Gainesville daily sun. (Gainesville, Fla.) 190?-1938, 1909-05-08

Tom c. Nixon. and that transcript as
testified 20 by Tom Nixon was cor
rect.
Cross-examination: Defense asked
witness II she did not retire from the
court room during a portion OF a
part OF Mixon's testimony N thir
habeas corpus proceedings. q which
she replied in the affirmative.
State moved that transcript OF Mix
on's testimony be filed On evidence
Objection by defense on grounds that
transcript is not complete.
There being no objection on the
ground that II is not the best evi.
dence. objection overruled, with per
mission OF defense TO object 10 any
testimony not admissible in this case.
Defense asked witness II testimony
after being transcribed, had ever been
submitted to approval or signed by
Tom Nixon. TO which she replied
that Il had not, 20 her knowledge.
Attorney Stripping asked for notes
OF transcript OF testimony of Tom
Nixon at the preliminary bearing be-
fore County Judge Mason. to which
State Attorney Rivers replied that he
was not present az the preliminary
being represented by Attorney Evans
Halle. Attorney Halle informed the
court that no notes we're taken OF
the testimony in question at this
hearing.
Attorneys for defense retired with
transcript. and made exceptions. re-
turned document. part OF exceptions
being sustained by the court, and filed
in evidence.
W. 9. BrOoms
was present az hearing OF habeas cor
pus proceedings In which Bexley and
Osteen we're petitioners and heard
evidence Of Tom Nixon. Said that
Nixon testified during the absence Of
the court stenOgrapher. who had re-
tired. that he had gone TO the point
where he was standing when he saw
the men. TO meet a woman. Witness
thought that was all Nixon said dur
ing the absence OF the court stenOgra.
pher.
Was that testimony reduced TO
writing" asked the prosecution.
Il am quite sure 1t was not" was
the reply.
The State Rests.
AT $3.50 o'clock Attorney Rivers an
nounced that State rested.
Griner recalled by defense. Knew
Tom Nixon and saw him about folr
minutes before the report Of the
shooting ON July %. MiAou was In
his market. Nixon pulled on his
shoes and said ne Was going 90 bed
Nixon appeared to be- drinking Knew
Nixon we'll Was not a man Of poor
eyesight
When asked why be- was so posi-
tive that only about four minutes be-
tween the time be left Nixon and
the time he heard report, witness
replied that he looked az his watch.
and knew.
Did Nixon afterwards show you
where he was standing when he saw
the shot?" asked the defense.
"Eie did. replied the witness. who.
BY request. designated the spot by
the map
Where did Nixon say ne after.
wards wpnt?'
To which the witness replied that
Nixon said be- returned 10 his mar.
ket
Witness said that Mixon's reputa.
zion was bad. and that he would not
believe him on his oath.
W. =. Brown
and Night Officer Griner left Mlxon's
market together. Saw Nixon and
Nixon appeared drunk az market
Went 10 the cotton warehouse with
him. When they got 20 the ware
house they heard shot aud went In
direction from whence shot came
and met r. -. Goodwin, and the three
found the body of Moreland lying ou
the ground he then went after Mar
shall Bryant being requested 90 gJ
after him by Mr Griner Afterwards
made test OF walk from MiXon's mar
ket via the warehouse and 10 an,
spot where Morcland's body va.
found, and Il required siX minutes
Louis Bartlett