Amarillo daily news. [volume] (Amarillo, Tex.) 19??-current, 1912-09-25
The 18Th OF August.

tAhl tfti ihf Juube tuerf tnc manner
Ct their leaving and how they went.
who went and what went describe
ira, 20 the court.
Mr. Odell Hold on.
Mr. Mclean: II the court please
! expect 20 show might as well
state II now. that Mrs. Rogers com
municated-told sneed every act that
] am now trying 20 prove by her. She
viii testify 70 II before this court.
the court may ask her the question
Mr. Odcll: We object 10 this par
cular question because any act o.
he defendant IN leaving there would
a self serving act and declaration
on his part and one that he could moi
.nterpose or offer In this prosecu-
lion. especially AZ this time ne a de-
ienslve matter 20 the crime with
hlch he II charged.
Court Overrule the objection
Mr Odell We except.
Mr Mclean: Just tell the court
there and speak loud 30 an these
lawyers can hear u how they loft
md In what manner they left
a. Mr. Sneed left there BE- tool
the children away one afternoon just
after lunch and In the meantime Mrs
snecd left the house and went down
she came upstairs and told me that
Mr.. Odell We object 10 What
Mrs sneed told her AZ being hear
say.
Court: You need not state what
she told you.
Mr. Mclean Don't state what
Mrs s'necd told You a. present
A. She said
Court Don't tell what she said
Mr Odeli Don't tell what she
slld
Mr Mclean Don't toll what she
said Tell tho court what she did
d'd she leave the house.
a She left the house
q Who was the next member az
'or Mr snccd carried his two child
rem away after Mrs sneod left what
fas The next member Of the family
that you saw?
a Mr. snoed
@ Where was Nr snced when
ro1 saw him
4 lie was down Ia tho hall
Q Now tell tho court what con
verFa'ion, n any. happened between
ro1 ana Mr. Sneed when he returned
Mr. Odoll. We object 10 any con
yersa'ion had between this witness
ma tho defendant; there ls no pos
s.ble theory % law under which this
becomes admissible or per
..nont M this particular time Under
the Indictment IN this case the de
foudart rs charged with the offense
~ murder and tho state has made lts
case before any testimony can Boz
offered In this case even II II be
srught 10 reduce tho homicide from
Tho degree % murder 20 that % sew
0nd degree murder or m1ns'aughter
.ny COMMUNICATION made 10 him with
ference to>the conduct OF his wife
or his family with someone else could
only Doe offered by him ls IN mitiga-
zion Of punishment for the crime
of which he IS accused In tho event
Do acted on n M the first meeting
tifh tho deceased That ls one prop
o1't'on We make. Now that being an
established principle Of law, of course
y may be that sometime later IN the
-orsediur iheso gentlemen may sly
nd make the connection so rs from
hc'r view point 20 make the testi-
m0ny admissible. but under the
.ta'o.s views ~ this case and from
1rr view point Of Il we DO not be-
Hoye 10 rs ever golng 90 be admis.
.ib'e and We ask the court 10 protect
rs On having them first lay the pre-.
d'clte 10 show the admissihlllty OF
ho evidence and tho foundation up
rr which they propose 20 Introduce
u
Nr Ncieou. Itrint yor .~o cor.
rect. Senator
Mr. O1cll And The foundation
mon which they propose to deal with
tho evidence.
Witness withdrawn
Vr Mel can. We eypec, 10 show
hy his witness that on the 18th day
of August prior 10 the iith day Of
S.rtomher .hc then md there com
r7Ioatod 20 Real Snecd upon his
l.ay ne his Dallas home that Al
poyce rad been there with his wife.
That was The last tiwe she saw Beal
sneod and that was Just thirty-one
vs before he killing.
Nr Oder Well even n they show
'af y1ur honor. they DO not bring
.o. selves Within 'he rule OF any au-
.r'tv that has been laid down for
|e admission Of evidence OF this
t'r' Tho happening of tho incident
20 which u is claimed tho witness
VIII testify having been 81 days prior
20 fho commission of the homicide
ba authorities hold n 20 DO an evil
donce % malice and not The evidence
% justification on which one can
either predicate a case OF SELF defense
or OF mitigation 20 murder.
Court 7 cannot control the order
q The testimony they have a rlght
20 Introduce 'he testimony IN any