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CO!lL .0!117
•~al th
Vs.
Haximilian
Hirsc:1.
I· U D E X
co1c.:ouwEALTH.
v itnesses
Page
~m~n Ioaacs,
Mrs.
Firebaugh,
Dr.
Ar.Jentr'Jut,
1.
J.
MrR. Gertnv"..e
Mrs.
Artnur
Tutweiler,
Hirsch,
V. L. Ba1...1gher,
Mrs.
Arthur
Lupton
Mrs.
v.
DEli1EN DANT •
Kaylor,
Beaur.
Dovel,
L. Baugher,
recal
Lt.:r1.,
Dr.
1.• T. Burnhr->:fj,
135
19
Dr.
w.
142
32
Dr. D. R. Gooi,
35
D.E. Crm .Rehorn,
Morris
A.
Spiro,
• L0
~wner,
oodson,
R. L.
D. E. crousehorn,
Croomer,
Jennie
Isaacs,
177
warren,
178
181
73
w.
185
91
9_ s
E. Snell,
Lessie
Hirs
h,
183
D. E. Crousehorr:,
recalled,
98
A. l. Si7artz
1
Leon
103
Maximilian Hir8cb,
107
191
194
,
101
Hirsch,
196
Def eI,dant
rested,
202
226
108
Dr.
D.
119
Dorsey,
129
D. Davis,
recalled,
132
C 0!Ilr.lonv7e3.l th r,·~-st s
153
I, a:3.c Hawse,
114
Web '.icGlaughlin,
Hirsch,
71
Albert,
E.
1
151
T 10:,
Claude
Joseph
Ludwig
149
70
109
Da Tis,
recalled,
Herr.a
Urr-:. McCrarry,
E.
G. Christian,
54
Branner,
John
Page
1
66
Hirsch,
recalled,
itnesses
134
135
001[.0:UV,'J~ALTH REBUT'.:AL:
Web HcGlaughlin,
rec:3.lled,
Mrs.
Nellie
Bu.regu. rd Dovel,
l"•.3Call ed,
Logal '
227
227
228
Mrs.
Mary
Hollar,
231
Mrs.
Rosenberger,
234
DEFENDANT,
REBUTTAL:
Ju11~1 Hi scri,
238
�I
"I,
J
•
t
�.
'
r
...
'
In thA 8ircuit
Court
~
of .Kocki°nghtlm ~ounty,
Virgiriia.
.J~/fl)f
Common i ~a1th
Vs).
Hirsh.
Maxim· lian
B
1
of t ,is
cause
Gomr:1on;P,fllt, 1, to mainta.i
the
.
ln
thA trial
IT .B'li;M'Pi1.lPfi'.1:fP
1J t11at upon
t Y'O<l..UCB0.. t h.e
.J
.o
J.O
]
1lOW
~
thA issuA upon itR bPh·,lf,
1. t DP,SS•-'8
W ..l1O t ('-1 +
•,l. +>
1.l• P.,;i
, l. •
g
1
i..KS. LOUIS ISAACS:
~y dr.
Examin9d
~onrad for the
Com-
monveal th:
You
Q
a:i A
Mrs. Ji'mmaIsaacs?
A
Yes, sir.
Q You a e the wido~ of ~r. L~1is Isahcs?
here?
trial
Mrs.
Q
ray,
es,
sir.
saacs,
1n
th A o c£Ju
str;rk
at
A
of this
HirsJ?
by lr.
A
night
rhich your
in
bAon cooking
the
fJr
every
ay :1,r ..'3..,,
ad
'Don't
call
had every
me from
reason
t e very
Croooer,
and the
thin~
11
th9 corner
ame aro~nd
says,
JenniA
us,
in a swing,
porch
1as trying
au
anil :
1
the
baby was VAry
war lrl. to pacify
to
day
bAl.
r~VR
this
rho .,a(':
shA
hAr, ancl
and Water
aarr:n brat.
e wnre
~ro. s a&d
"ThArA r.or.IP.., yo.i.r ncln
me Unc-le to :rn.t
as
1er out on
had taken
of German strnBt
shA 8ay
girl
1P.
O" 11
hu.bancl
On ~he 29th day of June
sup _tJer a:1r: t.hn ba b:7 ·:a~ vAry cros~,
VO
lr
tJ
11
Mox
strArlt
on
11
1v1oxQ
He
Of co1- SA, I
from thA way 1fox } ad trAatec
I was rriar:riAd.
I had F3Very · r.a!=,on :o
�' 1/,
l
'
.
�r
•
eve that
e
beR~ 1narriAd.
it
right
hurt
thAre.
me more
0c1.t,Ad
our f Ae 1ngs ver.,
Mr. Isaacs
taken
I hac gone
a d we cc1:11eba k and
he camB dor·n thA . t
· to
he donr. was the
way he
ookecl at
rne; he threw up his
to kil
me in the
struck
face
•r en is
rrre.
Q
and haf
A
first
t
h ,r , he could
get
hl?.L.e:r h8 thrmr
baLv carr1
V
thP. h 1 ~b~ 'in,
I
c1
saw
.e
1.
anr_
'J .....
.L•
have
him.
that,
folloRA.
to him ,, as to look
me or
anc
.::i O J.:> J.0 ,
8u_
icatino-)
A
~ J..,l...
t
or a club.
He th
,
and raised
~hen?
rou
to throw,
.c
and
D.d
1rew L10
rock
I don't
of
Hirsh'
s
hA ran out in
kno
hA h,.,..::i
au. struck
A
s1~e
him.
A
Whatever
the
on the baby's
A- t u
tr 1c}
kno,
struck
it
fact
th0 baby on this
an
rhat?
er:: somethi "'1.->?
'
In
I con't
sir.
a la ::re ·not
And J st as soon as - P. t
the r0a an my husban·1. an afte.r
Harris
Yes,
my ;l8baYlcl.
at
_,
as mad Anough
hR •oula
c.oser
club or so ethi.n,
ho se.
Q
t
he done , hen I s o.ke to him"J.
he~ h.l t ,IllID
. -- an d +~ A
~Iw8.
>·('\0kA
head ann she crierl. dreadfully,
was a rock
i
that
Q Then hA thrAJ something?
Q ( r.
ing,
somethin~.
hA th~~
th,~
,:1
'Tas·
1
1.,
anythi~g
my hUS
~
the
hin. and i::l8ked him what
_he f.1 rs + tl,i .,g
L.a:, ·ray.
whAn my 1usbancl struck
t.'
for
a ride,
up ~1 e qtrAet
alkin,~
lit~lA
Q
f 1 st thing
.::i 8 t eppPQ
, ~c•k a 1l,J_A
. t -1- 1
b anc1
to s .e
1
me;
tl.P. , the
i. g he done
for
pAn hand at me rea y to strike
I bABn
Cctn you statA
Nor,
<l.roppe:-1.
·e
1
+,he ho 1s , a~ . cam,
t!v~ baby
aoout
a.
sister.
a
I stopped
.,ot a.u
meant by tc'. lkin~
bn.by out
tl:,
and bot11 of us ha~ the baby
a~ain,
b t
much,
into
I havR
me since
a dog than
like
nA w·t 1 my si ..,tAr-in-la
and I had.
h
e t
way
Vffry
He treated
this
Of course
t e
fro
He
h
A.
!et A:r it
r
the house.
som.,t .in
0
•
�'
....,
•
J
..' ,,
',,
f
t
;j,_\:.
:,
�--3--
Q Was iox on good terms
beforA this
or bad tArms with
H-9 har
tirrA?
b
on b<i._ terns
,A
us ever si:.1.ce .in _ avP, b0e:.1. mar .....
ied.
,ith
hin and le said he waP doe
if
so .1hat cli
hA 8ay?
""at L"rl&y night
pay
that
~:
yo'l.
➔-
.::ieon to 1
..on 't
t.hP. laundry
night.
ind
to,.,ards
I sent
111r. Isaacs,
II
me
chec'·s
i..••
1a •
•
I sho~l~ sig
Yes II b t lrn saic:
famil
r
an
11
the chAcks
io,
and m fa the!' ·vasn 't do n t . ,r,,
da n
So
cPnts
to
I ,ame b··ck fron do\'m the
street
m
aown to t .e stablP,
o one
.10~e. n
have enough morey by a fe,
aftnr
o:i
.for 1•mJ.c1.y and after
hetter
bi=-~:0n·::t,o this
time I di n't
for
%ere married,
yo1
I thou-'Sht I hacl. =io ,.,i~_.t :o r'_o
anrl. my f1-1
th8r
your soul,
J.,1y ..
of
both
ife.
I a , ayp, sig. ed the
A
I ask0d at the taL e
aturday
ftor
. An I boup:ht prov1sioris
I was married
another
)C
or threat
·i th
us for
with
Isaacs
to makA f!'iendn
~.re triAd
Q Ha2 he, t any time shortl;
made any sthtement
~-
to af:1k'fath8r
for
it
a:!1.d.
thA ...
u0rch -lH • L
1
I ..o.1 ' t .1.h.Fto int Arr up t the
ac..y, but I don I t thi. - t} · s i!3 rAlevant ana propPr testimony.
:i ;'I :
H. CO:fru1I':
lirninary
M.K. L,'
1t i ,, not,
._
it
But
1::
ti
~•.".let' ion.
b t it
is pre-
is an imcatP.ri,
intro-
l
GOU.HT: I think the st& tF~1;1P.n t, j 1r ri-ing
fro
er re.a:i. ..J-, may A :.'AlAvant.
Rt hAr
nsw
J..
,A note
A ( Conti'1ui
papa we.sr.. 't
vith
at
g)
thA
an 8XC~ptiono
So Lf. ctnP. up thAre
stable
--
an
•
he said,"
instea<l
hat
of papa -do you
1.1c:i..t
~at monAy~--
A Mox.
·s
..e says to mP "If
L
~ ntinuino-)
paying for
I ever ca,cn
t ' yo
I
som, th1~~s,
s~ending
11
2 a1
1
1
..
a ,
a cAnt of my
ant
�I
If,
l
•
r
•
I'
�--4-money on Isa.8.cs
'· · r a .:::e short
f both of you ..
wor
0•0rrulAd,
to; objP.ction
Answer objected
and JxcAp..ion noted for
Q
I
Jill
a qu9")t10~
yo1
ash
in a leaiin:;
·+•
. +- ./-.,o 1..,
gen tl ,i:An d o no t o b JAC'c•ctd an e ual
ith
fox and LAon and Arthu
your father?
a d
Q
,e
1l
ere
, 1
. e .L
• at
from
t
1
.
ffir.J.Y'_ 1
Q 1a
A
A
Yo .1
1
you
, 1I 8
,
ea.• certainly
of it
these
ma ried?
w Are
alonp-
thA chilir
n
time?
at :hat
drar
out after
A
At
hA :1ne
you were married?
was.
a little
coming back
ask yo'.l thi
I will
latAr
at th-, time of ~his r ,port
Q
l9ast,
at
tl-ie bala'1CA of
l
Q I may be anticipating
make any threat
if
..
your int,rest
Part
ari
ill•Y'?l
-1- •
.A
form,
In youtmothe_ 's entatA ~01
or had. an interP.st,
interest,
fendant.
to him about
iv.ox?
a~ainst
but on.1y to save you
A
Did he make any effort
l-TQ
.1.'.
'
Did M:r. Isaac,
:
what hox ha<l saiil
c 1•r'
•.J
-
•
to go after
tox?
A
A About one
hundred
and twfmty-
told me, out I
Q
r
six pounc.s ,--somewhAr":}
11BVAT
1at ·vas his
.
t?
u8lg
I know I was over a hAad tal
Your heie t
4 feAt 4 inches.
Q
Q
' hat
as 1r.
S
I suppose
that
name 1s Maxim·
'I
is
. () •
s
T
II
a sort
·an?
A
I can't
A
exact_y
I don't
iV.
LL~:
You mAan five
a~e?
A
fP.Rt,don't
you?
FivA iAet 4
somewhere along there.
k:::1owAxactly.
nc ffiP, ?
0 .,v Aar s of
a'tA
,
nches,
I do 't
the
11
ever
12th
,,
'lo
o.C' n·c.·i1&me.
i.o.
vou.
,.
About
rmremLer.
A
11
tAli
er than he ~,as.
at?
Isaacs'
I •
t .P.:!."'8h,
him weighed.
sa
'h
alon?
X
I bfdii~ve
since
I
is
a,rf'.3 kno
real
n him.
o
��'.
Q His real nam0 1s
1~x1m1
ian?
A Al I rnew was
"Mox".
