Mexico weekly ledger., 1903-10-22

the day In the Clay-Barnes murder
trial was reached when Attorney r. H..
Norton for the defense asked @. r.
Lupton, a prominent undertaken OF
Mexico, No., IL he had torn holes in
the shirt OF Rhodes Clay after the
latter's death, In order that they
might correspond with a wound on
Gays back.
"I'm going to ask you, now; MT.
Lupton,'' said the attorney in slow,
clear tones, "if IL is not a fact that you
slit that shirt in two places so that
the holes would match the wound?"
A momentary pause followed, dur
ing which all the spectators craned
their necks to watch the countenance
Of the witness when he delivered his
reply.
"No, sir; l did not he said firmly.
The audience settled back, some re-
lieyed, Others disappointed. All.
thought a point had been scored where
there would be a sensational develop
ment.
EVIDENCE DIFFERS.
Typewriter reports OF the evidence
before the Coroner and grand juries at
Mexico we're produced and in several
cases the testimony differed material
Ily from that brought out to-day.
Much time was spent IN the wound
on the dead Representatives back as
the prosecution opened its case with
the examination OF prominent Mexico
physicians. The idea was TO prove
, that Clay had been shot from the rear,
| and it is believed by many that that
, contention is the prosecutions trump
card.
! The wound, which was situated on
the dead mans right side two inches
. from the spine and twelve inches from
the shoulder, was not noted until Clay
Berry, a farmer, noticed a double hole
: In the dead mans shirt after Clay's
burial. Berry had been taken te
tLupLOu D eSbduAtouAhShu W ehS A"s~N'
and during Berry's visit there the
bloody garments were examined
closely.
= Immediately upon the finding OF the
holes, which apparently showed I
y point OF entrance and exit In a slant
ing manner, Lupton reported thu
matter to Clay's friends and relatives
u and plans were made for the speed
: exhumation OF Clay's body on the yer.
= night OF the burial. By lantern Ugh
Lupton, accompanied by a party o
physicians and friends of Clay, wen
! to the cemetery, dug up the body AM
4 examined the wound carefully. TIL
. time selected for the trip was late.
- There was no evidence brought ou
= to show that there was any represents
" tive of the defendants present at tn
& exhgmation. Among those who mad
i the trip were Doctor J. E. Hutton
Judge r. D. Rodgers, Doctor ]. Z
Fritts, W. W. Fry and the sexton c
the graveyard.
le INRoADs ON PROSECUTION.
es At the trial to-day the consensus {
ne opinion was that the defense ha
We made inroads on the prosecution
which is based on the fact that Will
all those examined were witnesses fc
the State, some of them proved goo
ones for the defense as well.
Court convened promptly at
O'Clock. Judge R. D. Rodgers state
the prosecutions case to the jury. q
said the prosecution was confident
proving that Barnes killed Clay witt
tout apparent provocation.
Attorney P. 81. Cullen followed in
lengthy speech for the defense
which he said the defense, while a
hitting that Barnes killed Clay, wouI
prove the latter had been drinkir
upon the day OF the killing and thi
his client had acted In self-defense.
Doctor j. e. Hutton, Doctor j.
Fritts and Doctor W. w. MacFarlar
were the first witnesses called. TIL
told OF the visit to the cemetery ne;
d midnight to examine the wound
the back Of Clay's body. The physiC
n JAMS described the wound accuratel
ge telling that 1t was a sort Of furrow {
la %protruding muscle. Doctor Ma
Farlane was not sure. at first. whetht
the wound had really penetrati
enough to draw blood. The 9th
doctors said the wound was 2 inch
!. long and about a quarter of an I'M
deep.
cRoss-ExAMfNATIoN.
Attorney Cullen took the witness
and succeeded In getting them to s.
that the wound might have been pr
duced by a loose bullet in the clothil
of the dead man, which might ha
rubbed against the body while frien
were moving 1t about after the shot
ing.
@. r. Lupton, the undertaken, "
then put on the stand. He said tn
he took charge Of the body after .
killing. He described the woun
in The bloody garments were SUBMIT
as evidence, and Lupton showed be
they correspond With the w0unC