The Columbian. [volume] (Bloomsburg, Pa.) 1866-1910, 1903-09-17


his wagon and took him home. He
looked about for weapon with which
the blow might have been struck, but
found nothing but fresh cut sapllng,
but there was no blood on it. Two
days later he visited the scene, when
he saw piece of iron lying near the
spot of blood in the road. The spot
where McAndrews was found, he said,
was stony.
David c. Black, a merchant Of Cen
tralla testified that he went to the
scene of the crime before noon on
March 80, and made a thorough ex-
animation. There was sharp stone
near McAndrew's head that had on it
some blood and skin. ga fresh cut
club" said the witness, "was the only
weapon l could find. / did not ex-
anime the wound on McAndrews
head. l spoke to him and he nut.
tered something IN answer but | could
not understand what he said. He
opened his eyes and extended his
hand to me-.
DR.. Davis, of Centralia was the star
witness for the defense. He attended
McAndrews before he was removed
to the hospital, and held brief con-
versation with him. He was interro-
gated by Mr.. Rhawn, as to whether
or not he had asked McAndrews if
any one had hit him, and was about
20 answer when Judge Herring object
ed. 81 object to the question:" said
Mr.. Herring, until l have had an
opportunity to question the witness as
to who was present at the time. We
are entitled to know who was present
if anybody, when the conversation took
place." The objection preclpitated
quite lega! tilt. after which the offer
was allowed by the Court subject to
cross examin alton by Commonwealth's
counsel.
Judge Herring then proceeded with
the cross examination, "In what condi-
tion physically did you find Nc
Andrews2" "He was lying on couch"
"No l mean what was his physical con.
dition.' 81 don't understand the ques-
tion." "What, a physician, and don't
know what the word physical means2'
"Well his physical condition in regard
to what, his hands, his feet, his body
or whatP His feet were all right"
The witness turning to the Court,
stated the question was too ambig-
uous, and that if counsel would put it
in some specific form he would
answer it.
"Will you answer my question:
demanded Mr.. Herring. After some
hesitation the witness answered, "He
was in a sleepy condition" "How
big was the wound1" sit was about
the size of the end of this" holding
up a lead pencil. "Was there any
blood flowing from IT." "No sir"
"Did you diagnose his case?" "No
sir" "What did you prescribe for
him1' 81 did not prescribe for him,
he was not suffering" "Was he
6runk?" 81 don't know whether he
was drunk or asleep" In answer to
a question as to whether or not
there was any one in the room when
he held the conversation with Mean.
drews, he said, 81 don't know, there
were several people around there. l
asked him question and he answered
and l followed 1t up with another
question and he answered it, "Was
he in full possession of his mental
faculties at the time you talked with
him2" 81 don't know. He was sen.
sible to touch and pain. l pricked
his leg and arm with pin. The re,
sponse to the first prick was prompt
but to the second not so much so.
"But would you swear that he pos
sessed all his mental facultiesp" "Nc
would not testify positively to that
effect"
"Then," said Judge Herring facing
the Court, 81 object to the admission
of this conversation between DR.
Davis and McAndrews on the groun(
Of invalidity." A heated discussion
followed. Counsel for the defence
were anxious to have this evdenc,
admitted as it had a heavy bearln,
and involved their strongest point
"We ruled on this point yesterda,
said Judge Little, The testimon
will be admitted. 1t is for the jur,
to determine as to whether or not i
is reliable" "Will your honor please,
, SAID Mr.. Herring, "note us an ex
, ception?" At once Mr.. Ikeler an,
! Mr.. Rhawn were on their feet anC
objecting most strepuously, claimm
that the Commonwealth had no righ
to it,
"The exception is noted and tn
= bin sealed for the Commonwealth
If the Commonwealth has no right /
] the bill the action will not ipiura ia