Q Now. t~is occurr
o Ar here on GRrn~n StrAPt,
Harrisonburg?
· A Yes, s1~.
0
Q
This di ffic tl ty in
A
'i.es,
1
sir.
.
hi c
vo .1r
"
1
Rbanc
in
as killed?
�r
•
�I
•
J'
• •
r
-
I
'-
MRS. EUMAISAACS.
CROSS-EXAHIHATION
BY MR. LEE:
XQ Mrs. Isaacs,
hear
any o:f the
about
I understand
if
su1rposed conversat-.ion
XQ All you know about
Yes,
me before.
sir,
so
me mean I might
XQ
the reason
have thought
I unclerr-:tand
that
took place
told
r1e.
that
and she told
air,
and other
you that
things
XQ And otrier
remember?
A
No,
nurse
A
that
what time
later?
bu.t none of'
--
only
told
you.r little
Ir
~hat
she
you had happenbaby?
A Yes,
10+
you tna t you do not now
in the evening
this
six o'clock
after
must have been
it
treated
sir.
six and seven
(lid she report
you?
he hadn't
If
No, sir
she told
quarter
It
told
say that,
me th9t
she had tol~
ate
XQ
nurse
was in the way he treated
it is what the nurse
tl1at the nurse reported
where bet~een
was what?
A
to -you?
A
vre gener-
must h~ve been
sone-
o'clock.
somewhere betvrnen
to you as
was that
six
and seven
soon as she ca1~1ein the house
o'clock:
or sometime
A As soon as she came in.
XQ
about
the
XQ Was it
sup~er
nurse
it.
Nox had cursed
things
XQ How, about
ally
Mox and your
different.
presence?
XQ All you know about
ed,
of that
I believed
you heard
in your
v1hat the
is
and tlle strength
That is
between
you did not
sir.
A No,
the baby?
·A
you correctly,
As soon as she came in
it,
and that
was between
XQ was your hus~and
A We were standing
XQ When that
a purpose
XQ
little
one she told
six and seven o'clock?
present
when she reported
A
it
you
Yes,
sir.
to you?
together.
vtas reported
to go after
he did not.
,;it11 the
Mox about
to your
it
husband
did he not
then and there?
A
evince
Mo, sir,
No, sir.
Did not you have
to talk
to him and Persuade
him not to go?
�. '
A
no, sir.
�r
•
1-7
--2-I
Mo, sir.
A
when they
got
together
XQ Be:fore
tltEm your
Only thing
A
You did not?
XQ
I tried
to persuade
they met that
husband
I tried
to persuade
them not
evrming you did not
not to go?
A No, sir.
them was
to f'ight.
to persuade
try
(Indicated.
)
MR. CONRAD: Miss Flossie,
head in the negative.
she shook her
STENOGRAPHER:All right.
XQ Mrs.
Isaacs,
sirnply
memory: don 1 t you remember
Mox, when the
took
nurse
to restrain
til:1e?
him,
He didn't
that
the purpose
your husband
statement
made thie
and that
start
Mr. Ed. Snell
out?
started
and. that
was present
he did
your
out to go a:fter
you underat that
He didn't
No, sir,
A
of' refreshing
to you,
xxcta:xm1t he was not •
A lb , s 1r,
XQ
for
gtart
not.
out.
He did not
say any thing.
XQ
Didn't
XQ
Did not you try
on;
11Go
say
let
he say he was going
out?
to resti-•ain
him go on 11?
him and did not Mr. Ed. Snell
No, sir,
A
No.
A
not to
my
knowleQ e he
0
did not.
XQ
A
Didn't
No, sir,
not
you turn
around
was Mr. Ed. Snell
XQ
He was not :present?
XQ Was he present
XQ
A
No, sir,
A
XQ
You did not
XQ
And
No,
sir.
sir.
kitchen
amr time that
as that
that
the baby?
at all?
him at all?
evening
A Yes,
took Place
I didJ1 1 t se
see Mr. Snell
not hear
XQ Now, later
with
A
no,
A
And no such conversation
did
up?
evening
No, siJ:>.
o:f Mr. Ed. Snell?
street
present?
in your
him to shut
did I say anything.
to rny knowledge
XQ
Mr. Snell?
to him and tell
Mr. Snell
A
at all.
No, sir.
A Uo, sir.
you and your husband
sir.
in th·e presence
were on the
�...
•
-- -)
XQ
With the baby-carriage?
XQ
That
·was on German street,
A Yes,
aas it?
sir.
J
�XQ With the baby-carriage?
XQ That
was on German street,
A A
little
the
other
above Arthur
·was it?
side
house?
1
Hirsh
XQ But diagonally
almost
in front
XQ More towards
coming?
A
Yes,
had recently
to a building,
XQ And there
or lying
out
had been
left
street
same side
been
was lying
where I live.
was your
waY.
this
of the
side-walk
into
the
there,
some building
out
street,
not?
A
in the
street
~1ite
were tl1ere
you were on?
not?
the baby was in the
S})O]Ce
to
You asked
the baby?
going
Yes,
a pile
approached.
on, or some
sir.
next
to the
of pieces
of lumber
some few pieces
A
you and your
carriage,
left
husband
I believe?
to him,
sidewalk,,..
A
didn't
that
there.
and
Yes,
sir.
you?
him.
hit'.l v1hat he meant by cursing
A
remarks
By making
XQ And you say he raised
strike
Hirsh's
:r<hwhat direction
XQ As soon as he came up you spoke
towards
a
Yes,. sir.
A
had there
When Mr. Mox Hirsh
baby,
XQ
but
sir.
XQ There
I
above,
where you live or
where your father
lives?
Coming down the
XQ And he was on the
A
not
Towards
where you live.
XQ Was he going Uorth?
XQ
came along?
of Arthur
More towards
WITNESS:
repairs
Mox
of it?
towards
A
--
in front
MR. CONRAD:
brother
s house
sir.
Not exactly.
A
about
Yes,
A
of the door.
XQ You were practically
little
sir.
About where were you when your brother
XQ
little
A Yes,
up his
about
--
by making remarks
the baby.
hand?
A
Just
A
One.
threw
it
me.
XQ Did he raise
up one or both
XQ Was the hand
open?
A
hands?
Yes,
sir,
like
he was going
to
me in the face.
XQ T)le hand was o:9en in this
shape
(indicating)?
A Yes, sir.
��Vfhat did he say when he raised
XQ
something.
don't
I
re.nember
up his
what 1 t was.
He said
A
hand?
was something
It
rough,
too.
XQ He said
I cannot
A
something
recollect
it
what
Mrs. lt:bUJ Isaacs,
XQ
he had cursed
your
at all?
A
child
to you but you cannot
isn't
little
excited
a fact,
it,
child
□i
Iio,
I was too
was;
recall
when
What it
at
the time.
is
not a fact,
why
anl<.ed him
JOU
he said he had not cursed
", it
was?
because
your
little
I do not know
what he said.
If
XQ
you do not know what he said
What he
A
a fact?
what he said.
I don't
I wont saY he said
that
:1
is
not
said?
know what he said.
he didn't
curse
tl1c
I don I t remember
A
you don I t know v1hat he said?
If
XQ
how do you kno
He said
child
for
something,
I don't
but
know what
he said.
Then you are not
XQ
A
No, I dont
say he didn't
what he said.
said?
XQ
I do not
say-
that
asked
me, I
he didn't
say that?
I don I t know
I say,
was a fact
it
he said
it?
you i1t he s· id that
and I
ans ver for you do not know 1hat he
you to say you cannot
A
to
say so because,
You asked me if
XQ You understand
understand
prepared
know ¥'!hat he said.
When you spoke
to hin
and asked him why he cursed
your
A I know if I had been a little
child,
hov, close
was he to you?
closer
to him he would have struck
me in the face.
I could
not
aay BX~~t]cyc~ how close.
XQ
a little
XQ
away.
further
Well,
on the other
XQ
side
as I am to you now?
Was he as close
I can't
where was your
side
of me with
He was standing
exactly
husband
tell
A
I believe
you.
I don't
standing?
A
he was
know.
He w·1s standing
the baby-c~rriage.
y the
side
of you?
A
on the other
of' me.
XQ Were you standing
next
to the curb or next
to the house?
�r
•
�N'ext to the curb.
A
You were nearer
XQ
1u.eal!ex:t to
then
....--
A Yes,
the curb?
XQ Who ·Nas closest
to the
curbing?
A
XQ Mox was closest
to the curbing,
and
your
husband
A
band?
ri th the
time he rai::;ed
his
XQ Ho• far
A
carriage
the
was next
distance
t.ter
gt
feet,
the jury.
Mox?
o:f that
between
was your husband
at
the
ne8.r anongh
is ver:l wide.
and your
you ~he baby
of the house.
stepe
is,
don't
it.
to get
as from here
A
I can't
you?
I sh'.)uld
I am trying
as far
from Mox?
say eight
the
or nine
facts
to that
before
table
to
A Which table?
XQ That
table
Pose he was as far
right
A
This
chair
there?
as from
XQ About as far
time l, ox raised
not recall.
saw him strike
XQ After
(indicating)
xx~here
A
over to that
as from where you are
No, sir.
I SUP-
chair.
sitting
to which chair?
(indicating).
XQ Then he was about
the
bus-
us.
with
so:r-t.
husband
ll'
antt you came next
sine
You know how wide the Pavement
something
was your
~he curb
you.
beside
to the
familiar
sir.
haVi:: to move to get
XQ He must have been trro or three
XQ I am not very
and
sir.
the baby-caITiage
was that
to vo
cam ot ex8.c ly tell
to
Yes,
to you than
10 ''1'3.S
husband
Mox was next
My husband
A
I
then you came,
to me than rrry husband.
Yes,
A
c:U.d your
Mox?
nearer
to you. t:1Hn
hand?
was with
husband
No, he was closest
Mox.
A
3.rriage?
he ·.vas nearer
certainly
XQ If
baby-
ox was a goon aJ~1
XQ He was nearer
to strilcc
--
the curb1ng.
XQ Then
say.
sir
his
two steps,
I imagine,
open hand and said
Did your husband
strike
hin
away from Mox at
something
immediately?
which you canA
After
he
at rne.
he aaw him strike
at
.1ou?
You hav • n 't told
the
jury
�r
•
�that
he struck
A I said
you?
to strike
He threw
made a motion
his
A When he struck
told
he threw
the ju_ry that
up his
up his
He made a
XQ
If
his
I
hand didn
XQ
1
at you,
he uas going
at me.
WaY (inQicating)?
open hand this
otion
Mox had
prevented
at you?
,anterl
doing
t strike
he
'!laS
A
He
you there
was nothing
I was a little
A
you now to tell
going
to stril<.e
strike
at me.
to strike
would have hit
sir.
to
away that
further
me.
Did he actually
he was going
Yes,
A
to strike
it?
Do I understand
hand as if
he struck
at me.
XQ
XQ
at me.
open hand like
me, when he made the motion
XQ
have
l1ave you?
Madam, you hav 'nt
XQ
have
at you,
the
you?
Yes,
A
at you?
j l.l"Y that
he raised
..
sir.
He raised
A
his
If I had been a little
his
hand like
closer
he
me in the face.
nothing
There was
XQ
between
llCIX<Ulll
you and
Mox?
A
There
has been
I
something
XQ
between
us ever
inc e we had been married.
You do not understand
intervening
rne.
bet.ween you and him?
I mean there
was no obstacle
I vras a little
A
distance
away
from him.
XQ
There
You mean no thing
A
XQ Yes.
cloaer
A
to prevent
him from striking
you?
in the way?
No, there
was nothing
in the vray,
if
I had been
to him.
XQ
advanced
XQ
A
was nothing
But while
hand was raisd6.
upon him and struck
Did your husband
No, sir,
XQ
his
he never
He never
A Yes,
position
his
anything
your
husband
sir.
make any re . .ark at the
opened
said
him7
in that
time he struck
him?
mout11.
at all?
A
uo, sir,
never
said
anything.
XQ
hi:r.1.
Whei~e did he stril<.e
him?
A I don't
know where he stru.ck
�<
�I,;,"
Do you know whet:t1er he struck
XQ
I don't
A
him in the
face
or not?
know.
XQ What was the
effect
of that
blo1
A
on Mox?
I don't
know.
XQ You don't
think
know.
Did he knoc1c hil
he knock e-1 him down because
down?
he picked
No , I clo n ' t
A
up something
and
threw
then.
XQ
didn't
And '¥hile
it
knock
XQ
it
may not
A
Did not?
don I t kno11 which
stooped
it
and picked
XQ
knocked
him in a stooping
No,
XQ What did he pick
I
have
XQ was he
up?
sir.
