night. The wit 1 ness said that he had taken half dozen | or a dozen drinks, but that they had not | impaired his memory. He was uncertain as to where he had spent the night | Acting Captain Thomas was recalled l and identified the uniform worn by Pat rolman Griffin.
 Patrolman Griffin's Weapons. | Patrolman Herman Fable testified that
 he was on duty the night of the shooting | on Monroe Street. He heard the report | of the pistol and with Patrolman Roberts l he ran to the scene, the latter d little | bit in front. When he got there he found | Griffin on the corner. The witness took l his pistol and club out of his right hand | overcoat pocket. The witness heard Grif- 1 fin tell Roberts about the difficulty. Grif- | fin said that he came out of the theatre | with Captain Taylor and that they had | had difficulty. Griffin said that he was l getting the best of the fight when Taylor
 shot him.
 J. B. Woods. property man at the | Montgomery, Theatre said that he had
 heard no disorder the night of the shoot | ing. but that his place was behind the l scenes He could not have seen if men