The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1905-01-28
Fishburne Stand. u | is |. U.nl1.. ).lI1|
NOV on, i \ Spot t5W'hleIr'e'' Y b 'Il' q
He Stabb ed l Lef6v''v, 5I5
ON e. WITH \ [: ESS, J S; S,
5I1. 10 THE IRA Z ! GEDY'l'.. (. j: Il. I.
Mrs. Moyler els q the I'll .;[''.'i, Tra-
gedy at the Gate iia: tN''. Furth l1l' her @ 35
Testimony as to J Length
IL 8of Knife BladeTh11ee
Prosec cution Rests E8.5'
Case. y
/, .rho II1,imes. p,lsratcl,

dSC {l
\ Especial 10 rho Times Dlspat atcl,.)s 8sy
Il W the trai tst
81 char;cs 8. Fishburnc to-day, the Com Com
5monwehIlh rested It's cnse ate after put
Ting o,i theG Gonls Wit ncss to- any 20 rtion n
the trug y5and the defense put on cd ed
nard VII, stone. brot Y t q tlsh-
3purne, to tell what 1'shburnc tod INN s1
about at. wa
s rho juryi Judge Aiken, counsel and .tl1 thc
prso nor 5vislted the home thls t'
morning rhc prisoner was as cool iln1 ana
collected as ever Eor good portion 3ot
tho timc I'D stood at gate here ile
gaya Dr. his death blow ana he
rc.,nr,ait,dcr Of the limo he was on the il''5
porch. Tho jury Gro x also sfo WI tiies
residence ot Iishburne, and n l1at V OF nus, nus,
sbrot berlin Law, Edward 81 one.
trho crowd 5at & court this morning was slts
tho largest yet, ard udge Aiken was W;1s
completely surrounded women spec ta-t
tors 3i. l4 s5 81 a .ey$
An Eye Witness.
@ Shortly after court open cd, NJ rs. JEd ward
nj oyIer, nm eye witness, the only one who
Witnessed any part he ira Eedy % 71 tner
than the prisoner test fled. . $ no stared M
that she and her husband had been \ on "a q
drive Ennd#after their et1irilG i hoHic, 81 she
saw FIshhur,l4 90 to the 4 cfcw rcsld
"a. Few minutes later. as she started $stlI,
the steps OF her hone. s he stated TINT she
s,l ~ The two gentlemen stcp of tllc5 porch
coming toward Il tile gate he stW IN en-
u reached the gate ingldc nnd were st tAHd- 4
ing nerc sha wa lkcd mp her st cps and
3la d gone Ii bout three or four q rds. 81 g
wts walking back rds 4 and hey y,ere2
insidosthn yard. ~ hen che turned and ~
walked up he steps nd ltetts turned " I
around and glanced nero the tree E, ~
hoird wa IL, and 11f few v on the;
inside ofS the gate. NJ i. Is shhurne nut his
and on the post En- She loo kcd aa va 81 ind Nd.
then glanced back Sn nd p t...s5tI tsfesvl
5Whirl around ana $ tart to- run from Ks he
te to Ills porch. " " rhen iio was q bout,
itlire,, yards away ie monned and Ssai ID :ss
my Coo, ,','sSnnd iIl another breath, he he
;pail Murder
$5 Mr.. Tishburpc leaned down at the gallt e,
and then went In and wen ynlmosts np p,s g
tho porch, and t hen II turned and an1e
back out and went down the street, Irs.
}I.efew hen ran RI out screaming 81" : 1" stop
4 that t man! IL Stop8thnt man! IIc has Ilur-
dered ny husband. 1Ie las killed r my
husband !'''8s3 ,4i5s N 4. l8I
Mrs. Moyler ran ont OF the gate and
went out and caught Mrs. re efeE by the
hand, and led her back TO the ga e.
Again the Knife Blade.
$i ,;i Ior.9 r. i. Iowney, the physician no
performed tho Auto topsy, was 4 ho$ mex wit
ncss. His Testimony agreed witt x hat OF
other physicians,f in regard to the depth
and width Of tho W Round e tai Ting that q the
minimum length Of the bladc OF tho knife
WAS 3 1-4 inches. a, i SS M s5
Thomas Couch testified that lie was y a
member Of the3suna club o which Dr.3L Les,
l!feyySwas a. member, and that he deceased
weighed 4 s5 pounds. and was pro badly
moro than five feet II; six and tt one-half
inches. 34 & :is ~ ~ Il B VA
S The prosecution here Vested Its case. 5ss
For the Defense. III
John jennings, ono Of the boys who.
were With Victor Lefew when tioi WAS att
tackled by Fishburnc, and had been suns
3moncd By the prosecution. was the first
witness called by tile defense His owl
dcnce did not differ materially with that
OF tho other boys. Z. n III .ss III
Tho next witness WIS edward r.. Stone.
Of IrisAburnc, no L tnsti
fled that ha SAW the acouE cd on tho
evening OF tho Goth OF October. IIo WAS
Passing tho corner a I Mr., a Lex. Johnson's 81
1 on C Commerce. Street, and saw him coming
in Comlnercn Street. about twenty or
twenty-five feet from tho corner, F He
noticed very decided rcd marks On his
left check bone, and also that his left
eye was considera b ~ sWol len. AZ Ss;5g
4si1 Iie frat started down to- DR.. II I4efew's
with him at his request, lie then started
with hin, to look for his wife, There
were several red ma rks OH the 8le ftj sldas
of his face. which wa We ryS much sw wollen,
and there were mark s ZIP and down his
cheek bone, r They were separat to and 1
8 sbc$lnndc with$the knuckle Of tho fist ..{s
He had heard about pr, I4efew's being
hurt Mr.. Irshburne had told him himr8
self, Ia had not dons anything to- on use
these; remarks while hc MAS ith lin1,E
md no ono elss llpd. n Fl saw The knife
iD his hand, hut ilil net examine IT, ltl-S5
scnlly. This was within two minutes cs fterS
5lle first lw him, and he showed ttsat5 his
request, and 1T was shut Int the time
lIe did not open5it; ither did F'lshhllrae;$
hut he nut It in his pnck et Ho looked
toward 'thpE I,afew res sidsnca and saw the
crowd gathering. and ! t WAS then, be-l
tween five minutes to and tlve minutes
after 9 o'clock. e. \, ;{i 1, Il is 55 M
MI What Fishburne Said.
\ The defense then asked him what Fish
burne had to say in regard "a what hap-j
rened at3the I.efeW home. The prosenur
4 ton object sd to tho ndnltss! s!o,,g OF such
Testimony, and there was a lengt ny ar
Z gunent by COUNSEL Court look a. recess
and when8,it reopened Judge aiken tnll-S
snouneed that no had decided to admit
che statement made by Fishbugne, ME-
stone tcstlaed.I IIc said when he
saw F'ishburne the latter asked him tn
ahelp Iiinl get al d dontor 4 nd go down to-
hi. IsefeW's place With hInl,''''>I n ie asked
him what Was tlleimatter, !, and y, ne saea
\ ia had out him. lIe vent on to say
4 that boys were calling to aim and
that he Whipped one of the boys, He,