Either
a piece
of board
stooped
to pick
up something.
A
but
sto9ped
he
as soon
to pick
aY,ay?
He stooped
XQ
What was y~.u- husband
as I spoke
to piclc up
A
over
something?
doing
while
or a rock,
He
to him.
up something?
He stooped
A
XQ
over
No,
flat,
sir.
was,
going
A
position?
up something
You say he
him down perfectly
Yes,
sir.
to pick
up something.
A
sir.
Yes,
he was stooying
over?
He ste];YPed back.
A
XQ
Do y<!>u mean to say
A (Interposing)
--
XQ (Contd)
something?
A
a board
or
He stepped
stepped
and
He picked
XQ He Picked
a rock
husband
back
and allowed
and
something,
don't
struck
him and --
back.
11:p something
up this
you
t at your
him to pick
threw
whatever
know which?
A
up
it.
it
was,
I don't
a piece
of
know which
it
was.
XQ
how far
were
XQ
ahead
And threw
Yes.
You had
XQ How far
of board
At the
you from him?
of him -XQ
it.
I had
A
a little
stepped
to
stepped
was your
was thrown?
A
A
the
time
he threw
thQt
piece
of board
To hi:ti?
UP a little
south
--
and I
a little
up a little
ahead
husband
from him at
He stepped
right
of him?
the
in front
't'laS
ahead
A
a 11 ttle
of him.
Yes,
sir.
time
the
piece
of
the
baby-car-
�•\
\
~,,,
�riage.
XQ When the piece
or in the
the
str0et?
water
A There
drains
XQ That
of' board
was thrown
is
a little
was Mox on the
place
out
ir
sidewalk
f'ront
,. here
down.
1s the
gutter,
you mean?
A Yes,
He was right
sir.
there.
XQ Right
in the gutter?
XQ When he threw
which
it
ias,
XQ
the piece
XQ After
whatever
after
hm?
husband
y~.J.r husband
it
v,as,
A Yes,
ran
running
after
sir.
sir.
the piece
of board
and ran and your husband
or
ran
Rir.
know.
XQ T11e last
A Yes,
know
sir.
A Yes,
him?
saw him throw
Mox turned
you don't
Yes,
A
after
this?
XQ How f'ar did lriox run before
A I don't
or rock,
and ran?
he saw him throw
After
rock,
your
sir.
of board
you say he turned
XQ And that
Yes,
A
I don't
you sa,
him?
A
know anything
then,
Yes,
your husband
overtook
af'ter
ras Mox running
sir,
running
after
im?
that.
and your
him --
husband
afte_
he
thre'.Y this.
XQ Now, Mrs.
it
told
a fact
Isaacs,
I want to asl<. you this
when you as!ced Mox i'llhYhe had cursed
that
you he had not
done so?
A I don't
isn't
question,
remember
your baby he
what he told
me.
I don I t knovr what he said.
a:fter
XQ He did
say- something?
XQ I will
ask you this
Mox had said
yo·ir husband
said,
A No, sir,
XQ Isn't
him,
any
.Mox raised
trouble
Jlia hand.
wit
this
A He did
other
something
"You are
question:
a damn liar
hand and said,
you?
u
A
I don't
isn't
it
true
that
which you did not understand
he did not.
when
it tru.o t11at your husband
his
say something.
that
or a son-of-a-bitch?
said
that
and advanced
"Go a ,,ay, I don't
know v;ha t he said.
,ant
upon
to have
He raised
��XQ When was it
towards
No, sir.
A
him?
I approached
he raised
It
him and asked
at him?
I don't
A
Let's
After
find
XQ He looked
I h'.3.d asked
remarks,
he could
throw.
immediately
the jury
I
about
sairl
the baby.
approached
that
him to strike
when he had raised
to him he looked
this
you ha.
after
and he turned
you said
raised
--
around
to
said
ihat
to him?
around
and looked
he immediately
raised
A
about
around
his
After
the baby,
to see vrhat
hand?
A He
his
hand and looked
around
to see what he could
his
hand and looked
arounrl
to see what he could
to throw.
XQ
throw?
He raised
A
Yes,
sir.
XQ He then
looked
around
to see what he could
find
Yes, sir.
And my husband, when he was going
struc1c at me., then my 11usband struck him.
XQ
A
What was
At the
ox doing
time he struck
A
Yes.
XQ
Was he making
A Yes,
husband
me,
strucl<. him?
him?
any effort
to
out
strike
there.
ox?
standing
A
there.
I don 1 t know.
The only
struck
Yes,
see hin
make any effort
to etrike
Mox at
all?
sir.
blows you saw struck
Mox?
XQ And those
A
time your husband
?
see that.
XQ You didn't
XQ
the
Well he was standing
XQ
I didn't
at
to thro
to strike
A
or
vrhen
to throw.
around
thought
I
to him --
you know, what he meant by talking
in,
making
find
talking
started
know what he done.
see!
see what he could
husband
was vmen I saict this
him about
XQ Now, you have told
XQ
Had your
hand?
What did he do when your husband
XQ
A
his
sir.
A
Yes,
were the
were the
blows you say your
sir.
only blo"NS you saw to amount to anything?
�r
•
�XQ The last
anything,
time you sa-;; your. husband
Mox was running
Had they gotten
out into
and !!ox, to remember
and your husband was running
the carriage-drive
at that
after
him?
time?
What
A
do you mean?
XQ I mean, had they gotten
A I don't
know; I didn't
XQ You don't
A He was going across
can't
see that.
the pile
XQ He was going across
XQ How close
the pile
him?
your husband
and Mox, didn't
all
When I seen them start
towards
When you sa·.1 them start
chasing
XQ
for
God's sake,
my
husband
struck
hirn?
the road.
the road?
A
Yes,
sir.
1
must have begged your husband not to fight
I didn't
him?
to hear.
God's sake,
"Please,
A
I said,
1tFor God's sake,
say
the time you S'.licl that
At
between
not to fight?
your husband
towards
ox was doing the ru..nning?
lumber and
both
I said
or after
don • t you al 1 fight.
husband
you beg your husband
before
XQ Then,you rust
XQ
I
knou.
fight.
Q When was that,
because
A I don't
was going to be trouble
I begged. them not to fight.
y~~
XQ
sir.
to him was your husband?
XQ Now, whcm you saw there
A
of lumber when he was running
Yes,
A
-----
don't
of lun1ber.
you that.
tell
A
the min le of the road?
Where was Mox when he was running?
know.
and your husband after
out into
was running
A Mox just
was after
I didn't
him.
spooially
the enmlua :pile
crossed
I said
mention
it
and your
of
loud enough for
mvhusband.
I sairl,
"For
don•~ fight.
At the tiJ.,e you said
Mox was running
•t For God's
after
him?
XQ Do you know where Mrs. Arthur
Hirsh
and my husb·nd
and your husband
sake,
was after
don't
A
you all
fight,
u
Mox was running
him.
was when the dif'ficul
ty
��took place?
A She was in the house as far
XQ Did you see her
Mox?
out there
at all
as I know.
before
your husband
struck
No, sir.
A
XQ She was not out there
then?
she had been there
XQ If'
A
Not that
I seen her.
you would have seen her?
I was so excited.
kmw.
XQ Before
the fight
started
A I had not been very
you were not excited,were
well all
XQ But you were not excited
that
day.
before
A Not to amount to anything;
you?
the fight
I was really
took Place?
excited
for I had
been sick a 11 daY.
XQ I understand
see her there
at that
time?
XQ When did you first
seeing
sir.
No,
see her there?
recollect
XQ Were there
immediate
I saw.
I don't
A
remember
in the presence
tended
were sitting
didn't
Mox raisei.
No.
on the sidewalk
out that
began?
I don't
A
or that
Not that
know who they
me so.
XQ Do you think,
on the day after
A I don't
know· whether
know what I said
that
he into them
My mind wae not clear.
Mrs. Isaacs,
whole transaction?
where I got Peace I feel
the trouble,
Leon and Mr. George E. Sipe,
his hand but you didn't
you or not?
bothered.
this
about
you state
of your brother
to strike
hey
Persons
A
remember.
XQ Mrs. Isaacs,
you thought
her at all?
at the time the trouble
of people
I don't
seeing
other
any
neighborhood
Lots
were.
about
A
her at all.
XQ You don't
fort
has not been good: but you did not
your health
like
your mind is Perfectly
A Now it
a different
ie.
After
clear
I went away
Person.
DIRECT EXIMIUATIONRESUMED
BY MR. CONRAD:
Q
Just
one question
Mrs. Isaacs~
hia hand iJJlisxmnK in reference
to tl1is
Yr. Lee has indi~ated
rrith
movement Mox made and some-
��I
--1...,-
thing
has been ~aid about his
would just
way Mox
(Indicating)
A
way.
Q
Right
this
way (indicating)?
Q
T'"nen it
wasn't
simply
was with
your face?
A
holning
The length
Q
I want to ask you as to
here,
store,
what business
you know, and then
own movement the
\78.Y
me.
sir.
hand up?
his
towarns
A
sir.
No,
right
sir.
Q
lived
Yes,
A
I wish you
the open Palm of the hand thrust
Yes,
of his
and your
at me that
W8'J! --
right
hand.
this
this
towards
right
right
He was
He done right
Q The motion
his
by your own ar
show the jury
did.
raising
arm?
Yes,
A
sir.
Dsaacs'
fr.
occu.pation
since
he
he had a grocery
First
:vas he in?
A
was salesman
in Showalter's
for
a little
while.
Q
He had been
in the
store
of .Mr. Abel Miller's?
as he a man of unusual
Q
so nn.tch strength.
strength,or
He seemed pretty
not?
A
Yes,
He didn't
A
TI"ell but din.n't
sir.
have
have nn.ich
strength.
Q
He did not i1ave?
ha
Q He never
He never
any out-door
Q What kind
work or exercise
of work has Mox been engaged
work or indoor
work?
A
Q Did he have any connection
years?
A
boys were
Q
--
his
to strengthen
he used
Well,
to run
Outdoor
with
in all
of his
life,
work.
the dray business
it on occasions
when the
for
marry-
other
away.
He ran
to horses
a dray
and hauling
Q In
have
done anything
A No, sir.
muscles?
outdoor
A
speaking
made use
the pavement,
or
on the street
wood an::l things
about
did your husband
struck
him a blou.
Q
struck
him
of that
you.r husband,
the TIOrd "blo
A
A Yes, sir
--
-- attended
sort.
Mr. Lae may inadvertently
stt; when Mox as out on the edge of
strike
a blow and not
him blows or strike
blows.?
A
Yes, sir.
a blow?
��...
'
--
XQ Just
er or not,
coat
off
Jnt1 qu8~ tion.
r .. A!l
Mrs. Isaacs,
yo 1 mAt your brothP.r
seems to me he had his
'
.
111s
coat
s ,Ams to you that
arm{,.,
hanging
do you recaL1.. wl eth-
thc.t nic,ht,
1
ana han~in~
o Ar
0
0
XQ It
8--
A
I
hn ha
l
hirr
Y..not ~aJ but it
on ~1s arm.
h., 11aa. hi.
coat
han_):1e on hiR
arm?
T,~
JO:
.Keees s taken
for
dinner
t l
: 45 P.
1.
�' .
�r
•
I/
Do tor,
Q
A
yo-1
p
--1 • ',
Ye,,
Ho·· lor.e,;
Yo·1 'l-
Q
believe?
, a
o ' Vi ~in7 ::i,
Y ~
A
I
c; I'.
Q
A
-in-,?
I
.
t
t'1 ,1, ·
0
1
ar •
:,
.,_
I x •
A
Di·
Q
iJor'y?
I <'i.::t.
••
1
lill
Q
fo
1
yo
1
f:' hi
J
skul.1.
A
on
') e t
I f
fr
1. 1rl,_ l
t etr.
l,
i • f::'
l
I
...n --
rl _
on t 11
in51 e
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co· 1 · t ,11
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•
XQ Is
thickness
of
A
meters,
i
:.o··,
~
I rlo not
·nou.
I hav1~ . ~~.:r-r' >1t
• Q
be the
skull?
entionerl,--
illi-
.fivu
I c 1.n:.1ot be
'lbon ... it.
n ~ , eate
s.i.r.
ot?
i.
t .:.~1c.!.1essof
._,v
as coL:11r., ent
·r•.Ar. sk tl 1?
"he a .;er"·~"'
of neasu:r:e.11· ts,
s_,eaking
I
1ro,
A
2~c.•iJect?
