The herald and news. [volume] (Newberry S.C.) 1903-1937, 1909-02-23

will be held in reserve for rcbuttal.
The defence has not issued a sum-
mons, but says its witnesses will be
present without court process. By
not issuing subpoenaes, it prevents
, the State from knowing its witness
ses' names. The only incident of to-
days testimony was the States at
tempt to prove by implication that
the pistol holster found in the dead
senator overcoat pocket was put
there by one of the attorneys for the
defence, when, a few weeks ago, he
went to the morgue and tried on the
overcoat. Two witnesses testified it
was not in the pocket when the sena-
tor was killed. It was found in the
pocket by Gen. Washington, Of coun-
sci for the defence, when he tried on
the overcoat.
Found no Scabbard.
The first witness today was Finley
Doris, a member Of the undertaking
firm which embalmed Senator Car
mack's body. Doris said he examin-
ed the pockets of the clothing Of the
dead man the night Of the killing and
again at the request of the States at
torneys before the hearing for bail.
He was positive that he searched
each pocket. and that the scabbard
was not in the overcoat pocket when
the body was brought in, and was not
in it at thte time Of the application
for bail.
HAS any one else examined the
clothing?"
Eyes, sir. Gen. Washington and
Mr.. Meeks, counsel for the defence,
examined it, with my CONSENT
"When?"
"Since the application for bail. -
"Can that holster be crumpled up
and concealed in the hand7"
"It can, readily"
It will be recalled that W. e. Jones,
the embalmer, was recalled late yes
terday and asked by counsel for the
defence to search the dead mans
overcott pocket and tell what he
found. He produced the small rub
ber holster, to his evident astonish-
ment, for he swore it was not in the
pocket the night Of the killing.
Gen. Washington cross-examined.
The witness said the article was
rubber shield worn ON the end of re
volver ITO prevent the barrel from
wearing the pocket. Gen. Washing
ton was going more into detail, when
Judge Anderson, chief counsel for
the defence, leaned over and evident
ly disapproved, for in the middle OF a
question the witness was excused.
Attorneys Examined 0Vercoat.
William Murray, bookkeeper for
Doris, told how Cen. Washington
and Attorney Meeks examined Sena-
tor Carmack's clothing a few days
after the application for bond.
"They came in and examined the
clothing carefully and Gen. Washing
ton put on the overcoat. He turned
slowly around and put both hands
into the overcoat pockets. Suddenly
he drew out his right hand and this
scabbard was in it. what is this
thing?' asked Gen. Washington, hold
ing the scabbard out to me. 1T Is
pistol soabbard,' said I. Neither Gen.
Washington nor Mr. Meeks seemed to
know what a scabbard or holster was
until I told them," and the witness
laughed sareastically.
Gen. Washington again eross-exam-
ined and made the witness say:
II am satisfied you had nothing
in your hand when you put on the
overcoat. -
Mrs. Eastman, when on the stand
Yesterday, testified that as Senator
Carmack reached for his revolver
with his right hand, he turned his
left towards mis- right side. She also
said that the revolver came out bar
rel up. Gen Washington tried to show
by rthe witness, Murray, that If this
holster or scabbard were on the re-
volver barrel it would look like the
handle of a revolver, and that it was
this scabbard on the barrel which
gave Mrs. Eastman the impression
that the gun was inverted. The State
objected and the court sustained the
objection.
Policeman Testifies.
Patrolman Robert Vaughn, the ar
resting officer, told how he heard the
shots and ran to the scene. He saw
the body and was told that one OF the
1 lid ri on n