The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1905-01-29
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Man Named Harvey al Y {,
.ISaWfFishburnes.S.''tE,d il.[)' 4.
Dr., Lefev,v. 4
I. BOTH SIDES ARE !. ri:
AFRAID OF; : !! HIM j I \
The Tttigc Asked to Put y Him Him on
is Witness and ID Takes I ;7ll g lt /.
Under consid on AZ 4 t-. y. "
tempt to Discr '',ss1i M Mrs.
Moyler's Testimony :'!lnn1'o y VA
AZ other Pro edings.
! \. !, \, oIrhe Times nj Dlspatch.)

NylllSl y =
ccal Is THE Times p spntcth,i.)
70, ~. 2s.-ln tne Il,a'
~ Charles II. Flshburrle ~ III
rrl1 c,nnl evidence introd uccd by " 5d IS
,sr.e ~ /, the Kin . q kniie
II ,,se. an attempt a break the FORGE ores 81
nc evidence Of Mrs. ana m g 81 ~, y
NM h1r. Edward l.. stone was slS
q -, ~ 1. Who would be believed uh nlll
Il oath. III h, J. !. Il ]. & 4,
~ ta,x of the city to-day has has been % en-
,bn ming cross-exnn1lnastif II o. ta!rs
8 IN 70 Az. ii. Nj. Smith OF hinond,s
y "a INDEED, more than half Of the WY " Ii
,,erses for tho defense rtlye ~
Il thc stresg, Of the ution u1'uc l 81
4 Id pert and nlasterly a
& ton Of Mr.. Sniitt IN 3B.8, !.
The !, nnopncen,ei + IN t tlsi = ~
,hat i 81 prisoner was 70 be pHt 9h Wy
sta5d 81 me as IA surprise. tte y
to snow some cakiessS unaer t 'ic
IA se,,s,lt;t,t, az I'll. day, hlct: was 7.
,t,s,y..yg r,,ltla pui1l!c In court yus ttlh y
x,3t No mo the tragedy had be eIi
TN. nd til. ID WAS his iarscs since
IS ttn5f M, Il bee;,n When court opened ".
81 ifST sirlcxinnd was cal led py5, tne uet-3i
N sa,,sel 4 Id asked AloW3I II y'as Flshbu m
showed him tho knife, and 70 tate .. tiiut
n lid had rerDarked that ne Sdlu not MI
~ cut y, 6 ,ne n sniI Inc te
IL Uni n Ma not broken. and showed ~ 70 20
him. ~ g, 33
Marks on HisAFace.
u ht,tirnc les tl-s
acI ~ seeing the mark on the d face OF
5srhnrlfp Fjshburnc. Maj or}f C.S d lln-
zero testIaed that; heS 81 " r,s8 Fist
VI t,,rr 4 I, te IN 4 rom DR.. lie Few resi-
dencc. told ls ms
agattttad HIM md he "a cut ~ .
to 20 for a doc = q y . =, Y
Is na5e tsom nj dstined selling
Charles Fisfiburne knife 1. He SUD Els h.
Il burne was In his store while ne was e
showing another party q knife, q nd aai ~
he wanted n II knife for iprunin g., MS tilc
3sss had broken tho one at home. zAf8 k XII
was shown to tho witness and Id ntlned.
Cross examination by Y pr osecltlon1 iii wa WAY
ness said that It was not tho kind o.
knife scd for PR MINI. lsh nt'p ist y ~
II on the 2sth. II . 4; \,
Misses Mary and Hannah Cook. the
4 Young ladies who had the mumps,g when
POSTPONED the case, testified that as they
passed tho L,cfew house they saw two
Il MGR, going down the walk apidly.
.5S$s Mr.. Charles Jennings test fed that he
saw Fishburne as he was running from
& the sEefew hcusc. sand 4F'ish burne also told
4 him that ne had been assaulted by Dr.
Fl yLefew and cut him
The Prisoners Wife. ri
Mrs. Charles T. Fishburne, wife OF the,
prisoner was the next witness. She
testified as follows II am twenty-threei
years old and have been married year.
in Novemlsar. Mr.. Fishburme had a.
Il knife before this difficulty with Or. 1,efe W
II saw the knife at Mr.. Stones when he
came IN with big bundle Of maya zines.
and then on Saturday night on the work
bench. He had been down In the cellar.
fixing his motor cycle, called to him
to come ZIP stairs, and he did not COME
IS and went down there. Hc had another.
knife there. and would know It II It.
wore shown to me. II 938Fst s;
Judge Iohlegar then asked: ~ When did
you next iit?"sf I{I4s
Answer; .The night Of this trouble.''
Question: Was your attention called
to any marks on the night Of the trou-
tle?" is $
Answer: No. h. ~
Here Mr.. Smith objected to her being
E questioned, and she resumed her state
mcnt: B <, u ia isi II 5' 5
II went down in tho cellar to get him.
and he was working on his motor cycle.
and OH the bench near him was the knife
i he had becn using. IIe picked 1t up and
put St8In the work box and stopped down
and picked up another knife, which he
7 had had for some time, and MS we went
up stairs he put 1t in his packet and said:
II Will tind out who this belongs to- It
was not his knife, but was left there By
a carpenter, who was working on the
d annex OF our house. and they had left It.
He showed 1t to mo again on the night
OF The dlflculty and there were blood
stains on II. There was mark on the Y,
handle, initials. and they were Y r. c.
or n, c. one or the other.
Court took recess while she was on.
IS the stand. iS II y a. Hi ~ 3f *
When court reassembled, counsel for
tho deic nsc asked hcr, to state that Il boys
Z had not yelled at her and Mr.. Fish
Il burno AT other times, Mr. Smith OBJ
jected and court sustained the objection
! Exception by the defense. fg
&s She then stated that when she sepa-
rated frlm Mr.. Fishburne on the cornar
OF Eleventh Avenue, he said hff was go
ing to find out where the boys lived
B SO heaeould report their conduct at their
4 Il homes
Grand Jurymen Testify. AM
X III, q, EIitts W.5l Andrews G, Isl
Eel II, members ef HE grand jury, which
i,,dic ed Fishhnrne. testified that when
Mrs Moyler testified before them she
stated that she witnessed tho itroublsat
I.Hew's from her porch,
~ S. Trout S. w, JamsHn, " !.
Stephenson, j w. Hancock and NJ, w.
h Turner testified to the good character q!
Edward l.. Stone and that ~ hey would
bulifye what he would say under oath,
supsrntendert w. Cook, Of the R1d-
ford Division testified that no saw Mrs,
i.efew when she ,ra 4. screaming from hey
y nome and that he went IN 70 see the
doctor, IIedid not see Eishburne until
I. after he saw Mrs. Itefew, II .ss
q FI., d. Kelsey a tailor, who made Cloths
b ing Tor botls Fishburne and l.eleW sYyas