1
Tl:en yo t ··;_:-11..lr1.
not rw.,.q_rrl yourstJlf
aver
on it,
1010w anyt,', in:;
I do not
x.q You 11 ve
are
tht:: Tvv·a__.,. h".;
,- t .!._,:x;:-tsof
but
would
1.illir.cters
+'iv;
,'if'f'c
in that
of' the
t ...:at
f'c:!
th~
--
elusion
2
aFi I have neve_
A
...,o s'!,Jci!.:
If'
Y0'1
·n.y ct 1tistics
nee·
c·.u o.,·
a1.
'(
y
you. ha re
('P'
skulls?
XQ
il
• T.....
-•
~
,~a1··i·
~
-
_.,
XQ
And it
lJ
x~
ly
\/0 ,,_lr'
'"'·
rl JC 8'1 sed.?
1
if
be trn
70·1.11_ bt~
_JO<:Pi
It
+ "'C , --,-.L·
11
,.,. 01~ • ·,..
'J
•
V
..
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11
l. -'--
yo1t eve::-e 11..nrl.AY·t)
·.ro 1--l b.; ·1 v l'Y good
And t::-10.t '701 11
coulr"
"
·
+o 11eaBnre arv
A 'To, s:r.
Dirl yo
t
'
~Q
XQ
of
J
I am asking
kn 11?
XQ That
geon
not
ri ters,
text-,
hi.l.,l!3.n
T
-
adoi:-it,
llL>v,
A
You rl_irt not?
g the
:Ct:3.L,l1ii
method?
A
only- met .o"'. ·· :t
.,r0'1.lr-. i ... not?
A
aver3. 0 e
Ye<,, Rir,it,
clllY p 17 sic:i..an
It
onlr" le.
01·
"'lr-
·.-:-0·1.ld
••
.
1
't · it?
oe rq t·ne:- cone 1 :i.sivo,
·you_dn
any
1
the
be9t
\'73.Y of
r_e'l.
1.r.f cnt
o:f the tl ick.ne·"'"' o:i. the
Jo.
A
Ho, not
A
Eo,
siJ.~o
~ 10
sknll
itself
d
Skttll
��.,
t
.
J
•:
,
'
~
...
'
X~ Ne:iih.er at the point
No, sir;
A.
looked·at
the skull
considered
it
not at all.
and didn't
of determining
points
as nearly
being
as
XQ
You think
hight
a skull
at that
here-c•l
patent
is it
thicker
than
not,
the
thickness?
we always go into
these
where this
injury
2.75 millimeters,
measuring
as
point.
you just
if
it
to
that
is
notice
that
the differe1
ce in this
mighty near
an average--
on one side
right
now.
question,
my
the
the right
sawed a little
than
it
is on the other.
Yau have undertaken
by referring
sir;
but
lower than
the thickness
left
side
of this
skull
you will
find
to
to the skull
it
is
is very nn.1ch
side?
XQ But as a matter
side
for
in your hand and which I now have in my hand,
A Yes,
between
to the skull
at the point
ould consider
in answer
which you had
consider
you would?
I am coming to that
illustrate
I
I would.
but see how much thicker
X~
at all.
and didn't
at all
authpsies
place,
skul
A. Yea; for
skull
I
can.
we
I think
A
at all.
or not it was of average
whether
to have taken
an average
thickness,
directed
XQ Would you regard
is alleged
it
take any measurements
In making these
A
measure
point?
standpoint.
X~ Was your attention
purpose
nor at any other
Didn't
of average
it a skull
from any other
of injury
I think
the other
of fact,
on this
side
side
is
That makes a difference.
side.
there
that
is a very patent
and the thickness
difference
on the left
(indicating)?
A
XQ
Yes,
sir;
If a blow of exactly
the
the same weapon was struck
on this
side(indicating),
true
at all,
isn•t
it
swne force
and made with exactly
side(indicating)
as on this
that
the fracture
here,
would be a very much greater
and severer
fracture
if followed
than
on
�(I
'
•
J
''
.
,! '
,,,'I
�''.
.
.
..•
this
side(indicating)?
A
can give
I dont think
so;
not
on the
gaae of the
skull.
I
that
skull
you my reasons.
XQ I will
A
be glad
I think
a blow here
XQ Than if that
where the
to have them?
be true
skull
is thinnest
A
would be
It
would have fractured
a blow smitten
on the
would be more apt
more apt
to break
right
to brakk
the
hand side
the
skull
skull?
on the
out-
side.
XQ Then,
quired
the thinner
to bring
about
A That
the base
of the
is,
the
skull,
the
a simpl,-
Of course,
skull
it
on that
a greater
injury
on this
side,
as it
than
base
brain
of the skull
tissue,
the
blow re-
on this
a complication
vrnuldlhave
side
you wruld get
is,
but
f.racture,
believe
thicker
lighter
such a fracture?
skull.
blow to fracture
the
on this
on the
base
side.
I
of the skull
you wou~d an injury
side-"' ( indiotaing),
than you would here.
a lighter
taken
than
at
that
on the
is on the
cracks
You would get the
~
/
here
because
there
XQ Suppose
right
hand side
would require
thin
side
is less
this
were an egg i~stead
were thick
than
it
would the
of a skull
and the lefthand
a very much lighter
A Yes, naturally,
the shell
resistance.
thicker,
that
wouldn't
is,
if
were thin
side
blow to break
and the
or shatter
sir;
A Yes,
I a.--nspeaking
sir.
of the
you were speaRing
shell
the
it~
proper.
XQ, Yes,
it
of the
egg?
of
�r
•
�'
',\
♦
• ,
r
...
',
Xq
There
is
ing to the fact
thinner
than
one other
that
XQ Because
than
MYMR. SIPE:
that
as being unusual?
condition?
an abnormal
of the thinness
condition.
on the right-hand
side ;-it
is
side?
They are generally
particular
of that
is much
have that.
on the left-hand
A
In point-
of the skull
you speak
is an abnormal
I consider
A
wt4nt to ask you.
hand side
side,
We don •t often
XQ Then that
that
right
the lefthand
A
thinner
the
question!
more evenly
distributed
than
in
skull.
I understand
you to say that
would be ma.fie on the thin
side
the fracture
easier
than
oft
he skull
it would on the thick
side?
Speaking
A
of the contents
BY MR. SIPE:
of the vault
it would fracture
where it i s t hick
XQ Now then Doctoer,I
struck
on the thick
side,
would it
A
I would like
XQ I understand
one the
brain
im.~ediate
eussion,
have those
questio~,
or more injury
to have that
skull;
side
was
to the brain?
question
over.
of injury
and lesion
the
If a blow
to make a fracture
other
to the
produced
is an injury
may not be any fracture
Yes
,
sir·
XQ The question
side
it
of the
skull;
brain,
on the
by con you
to in ya.tr uind have you Doctor?
A
to produce
skull?
where
on the thin
but not sufficient
of fracture
of the
when there
ask you this
you have two classes
result
by a fracture
more easily
of the skull
do less
in the
e
will
to make a frafture
of the skull,
and not speaking
of what makes the fracture
A Naturally
sufficient
skull
of the skull.
I am speaking
is t hin than
of the
a fracture
of the skull
.
I ask you is this.
on the thin
side
suppose
was struck
but did not make a fracture,
a blow sufficient
on the thick
can you undertake
�♦
,
f
(
�to say that
greater
the
the
than
where
injury
the
from the concussion
injury
frOLl the
I believe
A
greater·
injury
to
skull
fract
re on the thin
the blow on the
the brain
itself.
is thicker,
thin
A
because
would be as gre~t
side?
would produce
blow on the
left
resistance,
you are
of
to have a concuss ion and you would get
side
or
a greater
force
side
apt
going
down.
XQ. But if
necessarily
you pr Oduce no fracture
produce
a lesion
of the
in the brain--if
skull
would you
you produced
no
fracture?
You could have
A
was very little
XQ, It
caused
injury
it.
to the brain
was enough
, however,
and caused
XQ,
It
his
certai~ly
was.
was by lesion
That
the base
there
itself.
to produce
a hemorrhage
that
lea ion of the
A
pressure
injury
to the
oft
a very
hard
blow
of the
tissue?
tissue?
It was duet
o fracture
A
attributable
You get a hemorrhage
produces
death.
from the meningeal
Of course,
was made, was it
of the
I think
to the brain
artery,
and
you have to have
quite
case his
to the bones
tis~e
I have just
not,
by an &ctual
1.
?4
skull?
in this
X~ This hemorrhage
,,as s,ttributable
must have been a
arteries.
to injury
A
there
tissue?
the fracture
injury
he brain
to be a hemorrhage
X~ That lesion
after
It was certainly
of the skull.
XQ In order
)
tissue
brain
death.
A Not bj lesion
that
particular
his death?
A
at
In this
death
was just
at the base
as much
of the skull
as
--more.
was caused
said
by lesion
I think
a.a much,
if
the
soft
his death in this
not nore,
to the
parts1
case
injury
of the
�.t
,,
�bones
at the base
of the skull,
as to the injury
to the brain
itself'.
XQ
Dont people
frequently
bones_ fraotur
have
and no
d
lesion?
lt'hat are
A
or legs,
quent
er what?
you talking
about
o,:currence
that
and people
the bones of the skull?
the bone is fractured
I would rather
arm,
Is it not a,fre-
without
internal
get well?
If you 'IJ\allt to go into
A
the bones of the
And get well from it?
X~ Talking
lesion
about,
that
it would require--and
not.
RE-Dil-lECTBY MR. CONRADo
Q, I dont
know whether
Lee and Doctor
Sipe
plain
english
this
particular
this
case at hand,
and without
Sipe in plain
are at the
~
~
there
part
sides
Just
likely
thicker
skull)
bu talking
the skull
about
to Mr. Lee and Mr
the less
is,
to break
of
it
liable
for
to break
the s,:ull
in the case you illustrated
and a thinner
egg,
portion
and the thinner
striking
it
on the sid
the egg in where the thin
A A b~ow of equal
you
in.
in or be pushed in?
force
aboot
an egg awhile
of an egg,
part
ago,
the thicker
being
on the
, the blow would be more
place
is.?
now?
sir?
A Yes, sir.
~
Striking
not so liable
0
Yes, sir.
to crush
Q, Yes,
or thinness
so.
at the points,
of the
you and Doctor
Coming down to
you answers
where the blow is,
is a thicker
being
ab ,,ut.
here--(indicating
Naturally
tbat
all
to the thickness
if I understand
Continued)
A
regard
english,the
point
A
been talking
have
skull
I understood
it
on
to crush
the point
in that
part
where the shell
isthicker
is
of the egg, but 1..here woul d
�.
........
...
�...
rti.dia~
fr-am the point
I cant
A
would require
side
a
oft he blow , these
tell
harder
the egg.
a·bout
blow to break
skull
at that
point
where Isaac4
crushed
it
at the end than
it
on the
blow,
was the
or not?
was no depression
seemed to be --it
It just
A
very little
disturbance
vre cculd
to the skull
see both
q, BY. MR. LEE:
Very
A
Q, Then the
would that
thickness
0
like t here
was
we got inside-~
0
the point
the
Doctor
to say there
of contact?
little.
fact
that
ar 6"Ue that
at that
A
places
looked
until
Do I understand
at
was no depression
any,
this
No depression?
~
until
received
in to any extent
A It was not.There
there
was no depress ..on, or scarcely
the skull
vas thinner,
or of the proper
point?
I would think
have mashed in more.
it
vras
of proper
It would naturally
thickness
have driven
or it would
the bone
in.
right
q Mro Lee has asked whether
thickness
any person
that
of the skull
present,a
your attention
at the time
physicialt,
was directed
of the post-mortem:
on behalf
of the accused
to
Vias
here,
at
post-mortem?
A Yes, Dr. Jones
Q( Interposing)
Hirsch
or_ his
A
anything
was present
I mean any person
and Dr. Davis-~
particular
representing
MR.
attorneys?
Dr. Burnham.
Q. Was your attention
skull
I would say
But
0
q, At the point
the
cracks?
Dr. Burnham said
directed
at that
to the faco/ by any remsk
time,
to the
thickness
'
orby
oft his
of Mr. Ieaacso
I
A
I cant
remember that
it
was.
I don't
remember it at al~
�..
r
,,•,
.
\
�..•
•
•
T
.
--32-.,1,~
..0:
and :le
At n p;;:;estion
coicur~pnce
,'Jo1-1rt,
the
follo
rhere
,d, the J1ry,
•fmt
VAs,
~,=.
