The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1905-01-13

Z 1Iddlns to express Ills opinion touching
Sthc identity @o!e the same piece of clo t i
as a part OF tho shirt y. sSs
g5 Exception 10 relates to The court $ 4 g G
/ ton iii permitting Witness r. q w Giving
ton to state whether or not he spnk 9 to
petitioners Wife whom witness testified
The met on Hlgl, Street abou t 8 20 o clock
Eon tile night Of the homicide, or whether
she spoke to him, wi tness testifylng that
he removed Ills hat and bowed, but she
did not speak, rhe oljecti Ont that no z
Legitimate Inference comforting petitions
er''s q gun or nocence could fairly8SSb be
drawn from It. ~
9S lSxcopticu His as to- the courts per-
hitting Witness Il Martin to testify: as 10
an alleged conversation IL between u
Ktloner and his son, Il William Nice Cue "a in
the jail. g83 Petitioner con tends that he
( Jury were expected to and doubtless did
infer from MART dence,, hut PEE
EtitionerE murdered Its MI 1eiI Or lat q least
that his ahlmus toward 4 her wal tEof q q
gmurderous nature. 81
$5$ Exceptions twelve and thirteen relate
\ to other parts OF the testimony Of Wit
ness Martin as % tho alleged con versa
+ lion between father and SON 4ia5g
R15 Exception fourteen relntes TO the
courts permitting lie prosecuting tor
Rney Il to ask Witness liam Il urley.
wlet Their or not titionerf lin anal az eyed
conversat ton With witness, said any
ching about What Il effect 4 the jealousy, Of
I petitioners wife had UP ION 4 his pleasure
or$eijoymcllt II life, nd answer Of Wit
mess thereto. S GI5 ii 3s
sssS Exception Fifteen relatcs to heBretlsol
Sofs tia court Ito strike out 50 much Of the
I testi,nony4o f. Dr. N elson, Wit ness for the
/ Comm onwcnltli,Fas related to his opinion
I'm regard TO the effect or resu Is Of q blow
struck With q sand bug or other similar
Instrument, the ground Of objection bcs
ing witness s Subsequent ndmisslOns that
$he had never seen q blow with III sand
bag, and had never had MI |: opportunity
/ Of observing or making an examination
or any person struck With a sand g
or similar woe pom. 5583l
Exceptions Holly, 10. 10, 20, 21 90 1872 g
o. &c, u, %, go, 80, and 80, all relative 70
The Impeachment by he commonwealth
or Nitness William NtcCue (pettt TONER'S
( SOM #, introduced by tho Common wealth
Twenty weight Items Of F5 evidence q are
I cited by petitioner, to which objection 81 on
the score OF aurlSsl ~ Tall cu =
each instance the witness, liam Me-
Cue, being i first asked ~ he sdtd58n'o
make thc$statement, ex press the opinlon
orfdu, the thing imputed to hin, and the
commonwealth si5i afterwards introduced
witnesses to contradict his denials. 55s
Tha8thirtleth exception was as to the
courts action In permitting the Com
monwcnlths witness, Brand too
testify that on one occasion at tho shouses
Of petitioner, petitioner spoke VERY
rough and bitter to his fe,5ts'f1 IKE he
could kill her In n second.
Exception 81 relates to tho adm ssl on OF
testimony Of George Thomas, rs to the
manner OF petitioner to his ri 70 sorli q
specific occas lon ISL S i5s5 NE # Il! .i
~ Exception IS rolates TO tile courts &c
ton in permitting the witness, john l'elo
~, introduced by the court at the IL
stance Of q juror. TO- be asked "a certain
questions, III & Il Y n Nh u Il II;
Exception 40 relates to the permitting
| By the court Of tho reading to the q jury
ny counsel for, the prosecution o. the
paper purporting to ]oe the atement OF
John Perry. written down by NJ liam
McCue The petitioner cites that William
| Alccuo denied writing the statement q
| the time John Perry made It or IN Perry''s
presence; that Perry repudlated the state:
mont when It WAS read TO him ana tina Ela'