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==Several Witnesses Were Examined This Morning.== “The first witness for the prosecutions was E. A. Norvell. He stated that he was a United States Deputy Internal Revenue Collector. He never knew T. E. Patrick (Thomas Eliphas Patrick). He produced papers in proof of his statement that on and before October 7 last (1892) S. D. Mather was a Deputy Collector, and that Jos. L. Spurrier and Creed S. Cardwell were General Deputy Collectors. He identified a report of a seizure of brandy manufactured by T. E. and A. J. Patrick made by J. L. Spurrier under date of August 22, 1892. He identified other papers of a similar nature which the prosecution will produce as evidence at a future date. The three officers above mentioned and T. E. Patrick were now dead. “The jury was ordered to retire while the competency of the dying statement of J. L. Spurrier was argued. “Dr. T. P. Crutcher was placed on the stand. He stated that he attended Spurrier during his last illness. He told Spurrier that he could not live, and at the latter’s request sent for the Federal Grand Jury in order that he might make a statement before them. On his last day on earth Spurrier reiterated the statement made before the Grand Jury, to the effect that he recognized beyond doubt one of the men who formed the ambush in which he received his death wound. He made this statement knowing to a certainty that his end was near and after he had told his family good-bye. “The Court saw no reason why the jury should not hear the evidence and ordered them to return. “Witness then went into an explanation of the wound, and said that the patient was in clear mind all the time after his wound was received. “At this point the defense undertook to prove that a dying statement was incompetent evidence in this case, when the charge was not that of murder, but conspiracy against the government. The Court overruled the objection. “Witness continuing said that Spurrier had told him that he recognized Andrew Patrick as one of his assailants and saw another man, but could not determine whether he was a man named Cooper or James Epps, as both live in the community and very much resemble each other. “In the cross-examination defense undertook to prove that Spurrier did not think he would die when he made the statement. Witness stood by his original statement in the main. “J. E. Jones was the nest witness. He said that he was foreman of the Grand Jnry (sic) that visited Spurrier and that they took a stenographer with them. He thought Spurrier was a very sick man at the time, but his mind was perfectly clear. “J. P. Galloway said that he was stenographer for the Grand Jury and he identified the statement under discussion as the one taken by him. He said that it was absolutely correct. “Peter Tamble and John C. New, both members of the Grand Jury that waited on Spurrier, were placed on the stand and substantiated the statements already made. “After argument by the defense Judge Taft, in a rather lengthy but concise opinion, decided that the statement of Spurrier was both relevant and competent. “Court adjourned at 5:30 o’clock.
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Trial of A J Patrick, Morgan Petty and James Epps
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