At:orr.ny,
to
1n their
the
pre.
of
scenA
the
8n~e
was submitted:
·in~ evirlAnc
J.
L. Art .11;:"i
·rt{Uu, s~ vr . by the
Q
': 10 live.:,
on tt.., corr.er
8ourt;
and ,·rater strPets
✓ rman
of
cornAr?
The nAxt ho sA,
Q
1
orth,
•
A,
is
1
~1ose hoPle?
1,1r. A1..t LUr
A
es.
n·rs
Im
L1e next
lives
in the
A
That is tle
A
That is
Q
On the
t r1c·
1
part
is a doublA house,
-~oin,, !Iorth,
art,
that
ext to A_"thr Hi:--s 's?
n
Isaac
•
lived
in.
in the
OJ.Se?
.,rP, ,.r.
w
1
1~
•
8.. ell
live.s.
of ITater a d Ger:11·n · s tr .Ats there
corn8r
~ · l 1t ,
11g
P-1f~c
ho
soutLer!"L
1 1· ves
q._
...o
Q
an
hA
onr_
German S:r,,r,t,
01
the Sout est
w10
of Counsel for tle aces
the prisonP.r
tl e tragedy,
of thA ComHion Aalt .'s
'"ihar
G
near
1 ey Jon a(i.
.J 1 s :rrrn1,.encer
· ..:l
f'I
1s
A Yes,
"
sir.
Q TherP ar, no tr ,es alo~~ the Rast side of the strP,et
in fr on
Q
t e ho .1""es ius t refArred.
of
V
vfr. Ar:nentrout,
where
out to the j ry?
poi t that
ar'-3, ( ASt s i rl, of German st
r.:AlbP.rt 's gtable,
It iR wher0 thosA t.o
AAt
·v
above l. t ?.
• table"
& FP.ed
'
Sl
•
1he fiT•qt
ho se south of the brid~e,
iR 1•rhe_e 11ir • HoL ..ar l.i·r ,s?
And the next
A Y. s. sL.
Q And the next
house,
s Jhere
soutL,
rirs.
L
Th_,
Clatc
1
mAn
of bridp;e ).
and north
That s here thP. nan 1S stanci.1n
t h0r man 18 81. t-1-.
Jl g in t h0 do
•
l P,
Ge-'-nan StrP,et,
lives?
Jo, rnr.
A
A
Q
1
foods n
It has tLe ~l~n of "LivAr
Q
A
1s
Q
an--J.th.,
to?
1
or west
A
A
no
r,
si,:, .. of
YP8, sir.
J•rs . .K senbe
y lives?
A
'?,'Ar
'{
,S'
L
�••.
�r
•
--3Z-Can y0
Q
1 t.
t,
1
th
TE
1idth of this
J
here.
street
lhJ.B'I1: -~et a nea.<;1rA a_(t ;;1P.asF'A it .
. IT JJG:;~: I ca~ t .1::. ~.L~.1t nAar by
tepping it.
THWCOUHT: Step it.
Q Ho many stApc, din you make it,
ATme_trout?
rr.
.A ·ren steps •
Q
T0n step.
Q
And the
f om curb to
ag
etween cur
street,
Q Aud just
.A YJs,
track
)}
a
oppositA
not?
here this
pilq
picture
·as st~ndin~
10
"
was taken?
A
Yes,
Q How soon aftAr Mr. Isaacs
A I tLi,k
taken?
his stuff
Q
near tl:0 edi
at
as?
1
1. -l-?
l, •
A
sole oid
Q
higlt
trash,
A
Q ,..'hat
I
➔ay;
indicated
SAA
1
.
Yes, si
of trash
on
as kil
1
as?
i::i
rorner
1
hen
ed
as that picture
I am not surA~
on tis
umoer and stuff,
picture
the point
as big
( 11.r3.icat ing)
tak9:'.'1 o to~
that
of tl e lumber thAre,
as thP. charactP,r
at sand
of it?
J
.1r.
is thut
Lookerl. to be ref.1sA
That
of the
Yi=rn,sir ..
icture
A
babl., , 11.i e t ere
time.
the next
of the pavem9:it,
J
hich this
ho 1se;
:."'1r.
si_.
Q ArP, ou the mB.n
tat
't
is
Yes,
ab•J it the center
just
lS
C'lrb,
.
A
C 1 Tb?
rubbish
from an old bu1l
hat r'
ing; probably
of some kid.
( exhi b~ ti
,~ to "i tne ss) gives
.+
P. 1
'.J
do 0s.
It
looks
about
the
to me, pro-
as more thc1.n t 1at on the ground at
tl e
but ma e not.
e eabo_L s as ,ir.
here was he icked p?
A JU.HO.ti:
. did
hP, la t
Is
acs;
ere
M{. HA..111 WiH: Can gP,t tl at from ei t 1 ,_
~ • Luo• ig Hi:r-s., or 1,' • Clauc1.e
AlbP,rt.
�f
•
�-- 4-Jtt. LUD7I
Yo
Isaacs
HirlSH, sworn by tl e Court:
•
us on t .e ground,
an sho
( inclicatin
I
•)
on
I miss
t'vnl .nk
l.1..
1.,
tFo men s an i n
goin~
the point
the tragedy,
day after
tilf=)
0
nP,a
north,
hAre
the
Isaacs
jury
fe
the other
man indicated
MH. HAlt:, Kh:
A oert,
in th&t
im up u:d carriP.
..tK. HAi,
1 ..K:
there
1A1"
•
th9y :r-Ap:r,"sP.ntP.d
Yes,
The
sir.
fAet
lay,
sleeves
1
•
rnan t
s the first
him in?
helped
1&t
you
ick
YAst sir.
A
'.~erA you present
fe11t a·,,
,,,hen the photograph
did not
head
J.i,
,..,
COl-J.HAD: .L at puts
on tL,
ar:d
~laude
b·I
us
1,-_ T '
'
la
straight
aid in the roa
vr&.
ar.ro"'s
).
thA:i, ar.ro ss the 1·a0 on
t sid.P, of the road -- you c&n sne her,
thA wa..o;ont ack r ns?
A Y0s, si •
track
an
I t i :11' so , but can ' t t A 1 •
ic:ure?
r r. Isaacs
of the
he. 8 his
st 'rt
:."'. Is acs
places
lAft ...ar:d side
where _iis ...Aa<i layo
The man in his
TA
to you
eL:P.r
A
?
1•
out
and I point
w}
t e midcile of the roac. is
nearest
an L ch ..
each ot er on the
tell
r.
it
Are.
a :photograp. , sai<l to have
I an handL ,:_;yo
street
fr.
7h'-l e
A I pickecl his head up 1n my arms rieht.
fell?
bAen taken
~r. 11rs.:.,
' '$
where
MB. L~ L,': I wo1~ld li~E: for
( Jury to
takes
Ac1al
~0~1cA
of tne condition
of L.e oa .-··rc:,.yi.l.:>H~ tl:1,e west side
of the strAAt; that 1s 1s stAAP an0
ro .t~h ..
TherPU!)on,
on ret
evidPnce
to the Jo-:..1rt ro,om
,ea as ·0..1_:o,s:
r'1i:::~
was res
�•
�-35--
MRS. GE{TRUDETUTWEILER, -examined
Q
this
TutwAiler,
Mrs.
difficulty
Q
to the
Pass,
wheeling
struck
dovm?
Q
a baby
Shortly
particular
any
whether
carria
Yes,
A
that
ladies
just
tl1is
said
at
that
of any kind
I heard
loud
just
after
loud talking
I don't
I
talking
Isaacs
was
around
after
but I never
From the
trouble?
there
which one --
time you. did
A. Well,
after
and one of the
they
were fighting,
and I saw Mox throw the
and
rocko
.HE COURT: Who did you see throw
fITHESS:
:Paid
on.
of thin
ue were sitting
remember
looked
Mr.
Yes,sir.
Isaacs
ir:unediately
that?
what did you see or hear
--
before
that
A
was killed?
shortly
to ,:,1hat was going
Q Then what happened
I heard
night
I did.
any com.r.otion
after
the
or not you saw Mr. Louis
e just
sir,
attention
pay attention
Ed. Snell's
in which Mr. Isaacs
jury
Did you hear
A
that?
rere you at Mrs.
occurred
state
by Mr. c,.mrad:
tlie rock?
~1ox.
THE COURT: Who do you mean by that?
WITUESS: Mox Hirsh •
...
0OURT: The prisoner
THE
WITUESS:
Q
Yes,
Q
I mean to
say,
A
You ne an,
was the rock
Q
Yes.
Yes,
the house
--
Q Well,
throw up his
fr.
of that
Gertie?
A Thro
direction.
either,
on the paveuent?
sir.
A
Q Did the rock
at
-- kind
Did you see Mr. and Mrs. Isaacs,
Q
A
northeast
here?
sir.
was the ro8k thro rn, ·uss
In wl1at direction
of no~th, --
kind
Yes,
at the bar,
struck
was it
Mox Hirsh,
in tlle <'lirection
thrown
in the
direction
they
were?
they
were?
sir.
strike
them or strike
Mr. Arthur
what else
arms.
thrown
did
I don't
Hirsh'
you see,
kno
or what he did
.'J
A
It
struck
s ho tse.
then?
whether
it
anything?
for.
A I saw Mr. Isaacs
he meant to make a strike
��If
J
•
--36--
MR. SIPE:
He did what?
WITNESS: Threw UP his arms,
hit him with the board.
Do you remer.1ber seeing
Q
she ran
in between
Q
She ran
Q
Did you see anything
Q
Just
after
A
Yes,
sir.
Q
And, then,
Hirsh
in between
down?
the
A
there,
I don't
the
rock
Yes,
this
harclly
in bet rrnen them?
when he was hit
as struck,
blow
center
reference
thit
know.
No, sir.
A
she ran
A Yes, sir.
by Mox
sir.
A Near the
and stuff
rock.
and Mr. Isaacs?
to her?
sir,
Yes,
A
Mox
about
what place
in
of' the road.
to Arthur
was out
Hirsh's
there
They were just
house
in the
a short
and
street?
distance
from
though.
Q
With what did Mox strike
Mr. Isaacs
vith,
Q
Was it
Q
Does
that
A
Yes,
sir.
have
the
Q Jere
A
these
Q Who had it
Yes,
that
(exhibiting
aP:Pearance
board
that
Mox struck
A board.
A
like
aeything
on it?
-- What was it
Miss Gertie?
Q Did you see this
spots
the
happen
A
time
they?
of laths
pile
he threw
Mox Hirsh
Q Where were they with
this
Hirsh?
did you see Mr. Isaacs
at
road were
after
Mox threw
and knocke.
Q Well,
the
them just
Arthur
Hi..R.
and then
board)?
of the
shortly
A
sir.
Yes,
and lcind of board?
size
afterwards,
--
were these
sir.
blood
spots
in his
then
hands
at
fresh
or dried?
the tine
A
you saw it?
Fresh
A
spots.
Mr.
Thorp.
Q William
Isaacs
Thorp?
A
Q
He works at Woodson
Q
That
was hit
Yes,
&
Albert's
is the man you have
was it
sir.
stable?
reference
you sa·.1 M • Thor:p with
A Yes,
to.
sir.
How soon after
this
'ir.
:Piece of board?
��• ,
r
..
> •
.
--37-A
I don't
know just
how long --
Q And you were still
Q
did you see Isaacs
of time,
trying
air,
--
Mr.
doing
making any effort
You, I believe,
with
scene?
Isaacs,
at that
anything-
to injure
Yes,
A
I guess.
sir.
particular
moment
to Mr. Mox Hirsh
Mr. !Iirsh
or
in any way?
No,
A
a year,
clerk
at Mr. Abel Miller's
store?
A I
the family.
Q Mr. Isaacs
he
on the
or ten minutes,
I did not.
Q
live
time Mox struck
the
At
there
eight
or- near
was there.
also
about
clerke~
there?
a year,and
He was always
A Yes,
I never
nice
He was there
saw him mad all
a11d pleasant
MR. LEE:
sir.
That
the
time
--
is not proper.
MR. CONRAD: That
may be stricken
out, as
far as I am concerned.
It is immaterial to me. It may be stricken
out
if you gentlemen desire.
MR. LEE: Of course,
timony, and if
it is improper
ir..1pro:per --
7HE COURT: The Court will
if you ask for it.
MR. LEE:
strike
tesit
we do.
7HE .COURT: The Jury will dixregard
statement
of the witness.
Q
T'ne character
Mr. Abel Miller's
muscular
Q
goods,
o:f work that Hr. Isaacs
store,
was it
exercise,
or not?
