The Hattiesburg news. (Hattiesburg, Miss.) 1908-1917, 1909-05-28

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vious Identification testimony. The
defense entered objections to this
line of testimony as not being in re-
buttal and noted exceptions.
AS Coroner Farley left the stand
District Attorney McLaurin said:
THE state rests" please your
honor"
Court was adjourned till 1870 in or
der to permit the counsel for the de-
tense to consult with their witnesses
before the court reconvened.
Afternoon Session.
When court convened in the after.
noon and before the jury was brought
in, Mr.. Conner for the defense an
nounced that he had motion to make
Motion Overruled.
This motion was to exclude all tes-
timony already offered by the state
with a prayer to the court for in
structions to the jury. The motion
was overruled and the taking of evi
dence for the defense begun. Jailer
Tom Giles was the first witness called
Mr.. Giles Called for the Defense.
'Mr. Giles do you remember ever
seeing Mckenzie in the Jail since Mi,
Crosby has been in jail?
mo- SIR"
1 n n
have a private conversation with the
prisoner?
81 did not"
did you and Mr.. McGilvray ana
Crosby have a conversation and what
was this conversation?
Objected to and objection sustained.
Cross Examination by the State.
On cross examination witness said
he was not at the Jail all during the
day and Mr.. Mckenzie might have
gone there when he was away. The
witness repeated that he did not re.
member ever seeing Mr.. Mckenzie
at the jail.
The purpose of Mr.. Giles testimony
was to contradict the evidence of Mr..
| 7. H. Mckenzie, who testified before
noon that he had a talk with Crosby
in the jail, and was alone with the
prisoner at the time.
Somewhat of a sensation was de-
veloped in the Crosby case in the
early night session of the trial. Dur
ing the examination in the presence
of the jury of Jailer Tom Giles, the
legality of the admission of Crosby :
confession to the jury arose over a
question to witness Giles as to whetn-
err or not Crosby had made a voun
tary statement to the witness.
The last witness on the stand prior
to the calling of Jailer Giles was
Coroner David Farley. He had
been called to clinch the identification
of the dead body found in the wood
as that of ]. S. McShans. Coronei
Farley had brought with him the
skull which he said had Teen fouui
within about ten feet of the body. HI
exhibited the skull to the court ant
jury and pointed out its crushed con
dition. The witness also testified a.
to finding keys and letters in th'
pockets of the clothing found on th'
no ial ms ri chnty
ing they were the property 0; Nc
, Shan.
On cross-eXamination Witness Fair
ley admitted he did not "hnow' tina
the dead body was that of McShan eX
cepting by the circumstances and fc
the same reason he did not know
that the keys and the letters had no
been put in the clothing On the body
He admitted that this could hav
been done. The witness said he di
not know" that McShan was dead
except by surrounding circumstances
Witness, on cross-questionlng said h
did not know where McShan il
He did not "know" that the skull
belonged to the dead body. lie VII
satisfied though that it did
JaiIer Tom Giles.
The next witness called was Halle
Tom Giles, who has charge of tn
Jail where Crosby is confined Earl
=. r To,
the states attorney put to him tn
question:
did the defendant, while in yoI
charge, make any voluntary statemen
to you"
The defense objected and the Jun,
was retired from the court room tt
hear evidence on Crosbys confessions
in the absence Of the jury, in orde