The times. [volume] (Richmond, Va.) 1890-1903, 1902-02-13

declared was tho shock due to the sec
ond operation, performed by DR.. George
Ben johnston, Of Richmond, as a last re-
sort
The patient died before he entirely re-
covered from the anesthetlc- DR.. Aylett
said that had the operation not been per-
formed, Marye might have lived one, two
or even three days, but his one chance OF
life was the operation, and he took II.
His death occurred seven days and SIX
hours after the wound was inflicted.
The third witness was Joe Banks, the
pawnbrokcr from whom the weapon was
borrowed. he was followed by Lawyer
A C. Peachy, who was an eyewitness and
whose account did not differ materially
from other accounts given. BY special
arrangement, the defense next put j. a.
Nandcgrift upon the stand. thar Selitie-
man being compelled to leave the CITY
this afternoon on business. MT. Vande-s
grift saw Maryc7 throwing the missiles
through the WINDOWS of the Garnett res.
idence.
At o'clock the court adjourned lor
dinner, to reconvene at 2:oo o cloch.
REMARK1ABEE PROGRESS.
NEWPORT NEWS, VA, Feb. Ike
mnrkahlc progress was made in the at
ternoon, tho session closing With the &C
cused on the stand his testimony nearly
completed The defense has several VII
ness to put on tomorrow, and the case
may be completed by tomorrow night.
Til, Commonwealth rested its case a
80 o'clock and tie defense put on Mlss
Nav Garnett, who testified as to the
events occurring at the home. She was
asked il she was engaged to MarEez a,
any TIME, but the question was fuico
out, and this line of examination aban-
doncd
COURTROOM MOVED TO TEARS.
Mrs Garrett her mother, made q re
markablc Witness; her evidence in places
moving many of her hearers almost to
tears. She told how in the fall OF 400
after Maryc had been denied admission
TO the Garrett house, he met lrer and
told her that Miss May had ruined his
life. referred to her letters as being as
cold as the North Pole. and said he was
going to make the entire Garnett family
suffer for his wrongs. Aftcr that, sic
would not let her daughter so upon the
street without an escort.
On the fatal afternoon. when Marye
was throwing rocks into the house she
went TO the door 10 tai kto him. Jie
watched her through the glass and de-
liberatclv tire wa brick at her, narrowly
missing her head. II hate to testify
against the dead, I hate to believe he
threw that brick at me, but j must tes-
tify to his actions in justice to the liv-
ing said the witness, who then pro
cceded to tell how she had had a mes
sage sent TO Marye.s brother by a. neigh
Dor.
THE TELEPHONE MESSAGE.
Mrs. .Ashby's testimony was along the
same line. a vital point in the case is
The nature of the message she telephoned
her husband Mrs. !Ashby said she telc-
plloncu him to come home Immediately,
that they were frightened almost TO
death; that Maryc Ii dathrown u brick
at her mothers head. Sc did not tell
him about the arrival of the officer or
that NIaryc was under arrest.
There was nothing new brought out III
Ashby,S testimony. Referring to The
shooting, he said when he got the tefe-
phone MESA sc he was dazed and when
he got the pistol aud started up the
street lie was SURPRISED to find that he
was not angry, but just worried about
conditions at heme. and he quickencd
his pace. Then said he: II suddenly
found Marye right III front of me. With
out hesitancy hardly realizing What
was doing, / made some remark, dc
not remember what, and fired three or
| four times"
After the shooting Maryo took Ash
| by's hand and told him he did not blame
| him. The COMMONWEALTH objected to
Ashby's tcstifyiltg TO what Marye told
| Tim upon that OCCASION, and a long WraE-
| gle occurred, Judge Barham reservlns
| his decision on the point until Tomorrow
| and adjournng court
]