What kind
of a sto:re
notions
out
work that
A No, sir;
does Mr.
that
had to do there
required
at
any particular
he was a clerk.
Abel Miller
have?
A Dry-
and shoe store.
THE COURT: You mean he was a salesman
the store?
WITNESS: Yes,
Q It
notions,
shoes,
Q
Hirsh
is
a general
store,
and things
Do YOUrecall
make aey threat
that
at
sir.
a department
of' that
in
sort?
any time at
or n:Peflk in an angry
store
for
Yes,
sir.
A
the
way
store
dry-
oods,
you heard
in reference
Mox
to Mr.
�♦
,
�--38-A
I don't
Q
Did you at
Mox Hirsh
--
any threat
the
understand
that.
any time
either
there
against
Hr.
IThile
at
you were
the
Isaacs
store
there
at
or any place
of any kind?
A
the
store
else
--
Yes,
sir,
hear
mal<:.e
I did
at
house.
Q
What did you hear
.Mox say?
He said
A
if Mr. Isaacs
troubl-
him if he could.
ed him he 7!0Uld kill
Q
What house
Q
That
Q
'.rhat was after
A
Yes,
A Mr. Abel Mille:r's.
was tha:t?
was at Mr. Abel Hille:r'
s house?
A
On Ea st
Market
Street.
moved to East
Ma.rket street?
sir.
Q How long
tell
Mr. Hiller
you that.
was that
was during
It
.r.
before
the
Isaacs
winter,
was killed?
A I can't
though.
c::aoss-EXAMIHATIOUBY MR. LEE:
XQ Mrs. Tutweiler,
was first
XQ
Mrs. Ed.
XQ
attracted
I understand
to
the
very
Where were you then?
Snell's
you to say that
loud
A
talking?
your
A Yes,
I was sit ting
on the
attention
sir.
stoop
Df
doorway.
on the
You were sitting
of Mrs. Ed. Snell's
steps
house?
A Yes, sir.
XQ
A
You spoke
Mrs • .Mccrary
XQ You had
A
XQ
A
of other
Yes,
sir,
any V/Ords at
ladies
were
there.
Snell.
Isaacs
for
in
that
doortlay
facing
them.
No, sir.
sitting
I was sitting
quite
awhile
hart you?
what was being
said?
and you sa
A
1
them?
No, sir,
I did not
:from you,
were they?
all.
XQ They were not
A
Ed.
what other
sir.
XQ And you heard
hear
and Mrs.
knovm Mr.
And you were
Yes,
ladies,
more than
25 or 30 feet
�.••
�,.
•
...
.
--39--
XQ And they were talking
A
loud?
They were talking
veJY
loud.
Who was doing
XQ
don't
remember
the
A I can't
taL~ing?
much even about
You say some of the
XQ
at
that
this
their
ladies
tell
talking
sitting
at
there
I
you.
all.
were frightened
loud talking?
A We were all
on the pave ent and someone said
sittL~g
they
were fighting.
XQ
said
XQ
You mean to say there
twenty-five
they
f'eet
Yes,
A
was said
not paying
pay
XQ
was it
it
XQ
sir,
angry
hear
what
knov1 that
talk,
as far
either.
at all.
as to attract
ourselves
and not
said.
as you could. gather?
was cross
and angry
Yet you could
not hear
at all?
talk?
rocl<. was thrown?
XQ
You do not
XQ
So far
that
A
kno~:?
A
A
Yes,
XQ
I
say,
rig11 t?
so :far
A
and could
not distin-
betwee1
the
two men before
Ho, sir.
A
may have
strucl<. Mr. Hirsh
A I do not know.
No, si1~.
as you do know,
A I don't
sir.
No, sir.
rock was thrown?
You do not know?
Yes,
No, sir.
as you know Mr. Isaacs
XQ
A
what was said
XQ Did you know rha t had happened
I s that
I don't
A
we were talkin~~
to what they
g."1.lish who was talking
before
and didn't
was cross.
X-Q It
the
within
what was said?
1as not of such a character
lb,
arw attention
XQ Was it
tall<:ing?
to the talking
Then the talking
A
done there
any attention.
attention
any
yow.' 3.ttention?
paying
they were righting.
was so r:mch talking
I di0J1 1 t pay any attention
Those voice
I didn't
Said
A
of you and you cou.ld not hear
sir.
--
XQ
sir,
were frightened?
know that
that
may have occurred?
he struck
him.
�1/,
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Madam?
XQ
I
this:
am not
Before
this
Then,
XQ
before
I don't
know as he strncl<. at hirn.
as ing you if
I did
so far
he sitruck
'vas thrown
rock
No, sir,
A
Hirsh
A
at 1'1im; I am asking
you did not see
:1hat took place?
I$aacs
struck
not.
as you know,
r.
Mo, sir,
rock,
hit
are
you sure
the wall
it
rock
1as thrown
~as a rock?
of the house
A
and bounced
not notice
XQ
at
the
walk,
it hit
see it.
to speak
--
Yes,
edge of the wall
not?
of it
I saw it
sir,
it hit
house
below
did
as a
when it
street.
anything
the rock
A I
else?
Yes,
A
strike?
Just
A
the weatherboarding.
That woulr. be only a few inches
would it
You speak
anything.
up on the
How high
XQ
I didn't
you do not undertake
back on the
XQ Did it h1t the house before
did
Mr.
I do not.
Nov,, when this
XQ
may have
A He may have.
the rock was thrown?
XQ You do not kno',7, and as to that
A
you
sir.
or a foot
A sl1ort
from the
distance.
side-
I don't
know
how far.
As far
XQ
A
Yes,
as you saw it
was that
A I don't
XQ
A
nothing
but
that
one point?
sir.
XQ How far
were?
struck
couple
point
from where Mr. Isaacs
and his
wife
Hot more than a co Ple of feet.
know.
of feet
aitra.y from them?
XQ Was it North or south
of' where
A
they
uo, sir.
A It
were standing?
was south.
XQ
South
XQ
Then they
they?
the
A
Yes,
o:f where
they
were standing?
were between
you and where
Yes,
A
the rock
sir.
struck
were
sir.
XQ
They were on the
sidewalk.?
XQ
Vhere was Mr. Isaacs?
A
Yes,
sir.
A He was standing
on the
side
of
walk.
XQ
was
he on the
sidewalk
too?
A Ies,
sir,
he was on the
out-
�'i
'•
�.
'
--41--
aide.
XQ He was on the
sidewalk?
A
Yes,
outside
of the
sidewalk
but
still
on the
sir.
XQ And they were on the inside
-
XQ You are perfectly
certain
of the
A
of that?
MR. CONRAD:
A
sidewalk?
Yes,
Yes, sir.
'3ir.
What do you mean by
they
11
11
?
MR. LEE: I was trying
to Place the position of' these t,hree people,
Mrs.
Isaacs
and her husband and Mr. Mox
Hirsh.
I don't know as to Hirsh,
whether he was on that side or not.
just above Mr. Isaacs.
He •ms standing
WIT1{ESS:
to
XQ What I am trying
mislead
you.
stand you,
so that
the
at the
now, first,
Isaacs
I an trying
and his
0
et at is this.
to have you understand
jury
was st3.nding
on the outside
was standing
on the
with
A
Yes,
of him and she
in front
pavement
with
.
the go-cart
between
between
him and Mr.
sir.
XQ Where was Hr. Mox Hirsh
standing?
A
He ?ras stJ.nding
above them.
XQ He was on the
Yes.
in the
sidewalk
of when the
speaking
XQ
out
He
of him?
Hirsh?
are
on the pavement.
go-cart
of the
XQ And she was on the pav nent
just
I am asking
inside.
XQ He was on the outside
in front
the
to
was thrown where were Mr.
T1iey were standing
A
tr1ring
me and to under-
us both.
may understand
time you say the rock
v1ife?
I am not
A
rock
above
was thrown,
No; l1e was out
in the
them?
A Yes.--
You
are you?
gutter
a Piece
from them --
street.
XQ He was out
in the
XQ You say he was out
on the
but just
edge of the
XQ How near
street·
apiece
in the
from them?
gi.1tter?
A
A Beyond the
Yes,
sir.
gutter
street.
the
end of the
old Pile
of Plank?
A I don •t
and
�,
J
-.
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r
.'.
'
--42--
know.
Not far
from the
end.
-
XQ He was, I under_stancl,
A Yes,
far
nea:r the pile
It
of that
was dark.
ol-d plank?
sir.
XQ How far
ho
say exactly.
I can't
A I don 't- know just
- s he from Mr. Isaacs?
tl1e distance
was.
XQ You don't
know how far it uas?
was it as far as from
where
I am sitting
to Mr. conrad ia?
A something
like that.
where
r -
XQ Let us get
that
say,
in the record.
seven
or ten feet,
HR. Conrad?
MR. CONRAD: something
like
ten
XQ Now, you saw Mr. Mox Hirsh
ten feet
A Yes,
of Mr. Isaacs?
XQ What did Mr. Isaacs
A I don't
-thrown?
feet.
thro
a rock
fl
when he was within
sir.
do imnediately
know v1h t he did.
after
I said
the rock
I saw hir.
vrns
throw up
..
his
arms.
Whether
he aimed
XQ Did he stand
the -gutter
uhere
to strike
I do not know.
he was?
A No, he was at the
when I savr him.
XQ When you saw hir, he was on the
ai:c.
He had moved from the
his
see what_ he did.
hand and. he struck
XQ You have
The next
Baid that
XQ What were you looking
XQ You
at
l1im?
know.
what did Mox do then?
I saw him have
of the road?
to the middle
him going
street.
v1hen :Mr. Isaacs
XQ Did you see :Mox Hirsh
not notice
thing
A Yes,
gutter?
A I
a board
in
Mr. Isaacs.
was somewhere in the middle
lbl.etlu-ew the rock
erlge of the
edge of the
t rew the rock
XQ When Mox Hirsh
didn't
edge of
out
there
v;as knocked
A Yes,
down he
sir.
when he went from where he ;ras when
of the road?
at t11en?
A No, sir.
A I do not know.
and did not notice
on' t know what Mr. Isaacs
A I saw him throw up his
arms.
Isaacs
I did
either.
did when he thre'.ai- the rock
What he n.one I do not
�.'
...
'
..
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.
If,
I
, . •.
,•
'
....
--43--
XQ When he fell
Yes,
A
Yes,
there
sir,
but I did not
A
Yes,
sir.
XQ You saw that
from the
did not
on and looked
in that
sidewalk
one lig11t
XQ
I
rlirection?
sir.
to the middle
se·e hir!l go out
was only
us how
there.
It
on the corner
you sa
thought
I
of the road?
A
was dark around
No, sir.
there.
and you couldn't
plainly
Ar. Isaacs
I
'£here
see Plainly.
;Vhen you saw Mr. Hirsl1
throw
A I saw something.
roclc?
the
going
Yet you mean to say you ca1mot tell
XQ
got
see him.
You were look in..:, in tl1a t direction?
Yes,
street?
by moving?
XQ
A
of the
sir.
XQ He got
A
he was in the middle
XQ How big
was the rock
that
was thro~n?
A
As big as
nv fist.
It
XQ
And the reason
Isaacs
got out
il
with
after
you give
see hin
I did not
aro1..1nd.
XQ Then,
as Mr. Isaacs,
in the road,
I did not
A
looked
·vas not as big
XQ
it
the Plank?
A
011, no.
A
say you do not kno,
was so dark you could
go out.
I did not
how Mr.
not see?
see plain.
I may have
see him.
Mrs. Tutweiler,
the rock
for
was it?
you mean you cannot
was thrown until
No, sir,
tell
rho. t happened
you saw the blow stricken
I do not know what ha:::_)pened between
then.
XQ
walk
near
You see,
Madam, you :put Hr. Isaacs
the gutter
and you pUt Mr. Hirsh
ofl the
edge of the
out :from the
gutter
8ide
some
ten feet f'rom Mr. Isaacs when the rock was thrown: now, don 1 t you
know that Mr. Hirsh vrnnt back17ard to the middle of the road and
was followed
there by Mr. Isaacs?
A No, sir,
I do not.
XQ Are you lJt' epared to say that tl1at is not true?
A He mayhave went backward.
I did not see him go bacKward.
�'
..
�r
•
XQ. You v,ere examined at
the coroner •s inquest
were you not?
A. Yes, sir.
XQ Well
11
ment:
, ~t the cor ner•s
inquest
did you make this
ve.s dark and I c ouldn •t see who was doing
It
the
state-
striking
fl
first,
but
I think
that
A Yes,
I have several
me out of bed after
eleven
XQ You did state
A
Isaads
Mr.
