The Columbia herald. [volume] (Columbia, Tenn.) 18??-1935, 1908-09-04

), cision on yesterday In which Il
g Judge had ruled as incompetent stat
j ments made by the defendant on Il
/ night Of the killing after he had lie
t the pool room. Mr.. Hatcher argue
: that the Court had in a civil case al
, mitted declarations the day after tn
facts which we're the basis of the SUI
had been developed or occurred. Nj
Chandler followed Mr.. Hatcher an
contended that the evidence brough
out from Jack Cranberry as to defend
ants statement after he got hom
while not directly responsive to tn,
States question yet this answer wal
subsequently adopted by the State
and the State is bound by that answer
the word having practically been put
into the mouth of by counsel for the
State 1t is as much in the record as
! If it had been brought out in direct
manner by the State. Mr.. Chandler
continued to argue the Wilcox case
approved by the Supreme Court, but
Judge Hart asked if in that case the
question of defendants being intoxi-
Gated at the time of the killing was
not involved. The counsel admitted
this, but said that in that case the
question of insanity was also involved
and subsequent declarations made by
the defendant were admitted to show
the State of mind at the time of the
killing. Mr.. Chandler argued that the
defense wanted to have admitted in
evidence statements made by the de-
PENDANT shortly after the killing, after
he had walked about two blocks from
the place of the killing. Judge Hart
recited the facts as they developed in
the testimony on yesterday The |
State insisted that witness answers
we're not responsive to its query and
lence is competent to show the mem
lie should be ruled out Now counsel
or defense insist that all this evil
al state of defendant at the time of
nd prior to the killing. The court
i'd not think that the Wilcox case
yas parallel one with the case at
ar. In that case the defense in
listed that defendant was insane from
ne constant use of drugs. Referring
, he ~ Hxy hn
upreme Court the court also drew a
In the case at bar the
had killed the deceased and
ad emptied his pistol into his body, !.
vo of the shots being fatal. Either !.
these wounds would have been ia
i. Thus the res ,justae was completed. !.
/ this case subsequent statements
ould not throw light on the question. :
he court doubted if the declaration
defendant at the time mentioned !,
ould in the statement demonstrate
neither or not it would throw light
/ the question of the state of mind
defendant at the time of the killing. 81
he Court did not think SO and held G.
at this evidence could not be ad n
tilted. a
w. A. Irwin. D
The jury came into the court room 81
IL o'clock and w. A. Irwin was g
lied to the stand. Witness was ex-
ed by Judge Anderson. Witness W
res at Mt Pleasant. Is the registrar ca
Mt. Pleasant. He examined the W
gistration books which showed that II
:. M. Long registered March 10, 1908 II
the age of 81 years. Witness saw |
'ceased vote in the primary for n
unity officers In April of this year. Z
ing was registered as living on F
lurch street as a book-keeper. tc
Cross-Examlneu 81
BY Mr.. Smiser, witness said he was 81
It present when Long registered; y
at he was registered by the other pl
gistrar, but that he did see the de- W
ased when he voted In the legalized II
imary. pl
Tom Fetter. al
Tom Fetter was the next witness. Il
g was examined by Mr.. Hughes. !
itness was raised in Louisville, Ky. II
e now lives in Maury county, has ia
red here four years, being engaged M
the concrete and phosphate busi. W
,ss. Witness has lived two years at VI
t. Pleasant. While there he was 81
ming phosphate for the Federal hi
lemical Co., and then went to work hi
r himself and mined up till the time ID
the panic. CT
While at work for the Federal &
iemical Co. witness knew Washing hi
n Long, who worked for branch OF 90