The Mathews journal. (Mathews C.H. [Court House]) 1903-1937, 1911-07-27

Auto is Buick. Could see an OBJ
struction $50 feet ahead OF car.
witness is cool and collected and so
Tar has not been swerved from his line
OF evidence. Witness saw no one i'm
road until he encountered the man al
legged TO have fred. Looked straight
ahead. but to neither side.
Attorney Wendenburg at this juno
ture took a hand I'm the inQuisition.
| In reply to a question from the at
torney witness said he went possibly
four or five miles up Midlothian Pike.
OlH NOT see an auto coming back.
why. ~ >"'''
Because l was flying" was the an
swer. Was going at about fifty
miles an hour with wife's dead BODY
Was about twenty-five feet from
came out into middle of road. from
eft-hand side. Witness was not sure
oelnE. but shut down brakes as a pre-
.o, ~DC YOU mean to say that you
lect was man or not at Twenty-Five
feet? Attorney Wendenburg asked.
! witness said that il is hard TO distin-
this distance. Witness. arising. illus
Srated The point at which the man
STOOD $1,000 oo Position was about 1--WE feet
left wheel and the left side light. Car
Is equipped with front. side and rear
lamps. Man was not directly i'm front
/ OF car. out TO the left.
Gouldnt YOU have passed on without
SSIrlking him II he was to one side?''
Witness said he didn't know whether
ne could or not, evading a direct Ques-
why didn't you go on about vour
business! 1t is perfectly plain that at
distance OF five feet YOU could have
passed without hitting him." the attor-
Witness declared that he stopped car
not 50 much because he feared that he
siuon in side OF road, but that he
aSareu ne would attempt to cross ahead
The man spoke arst. His words
nave already been recorded.
Advanced McnacinSIy.
In later statement witness said
that the man was advancing up road
towards car.
What did he say when YOU said.
NO you didn't intend to run over
him, but ought to?" Wendenburg
He advanced towards the car
menacingly and said, Stop. or I'll
shoot you, pointing the gun towards
us. Almost without a moments hest
tation, the report followed and the
young woman fell forward"
What was your wife doing during
this Conversations"
Sitting beside me-"
Did she say anything?"
What did she say when he threat
ened to shoot?"
Nothing"
Did she not make some outcry?"
NO"
Witness did not know in what di-
rection his wife was looking. He was |
looking at the man and supposed"
she was looking in the same direction. |
witness denied a statement he is 1
credited with making to the effect |
that, owing to the chill air, his wife |
asked him to turn and go back to the
Owen home.
Spot at which lights were fixed was |
at neither of the spots where blood I
stains were found.
A member of the jury wanted to
know II witness threw in the /
clutch" and the man fired at the
same moment.
Reply was in the affirmative. AS
soon as report sounded he closed |
clutch or put on brakes. Car went
Its own length before il stopped
Man appeared dumfounded or
surprised witness declared.
say?" 0'O 9''9
Nothing"
NO"
What did she do?"
She lurched forword"
What did you do to aid your
Il jumped out of the car"
know; but didn't you know your
wife was injured"
No"
Isn't it a mans first instinct to go
TO his wife If there is any probability
that she might be injured?''
Witness did not think of this cir
Man had hold Of barrel as wit
ness grabbed the stock of the weapon
Man raised gun, but witness did
not know how.
Did you know il was a single-bar-
relied gun when he fired?"
No"
Wendenburg doubted if il were pos
sibie for a gun to be brought down
as described as witness, TO be checked
In Its downward movement and hit
witness as described.
After wrestling gun from the man
ne Tell, and, regaining his feet, look
ed for the man, WHO had disappeared
AS soon as you captured gun you
were satisfied and let him get away,
ala YOU Wendenburg asked.
Explain what you mean by salts
fed, witness demanded.
why didn't you capture him? ?"
Because he had too great lead"
witness replied.
Witness threw gun in back seat and
went to his wife.
Selling the gun, witness illustrated
the struggle between himself and the
man.
Were you near enough to the man
10 seize him."
Il suppose so, ut 1 was watching
the gun"
DO you mean to say that this man
was desperate enough to threaten to
shoot you, desperate enough to kill
your wife, and desperate enough to
stand and attack yOu?"
Witness thought the man intended
to fire over their heads, and that the
fatal wounding was accidental.
If 1t was your purpose to capture
this man, why did you not continue
the pursuit? You knew there were
other residences in the neighborhood.
Because / thought OF my wife"
The attorney wanted % know why u
he didn't think OF his wife when the
man first fired.
Because it was my purpose to cap
ture him"
why did you abandon the chase if
II was your determination to capture
him?"
ION account Of my wife"
What provOcation did the man
have to kill your wife,"
None"
Smith objected to what he consid-
cred the third degree"
1t is nothing short Of gruelling,"
- L 4.