I said
at :u:r. Hirsch?
oade
mistakes
o'clock
in there.
The1 called
and I was excited--
that?
that
but
it
wasn't
XQ, Vlhat day of t he weel~ did
correct.
trouble
this
take
place?
A On Thursday.
XQ, When was the Coronerrs
Friday
night.
A Friday
night.
A
XQ
inquest
held?
Mam?
XQ, It
was held the
next
very
night,
'fnd.ay
night?
A Yea, sir.
XQ,
so
this
whole transaction
Yes,
A
hours
ol~?
sir.
X~ You did state
doing the
vrho it
was only twenty-four
then,
it
was dark and you could not see
first
was striking
but you thought
1-_
Isaacs
Mr.
truck
first?
You did say that?
Yes,
A
sir.
XQ, The matter
that
was perfectly
fresh
in your mind then;
was
a mistake?
A Yes, sir,
mistakes.
I saidt
throw up hie
I was excited
here
that
that
he was doing
arms, but whether
and I made several
night
the
I saw him
striking.
he was striking
at h.im, I do not
know.
XQ. Now, a.t the same time,
didn't
you make this
statement:
in answer
to a question
pe,
a-s
d the
by Mr.
you
Sipe,
_ ation,
��'If,
l
"
Mr.
Sipe
asked
you the
say tr..at Mr. Isaacs
"I think
quest ion
"~hought
made at Mr. Hirsch?""
to them.
When I looked
arru.nd,
trouble.
Then he threw
the rock.•_You
Yes,
after
sir;
even,
paying
is,
any attention
thinking
I wan•t
he threw
you to
Yo answer
It was so dark and I wasn't
he did.
A
unfstood
I
of any
statement?
made that
the rock--
MR. CONRAD:What were you going to eay,finish
answer.
I said
EIT:lf.ESS:
XQ, I am not speaking
of Mrs. Arthur
say here,
"When I looked
trouble.
Then he threw the
the coroner
A
They were standing
XQ, Did.n
Isaacs
had
at
aacs
I said
to it:
the
Isaacs
edge of the
the rock
had made at him or not
pavement.
to t1'..at before
up his
he threw
is
another
the
coroner,
that
the
arms.
quest ion b
away from Mr. Isaacs,
board".
Didn't
Mr.
nm towards
,:you saw Isaacs
backing
with
before
When you testified
at him?
•t you testify
XQ, Now, here
he kept
of any
made at him?
A
ansv;er
rock".
know whether
I don•t
Did you
e ven , I wasn • t thinking
aroltnd,
had rushed
in just
hov,.
Hirsch
you seemed to have have had him throwing
Isaacs
after
Mrs. Arthur Hirsch ran
after
he threw the rock.
your
Sipe,
him?"
and your
"Yes ,sir,
and then he hit
you say that
madam, at
an d
Is-
lllr.
the coroner's
inquest?
sir.
Yes,
A
X~ Wasn•t
A
that
the
How was that'?
XQ, I have read
and I will
read
run tomrds
it
him?"
away from. Mr. Isaac
A
Yes,
XQ, You stated
A
truth?
Yes,
Mr. Sipe's
again.
Mr. 8ipe
YOtlr answer
s,
questionamd
and then
is,
says
"Yes,
he hit
your
to you:
sir;
Mr.
sir.
that
sir.
before
the
coroner'?
to you
answer
"You saw Isaacs
and he kept
rsaacs
with
the
backing
board."
�,~
..
'.
t
'f
�.
'
b
MR. CONRAD: Mr. Lee,
asked you the
evidence
before
COURT:
It
the
in the
r ,
~
We ha.¥e-to
inquest
and I will
read
pap rs?
you the
inquest
shows a.11 the
show it
1 11
use
it
to
be reduced
to writing
office.
is not.
a stenogrctphic
You mean to ask
report.
he ,ritness
whether
she gave
certain
tes-
there?
MR. LEE: Yes,
sir.
XQ, I have
says
to you:
ie:~
Yes, sir,
he hit
you
asked
already.
my question
i_Uestion
"You saw Isaacs
about
run towards
XQ, That
vrith the
Yes
A
XQ, That is /\ t
Mr. Sipe,
and your answer
him?"
You said that
board".
that
beforPthe
didn
and then
•t you'?
rock was thrown.
the
W"ds after
you said
isWJ.at
A
it.
answered
from Mr. Isaacs
and
Mr. Isaacs
and you have
again
I W"dnt to be clear
A Yes sir;
Coroner's
inquest.
sir;
'
rr /-ID
If c-Ai 2.
Yes, sir.
A
XQ, That
that
question
The law requires
clerk's
:MR. F.M{MER: We
timony
from?
coroner?
to.
ought
and filed
THE COURT:
coroner's
the
You r1ean to say the coroner's
MR. SIP-E
MR. I,EE:
you reading
are
again'?
question
--
is not
That
MR. COlffiAD:
---
page
Page 41.
MR. LEE,
XQ, I have
what
is
t,tfle truth,
and you recaJ.l
~-hat now, and you say
now, do you?
Yes,
A
XQ, That
is
A
XQ,
Mr. Sipe
answer
Yes,
sir.
your
" Yes,
hit
A
read
that
again
sir;
Mr. Isaacs
Yea,
is
so there
you: u'You saw Mr. Isaacs
asks
and the,wie
nmiv then,
it?
sir.
Now, we will
is.
teatimoney
s:ir •
a.nd he kept
with
the
can be no mistake,
run towards
backing
board."
him?"
away from
That
is
~r.
right'?
And your
!saacs
��..
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?
•
j
n, •
.
ot +
I
��,.,
. .
I
,. •.
XQ Did that
rock
strike
the
A Mot that
baby-carriage?
I
seen.
That, was the olllY- time you ever
XQ
Coroner's
terns,
Inquest:
Isaacs
they
weren't
A
said
No, sir'
Yes,
that
11
11
sir.
kno
or that
No,
you don't
.Mox make -any threats
statements
said
No, sir,
A
against
before
I \1asn't
Isaacs?
the coroner?
before,
thinking
of what
that.
then,
Madam, were you not?
And swore to what you believoo.
said
were on good
I don I t know.
A
true~n
that
XQ You were on oath,
As I
they
at
sir.
\7hen I
XQ
what·,
estiolll
this
to which you answered,
Did you make those
XQ Wasn't
I
1
by
y·ou ever hear
No, sir."--
A
"Do you know whether
on good terms?
Did
11Q
were you not asked
and Mox Hirsh?
You me3.n
11Q.
throw
sir.
Now, :Mrs. Tutweiler,
XQ
the
A Yes,
was it?
anything,
saw Mr. Mox Hirsh
I
was excited,
to be true?
and I didn't
Yes,
A
Yes,
A
think
sir.
su-.
what I was say-
ing.
XQ Now, ag9.in at
memory by reading
this
this
question
in that
you make tl1at
direction
was backing
towards
backing
{a
1
m?
the other
side
Yes,
air."
A
of the
Didn't
coroner's
soon after
side
of' the
is,
or not.
ras going
Inquest.
the rock
street,
Yes,
11
sir.
He vras going
Mr. Sipe
was thrown Mox
in that
11
A
direction
I don't
away.
av;ay; I cl.01 't know whether
he ms
or not.
XQ In other
after
He
towards
the
and your answer
A
your
When was that?
"Then,
he was bacll:ing
to refresh
nq Then, soon after
and ans1er:
at
the other
:from the pavement1
know v;hether
A
the coroner,
asl<ed you the question:
I uant
from the pavement?
statement?
XQ Before
XQ
Inqi.test,
ias thrown lfox was backing
rock
street,
the coroner's
him;
is
that
words,
right?
he 1:1as going
A
Yes,
away and Isaaos
sir.
was going
�I•
'1
I'
�XQ wow, rtid yo
I didn't
A
1
see
.1rs. Arthur
see her until
Isaacs
towards
is
Mox ano. that
from going after
it
after
Q
A I only
said
Q What did she do?
that
the rock.
didn't
rener.lber
If
A I said
so.
to stop
wife?
She ran
at the
I
coroner
Hirsh
in between
s Inquest:
you spoke of go
Hirsh.
she ran
she interfered
towards
I didn't
she ran
him just
he
You said
see her."
in between
before
them.
I don't
she interfered.
XQ You didn't
said
Mrs. Arthur
A I said
you?
that
statement
women and Mrs. Arthur
11
threw
Mr. Isaacs
mR trying
A I guess
night?
the rock was thrown.
Where did these
in there?
that
A You mean Mr. Isaaa's
Mox?
XQ Did not you make this
tt
1
that
the _..ocl<:. uaR thrown.
not a fact
Mrs. Hirsh
XQ uo; Mrs. Artrm.r Hirsh.
them just
out there
she ran out after
XQ Now, when you saw her,
was running
Hirsh
she rushed
between
r
~
XQ Mr. Si9e
them but
when she ran towards
towards
Mr. Isaacs.
slle interf'ered
what f'or I don't
r you thig
running
to get him back,
A If
see that?
qi1estion:
"
towards
from what I co lo. see.
t.
I
know.
war
was
Which
him?" and your ansvter
He was running
1
I didn
is,
11
she
She ran
·ox and she was trying
Is not that
11--
t:t,ie?
A Yes,
sir.
REDIRECT EXAMINATIONBY MR. CONRAD:
Q In the
answer
all
exactly,
and Isaacs
with
question
together.
now, with
thrown
hit
la~t
an1 that
by that.
I just
I want to get clear
reference
do you mean, or not,
Hirsh
was backing
him, but I don't
point?
know whether
that
question
what you mean,
the roclc was
and the
time he got
:.hat
Isaacs
ran
after
VJ11atdo you mean
statement.
A
and
After
from him?
want to get your mlear
what you do mean to say on that
after
between
the
about
to two points.
was not hit,
the board,
Mo)( Hirsh
Mr. Lee propounded
I think
he was backing
state
that
or
clear]y
he went
rhether
he
�f
•
I'
�.
,.. .
__,
...
'
.ii
--8-was coming the.other
X!ll Q You
say
Mr. Isaacs
for ..ard
say
way facine
him.
li.e", that
don't
11
VIas going
towarc-;.s him,
toward him or not or backing
Q That
subject
what you mean by that,--
statement
as to that;
Mr. Isaacs
whether
back or whether
them to keep both
l{R.
subject?
A
of Mrs. Arthur
Hirsh,
I do not know.
Hirsh
she was simply
trying
sir.
Yes,
let's
interfering.
Mrs. Arthur
get
What is your
ms trying
to get
to get between
What did you mean by that?
from fighting?
I mean she wac, trying
A
Mo:s.was coming
away from him,
as to her
I
A
us who you mean.
but whether
is what you mean on that
Q aoming to this
clear
tell
to keep Mox :from hitting
COMRAD: Very well.
That
her
brother.
iG all.
cnoss-EXAMIU TIO{ RESUMEDBY R. LEE:
XQ Do I understand
Hirsh
interfered
A Yes,
Madarn, to say that
you,
she was trying
I think
sir.
to keep Mo~ from hitting
that
is
XQ Now, I want to refresh
differently
,I
were not asked
Coroner's
Inquest:
in chief.
follow
understand
which
the
..
Overruled.
understand
ask you some questions
what I am tlriving
I am going
them.
by Mr. Sipe
of' the
vii tness
and question
XQ I will
at the
and if' you did not
give
as returned
me
questions
answers,
into
at
the
examination
you will
if
and. i:f you don't
at do not answer
to read
coroner's
bec~use
changed,
ask you this,
these
Now, Mrs. TUtueiler,
(Mr. Conrad objected
testimony
sustained
I will
these
to going
objected
to do.
You told
I want to know if
you did not give
by court.)
m11exactly
were asked
answers.
youI· memory again.
(Mr. Conrad,
me closely,
do fully
and if
Isaacs?
:ihat she 'Has aiming
think, a moment ago.
you,
when Mrs. Arthur
until
you now the
Inquest
counsel
you
questions
and your
was not reading
by the
coroner.
from
Obj action
as follows:}
were you not asked
the following
ans,,ers
these
questions
to them at the
coroner's
�. '
�--s-:-Inquest:
Where did
uQ
of' io in there?
do?
If
A
she ran
but I said
there
XQ You admit
;}
XQ I will
l!~ou,
Mrs. Arthur
towards
him just
I was excited
go a little
further.
coroner?
towards
towards
f'rom what I could
vrnat did
Q
he threw
yot
statement
sir.
when she ran
Hw was running
bef'ore
you spoke
the
she
rock.
say that?
