Evening star. [volume] (Washington, D.C.) 1854-1972, 1904-06-24

he got the gate open In q moment or TWO
and then went out of her sight. The time
was a little before 10 o'clock in the morn
Ing.
Under DISCRIMINATION
The cross-examination OF the witness was
interrupted by the noon recess, but was re-
stunned Immediately on the reconvening Of
the court. Mr.. Lipscomb questioned her
closely as to the clothing worn by the man
she saw cross the lot adjoining the house
where the murder occurred. The witness
said that a colored man had come to her
and had told her a woman wanted to see
her, and she had found her visitor TO be
Mrs. Oelrichs Mrs. Oelrichs asked the wit
ness If any one had been there looking for
her. and the witness told her of the man
she had seen and described him. Then Mrs.
Oelrichs left her.
The next witness called was Willie
Adams, nine years old, who lives at 1891
Florida avenue northeast, in the rear of the
house where the murder Is alleged to have
been committed who was next examined.
The boy had been sent to the store on the
day of the murder. He went out of his house
by the rear door, he said. and entered an
alley back of the house. In this alley he
saw a man with a pistol in his hand
standing beside a stable on the corner OF
the alley. The witness said he had seen the
man described as being in the alley at the
station house the night Of the day he had
seen him in the alley. When asked If he
saw him In the court room, the boy picked
out Weldon.
Under cross-examination the boy said he
saw the man about 10 o'clock in the morn
ing When the witness saw the defendant
at the station house he could not identity
him until he put on his coat and hat.
Mrs. Toomey's Statement.
Mrs Millie C. Toomey, who lives on Flor
Ida avenue northeast. was then placed on
no OF nd be yjfp Heacrfhpd
ton of houses in the square. and then said
she had gone into the shed in the rear of
her house the morning Of the murder to
lcok for her little boy. Peering into the
alley In the rear Of the shed she saw man
standing there with pistol in his hand.
He seemed to be turning the cylinder, She
said. The witness saw the man again at
the ninth precinct station. She pointed out
Weldon In the court room as man who
looked like the one she had seen at the sta
ton house.
Mrs. Toomey thought 1t was about 10
o'clock when she saw the man in the alley.
Her son, for whom she was looking, came
into her house shortly, prior to which she
noticed him stop at the corner Of the stable
where the man had been standing The boy
picked UP something from the ground and
came to her. He gave her three cartridge
shells. which. he said, he had picked up
The witness could not positively identify
Weldon as the man she saw in the alley.
Positive About the Hour.
Mrs. Minnie Adams. mother OF Willie
Adams, was then called. She testified that
she was in the front room of her house on
December IL. and it was about five minutes
after 10 o'clock when she sent her son to
the grocery store for some oil. She was
positive 1t was that time exactly. and
cross-Questions failed to shake her testi-
mony.
Joseph T. Toomey, husband of Mrs. Mile
Tooney. was then placed on the stand to
testify as to receiving the shells his boy
had found, from his wife and to turning
them over to the police.
Mrs. Lucy H. Beall, wife of Wapen Beall.
was placed upon the stand. She said that
the defendant came to her house on the
morning of December II.
The district attorney asked the witness
what the defendant had said.
Mr.. Lipscomb objected to the answer and
requested that the jury be allowed to with
draw while the question was argued by
counsel. The jury retired and District At
torney Beach stated that he intended to
show by the witness that the defendant
went to the house Of the witness, Mrs.
Lucy Beall, and without any prellminarles
whatever had said:
II have killed Jessie Beall. the black
headed and she lies up there
under the stove"
After hearing the argument Judge Gould
decided to admit this evidence.
Argument Over Admission of Evidence
A long argument was had between coun-
sci yesterday afternoon as to the admlssi-
bility of the evidence of Warren Beall, Jr.,
SO far as it related to the alleged threats
made by the defendant, the attorneys for
the defense claiming that the threats were
in no way connected with the dead woman
and that the law of evidence excluded gen.
eral threats of this nature from the tesu-
mony of a witness in case Of this kind.
Justice Gould stated that the court agreed
with the counsel for the defense on the
general proposition of law, but 1t was the
courts opinion that in this case the threats
were sufficiently identified with the case on
trial, and therefore the evidence was ad-
mitted. Sections of the board into which
witness and defendant had fired bullets
from a revolver were then admitted in evil
dence.
Warren Beall stuck closely to his former
statements when cross-examined by the de-
PENDANTS counsel. Attorney Mitchell asked
him If he had not told man he was going
to get $50 for testifying against Weldon at
this trial. Witness replied NO and was
excused.
Policeman Brownies Evidence.
Policeman Phil Browne, the next witness,
told of his visit to the house at 1874 H
street northeast the day of the murder He
took charge of the person Of the dead wo-
man and went directly to look for Weldon.
He did not return to the station until he
learned that Weldon had been arrested.
The witness told of the saving off the
sections of boards from the woodshed in
the rear of Weedon's house and of recover
ing from the ground near the woodshed one
of the bullets fired through the boards. The
bullet was 3S-caliber. Browne also told the
court of the discovery of a bullet on the
breast of the murdered woman at the time
of the finding of her body. This bullet was
held In place by her underclothing. Witness
gave instructions that the body was not to
be touched when he left to look for
Weldon. but when he returned the bullet
had been removed and 1t has not since been
found. This bullet appeared to be of the
same size as the Others 3S-caliber. The bull
let's were then offered in evidence.
Policeman Browne told of the ,examina-
ton OF Weldon at the station house and of
his statement to Lieut.. Daily that he never
had pistol and had never fired one. In ex
amining Weedon's clothing the day of his
arrest the witness found what he believed
to be a blood stain on the toe of his right
shoe. The shoe was offered in evidence.
Story of the Arrest.
Policeman Cullinane of the fourth pre-
cinct was next called to the stand. Guilt
name arrested Weldon the afternoon Of the
murder He testified to finding the defend