Evening star. [volume] (Washington, D.C.) 1854-1972, 1911-02-07
SAYS SHE CURSED HIM
Declares Revolver Was DISCHARGED
in Struggle for Its Possession.
JURY MAY GET CASE TONIGHT
Defendant Denies Statements At.
tributed to Him Just Before
and After Tragedy.

on trial IN Criminal Court No l. before
Justice Wright and "A jury to answer an
indictment for first-desree murder in con-
nection with the death Of his wife today
testified ir his own behalf The case may
go 10 the jury late this afternoon.
Il never intended to iniure my wife.
declared the defendant. "aud was very
sorry when ! saw her lying prone on the
ground
Proceeding, lie testified that immediate
ly after he returned home on the day OF
the homicide his wife cursed him and
asked what was the matter with him.
What do YOU mean?' isaston said he
inquired OF his wife. - - IL, you
know what | mean. We're the words o.
the wife the witness said.
II will give il this pay envelope To-
you after a while" Baston said he told
the wife, and when this answer did not
quiet her. he said. he left the house in
order to avoid trouble.
Followed Him to Street.
After going up tho street and standing
on the corner of 3Otl and NJ streets a few
moments the wife rushed up behind him.
slapped his cigarette out of his mont,
and. applying vile epithet TO him. again
lope.
The defendant said he told his wife to
hush and go home and not create a sceua
in the street. Instead of doing
quested, the defendant stated. his wife
thrust her hand into his hip pocket ami
grasped his revolver
In order to keep her from shooting him
BaSton told the jury. he grabbed her
hand and a tussie for the possession or
the pistol enSued During this struggle,
witness said. the gun was exploded five
times. two bullets going Wild. one per-
ferating his hat and the other two. lie
said. must have found lodgment In his
wife's head.
Baston stated that his wife did not fall
until the last cartridge exploded. Seeing
ner lying on the ground. the defendant
said. he was almost overwhelmed VITA
grief and sitting on his doorstep. he held
his head in his hands until his arrest.
Contradicts Testimony of Others
Baston denied that he had Uttered ths
exclamation. Kate. here goes" just be
fore the firing commenceiy< He also dis
claimed having told Policeman Iipseomh
that he had fixed it, but made bad
job of his attempt to take his own life.
The defendant told of frequent auarrels
with his wife. and described her tempe:
as vile and ungovernable.
When cross-eNamined by Assistant
United States ttorney Turner the de-
fendant made an effort 10 re-enact ths
scene of his wifes alleged struggle 10
get possession of the revolver.
He admitted that he and Officer Lips
comb. to whom he had made an ALLEGED
admission Of an attempt at suicide. were
friends and that he knew of no reason
why his fellow-officer should have 30
testified
Mr.. Turner secured admission from
the defendant that he had signed a
resignat ton of his position on the police
force and had assigned as reason that
he had fired pistol in public street
Saw Wife Approach Him.
Robert Is. King, twelve years old. tes-
titled that Immediately before tile shots
We're fired he saw Mrs. Baston rush u,
to her husband. and utterug an epithri,
slap the cigarette from Bastons mouth.
Numerous witnesses testified to the Rooi
reputation of the defendant.
Justice Wright Sustained objection
of Assistant United States Attorney Tur-
ner to the offer by the defense to prove
threats which the deceased was alleged
to have made against the life of TIE
defendant The court held such testi-
mony unadmiSsible, because no claim OF
seif-defense had been urged 10y defend
ants counsel.
After discussing the instructions 10
the jury. the closing arguments OF
counsel were made to the jury, Justice
Wright may reserve his charge until
morning, ii the arguments are e1-
tended: otherwise the case viii be sub
mlIIed late tlIS dlltlllooiI
Stories by Eyewilnesses.
Tie eyewitness who testified for the
yesterday were Mrs. Mary
Z. Striegntz. sister III the deceased: Ms.
Mary Hurley. Howard King, Gibson L.
and Alonzo 7. King
Mrs. Striegnitz said she was i'm the Bas-
ton house and heard Mrs. Baston ask the
defendant for money. Defendant who
showed he had been drinking. gave her
no money AfterWard the policeman, sna
said. left the house while the wife was
upst airs. Mrs. Baston, when she discos-
cred he had gone. followed him up the
street In very few minutes. Mrs.
Striesnitz said. she was on the front
porch holding Baston's baby and saw the
couple returning to the house
When three or four doors from thu
house. witness testified. the defending
drew his pistol and shot his wife.
The woman fell after the second shot,
She declared and the defendant shot &C
her as she lay the sidewalk. witness
said she then flash up near the de-
head.
Mrs Hurley told the jury that she was
sitting on the steps of her home opposite
the scene Of the homicide. She saw the
rouple walking down the street heard
Isaston say. Kate, here goes and them
begin shooting.
Boys Heard Cursing.
Howard King. a boy, heard Mrs. BastoL
abusing and cursing her husband along
he street and heard the shots. The wit
less dodgej behind a tree and did not
see the shooting.
Another boy. Gibson r. HoilnSsworth,
eStitied that he saw the shooting. lie
said Baston and wife were walking alon:.
he street and Mrs. Baston was calling
her husband names. Witness said he
saw the officer draw his pistol and begin
shooting. The boy said lie saw and heard
i've shots.
Policeman T. b. Lipscomb. who made
the arrest said the defendant on the way
to the station remarked. pointing TO lis
head: That is where ! tried to fix my.
self, but l made poor job OF it..
Says Wife Made Threat.
Mrs. William King. who had been sum-
noned by the prosecution, was not called
10 testify for the government The dc.
tense placed her On the stand as its hrsc
witness She said: Il saw Mr.. Baston
20 up the street. and saw Mrs Baston
Some to her door, and heard her yell.
can go up there, too She followed.
Thev returned a short time after, and
heard her curse him.
..The woman rema rked, i will kill you.
will, 1 WILL said the witness, and
hen the shots rang out,
Witness said she could not say who
ired the shots.