Yes,
A
is where I made the mistake.
which we say ~as propounded,
running
Hirsh
Hirsh.
see her.tt __ Didn't
tl'liX:k you made that
A Yes,
Inquest?
women and Mrs. Arthur
said
I didn't
she interf'ered
sir,
I only
A
said
I
these
bef'ore
She ran
A
Mox and she was trying
A They vere both
question
will
I
towards
ask
:Mr. Isaacs.
to get him back,
you make that
standing
there.
"Q Which way was she
was this:
see.n __ Didn't
Coroner's
and I ma.de the mistake
The next
him?
the
statement
bef'ore
the
--
You were just asked whether
you made that statement
at the coroner's
Inquest?
THE COURT:
WITNESS: Yes,
I know.
XQ Is not that
I said
the
like
that
statement
A Ho, sir,
t1--ue?
it.
it,
I said
XQ Do not you recall
you if
and that
you three
I didn't
A
say it
too,
but
statement
I told
that
just
you why
A No, sir,
I didn't
was what you said
or four
was the
twenty-f'our
not
mean it
while ago I read
a little
to you and asked
I asked
you made then
was not the truth?
occurrence
you said
I said
I made the
that.
XQ Then,
after
statement
sir,
times,
truth
in
and you said
that
that
it
I told
way.
e7..actly
in that
that
and if
hours
way.
statement
uas true,
was true?
you why
it.
DIRECT EXAMINATIOM
RESUMEDBY MR. CONRAD:
Q Mrs. TUtweiler,
understand
--
of' the
Inquest
you were,
you 11ad gone to bed and gone to sleep?
Q And an officer
had to dress
at the night
came and aroused
and come down here.
you?
A
Yes,
A
sir,
as I
Yes,
sir.
nd I
�t
.
'
•
�,,,.
--1
Q
court
House,
here?
I
c ircwnstanc
A Yes,
Q
coroner's
es?
And the paper
Inquest,
the gentleman
has
A
sir.
here,
Yes,
under
I was.
to which you pat your
is J, not
to testify
I understann.,
sir,
was the paper
there,
wai ed for you to come to the
s Inquef1t
And you were brought
Q
those
While tl'te coroner
name, as a Part
here
in
my
?
A
Yes,
hand,
and not
of the
the paper
sir.
c011ra~1, will
you introduce
paper,as
~axtx<Xf the coroner's
Inquest,
in this case?
MR. LEE:
Mr.
that
MR. COWRAD: no,
MR. HARFas:
sir.
Then we move to strike out
question
and the answer
the last
thereto.
Motion ove!"ruled and exce:pi1on noted for the defendant.
Witness
told
to stand
aside.
�..
�--54--
MRS. ARTHUHHIRSH, examined
are the
Q
You
Q
And your
You were a sister
Q
He
:married
Q so that
Q
Q
Yes,
A
in this
A Yes,
cating
on picture.)
And the house
is
And between
your
A
On rrv house
there
sir.
houses,
there
(indicating.)
out
You see the
door right
there
old Mr. Hirsh
and. l1is
daug._ters
as killed,
A
of the house
and t·heirs
you live
(indi-
and
in?
this
Out of the front
one here
Q
What did you see as
what did you d.o?.
that
Re was standing
on this
side,
doors
opens
on the
this
your
night
did you come out of,
pavement?
thing
this
A Yes,
to
and said
there?
sir.
And then
I saw when I came out was Mox
rater
street
like
Don I t hit
11
of the way, and after
that
outside,that
soon as you ca11e out
and Mox had what looked
me to get out
porch?
door,
neare8t
him and I went up to hin
side
porch.
con:fusion
A The first
Hirsh.
is a little
sir.
which of these
This
Who is
.
Yes,
heard
Q
Q
right
three
one d.oor comes open right
is a little
A
Q When you first
he told
sir,
Yes,
south
house
Q On your house?
one here?
sister
sir.
Q
.r
and the
one of these
house,
just
sir.
of Mox Hirsh
A
in which
one or two sons live
sir.
sir.
picture?
of the
Yes,
A
Yes,
A
!1ome was the middle
pavement?·
broth
sir.
you came to Harrison-
Isaacs?
sister-in-law
Isaacs?
on the
A Yes,
Yes,
before
Miss Emma Hirsh?
And the doors
Q
Commonweal th:
Hirsh?
Louis
of' Mr.
you are
And your
shown there
for
sir.
Q
of Mr. Louis
of Mr. Arthur
'home was in Baltimore
A Yes,
burg?
vife
by Mr. Conrad
knoclced you down?
and nw brother
a board
raised
him ui th that,
that
A
he knocked
Mox Hirsh.
was
to strike
11
and
me down.
�'
,-¥,.
·~
l
;.
'
•
"
' '
�--G5Vfhere did he strike
Q
because
my nose was dislocated
At what point
Q
on the pile
of
There
was the
mixing
of the little
Q
right
that
where
lumber
The mixing
there?
A
board
Yes,
On the north
Q
there?
Yes,
A
Q
the
this
A A little
the middle
pile
.
there
little
of street).
(indicating)
pile
of lumber
brother
south
It
side
and there
was on this
side
in sit
mixed mortar
of trash
and trash
of
standing
and stuf:t'
that
vas
or the
or r1here?
A
to me like
by
edge of' the
lil,:e
the
the mixing
lumber
board
gutter
they
board
or in
were on the
edge of the
sicte walk
pile.
mixing board
A
TheAwas closest
kKXN~sx«i~ae they
Of course
1as
From
to this
out and Mox had this
Looke
That was close --A To this
How close to the mixing board?
Q VDI.a ~sx~iGs~stxt~xthExxtmocnx»ii»i
It
A
mv door.
Lookerl
to the lumber pile.
come :from?
1:1ith reference
when you ran
on the pavement
sidewalk.
mixing board.
Photograph
the Plasterers
Q
.
out by the
on our house.
of the road
edge of the
witness
--
mixed mortar.
now·, where was Mox Hirsh
Were they
street
Right
A
sir.
Where had
Q
face
sir.
of
were was he and your
up?
in the
or trash.
that
a room we were building
Q
on the
right
they
pile
been
wre re did you fall?
was out
of lumber
board
must have
afterwards.
Conrad hands
(Mr.
was the pile
It
dirl. you fall--
of lumber
the e,utter.
A
you?
were close
but near
to the
to the pile
of
lur::ib er.
Q
lower
Pile
Were they
side
than
on the upper
of the mixing
the mixing
board.
Q
Did it
A
of the
It
pile
of lumber
was _nearer
or on the
to the
lumber
looked
to me like
board.
Q Mox had a board raised
a 1'oard raised
side
up?
A Yes,
sir,
up.
look
anytl1ing
lil e this
board?
(Exhibiting
board)
��'
,f
,. •
--56--
Looked
A
something
Q You ran up
him with
that,
lumber
sir,
struck
me to get
Yes,
A
out of' the
sir,
Don't
I said,
hit
11
war-.
and knoc}'-ed ne do n on
pile.
because
then,
I was knocked
when he struclc
dm·,n with my back
One went one way and the other
could
board.
A To Mox Hirsh.
y~~?
Did you see him,
Q
that
who?
and he told
11
Q He then
his
tp
like
went the
your
brother?
to,;;ards
the
Mo,
A
street.
way, from what I
other
see.
Did tl1is blow you received
Q
conscious?
A It
Q What effect
so the physician
Q
daze you at all
did not make me unconscious;
dirt it
have on your
had to straighten
Did you see Mox after
it
that
dazed me.
A
nose?
that
or make you un-
Dislocated
it
night.
time on water
street?
A Yes,
sir.
Q Vfhat took place
was going
for
the police
I went do n th re
Q
her
Don't
tell
I was going
standing
there
the police,
I didn't
down there?
an
I started
one of' the
girls
f'or the police.
on the
and I don't
street
around
--
I said
water street.
came to me and said
what she said.
What did Mox say?
I
Before
Don 't --
11
A I told
When I vas coming back he 1.1as
and I was excited
remember his
keep my mouth shut,
trouble
A l followed
it
and was talking
exact
words,
was to the
effect,
but he says,
I would get
about
if
in
too.
MR. LEE: we object to the witness
stating
the effect
of what was said, and ask
that she repeat what the man said.
THE COURT: Give t11e words as near as you
can; but if she cannot state
the
exact words she can give their
effect.
WI?UESS:
Q
\'Ilia
t were his
A I do not
recall
I don't
ilOrds as near
his
exact
remember his
as you can recall
words but
that
exact
tliem?
was the effect.
words.
��•
'
,''
r
..
.
.
--57-Q Vlhat was it
mouth
shut
in reference
I would get
that
to?
into
MR.
Do you know whether
brother,
Mr. Isaacs?
bad terms
from the
You would get
HAM1fER:
in trouble?
It was said -- what I taken it
that I would get harm done to me.
Mox had been on bad tei-•ms with
From what I could
A
keep my
trouble,too.
WITNESS:
for,
Q
if I didn't
A That
day that
brother
my
understand
your
he was on
and my sinter-in-law
were
married.
Q
Now, after
got up from there
brother
you were knocked
where vms your brother
was laying
in the
Q Who was with
He was sitting
Q
Q
her
down on the
A
lap?,
Yes.},.
It
and Isaacs
pile
and
then?
A
My
street?
him at
About what place
head in his
down on the lumber
that
moment?
street
there
A
I
with my broth.er
f3
in the roac1. was I1e, with
house and Mrs. Myers'.
there
It
and more towards
was right
there
s father.
head in his
Do you know where Mrs. alatchey
wars right
I
.Myhusband
lap.
your brother's
lives?
the yard,
towards
tm ards
that
Place
somewhere.
Q Was his
center
near
body laying
of the road,
or on the otlier
as I can remember
towards
on this
Mr-s. Olatchey'
side
of the
s center
or in the
side of the Rtreet?
was more towards
it
street
the center
A As
of the
street
side.
MR. HARRIS:
More to1ards
rs.
Clatchey's
side?
WITNESS: It seemed that
Looked like on that
Q
he stay?
Q
Did Mox Hirsh
A No, sir,
sleep
he wasn't
Wbere did he stay
see him after
at your house
that
sleeping
night?
I saw him on \Vater street.
that
·way. I don't
side.
night
or where
at my house
A
I don't
that
know.
know.
did
night.
I didn't
�...
�'
' II,
. .
,. .
--58--
The Court:
Where was his
WITUESS:
sir,
Q
That v,ras in tlle corner
Q
Was your
brother
a large
was he a strong
muscular
Yes,
A
man, at
that
time?
f'a ther.
With hi.
house?
home at
all,
sir.
Hrs.
Hirsh?
No,
A
he was
Q
o:ften
noted
between
and he was so frail
looking
about
difference
tho
man, or not?
he and I,
looking.
No, sir.
A
that
People
I was so stought
They would of'ten
tease
me
it.
Which
Q
he or Mox?
looked
rnuld ym.1 say appeared
Mox always
A
looked
had a Pale
Pale
to be the
stouter
than
larger,
1a.n,
stouter
Lou, f'or Lou al7ays
appearance.
ua. HAR.t"1I
s: \'hat sort
WITHE
ss:
Pale
A
of' appearance?
appearance.
OROSS-EXAMIHATION
BY MR. LI:E;
XQ Mrs.
A
Yes,
XQ
It
the midclle
is
Yes,
A
This
lumber
some ,rork that
XQ
ing
right
one of the
door
attracted
then
pile,
And that
"las
in :front
that
laying
rock
night?
A
f'irst
Was what?
XQ
That vras the first
110uses we have been t lk-
of old plank,
our house?
nearly
were the remains
A
in front
Yes,
any loud
I was back
t~lking
of yo 1r h.ouse?
in
bef'ore
A
you came to
ry dining,Toom.
What
was the rock.
A The rock
thing
thrown
up against
you heard?
A
11ryhouse.
Yes,
loud
I don't
was throvm.
talking
f'olloued
remember.
the
I heard
sir,
and
thro~r;ring of' the roclc?
loud talking
of'
sir.
talking.
So the
A Well,
three
of my house.
my attention
the loud
pieces
had been done on
XQ
XQ
to Mr. Ludwig Hirsh 's?
sir.
XQ Nou, had you heard
your
is next
sir.
ing about.I
XQ
your house
Hixsh,
before
the
Lay-
�'·
,.
•
.
'
�.
'
--59-\
You heard
XQ
mean after
the
loud
rock
XQ After
talking
before
the rock
A
·:ms thrown?
I
was thrown.
the rock was thrown you heard
loud talking?
Yes,
A
sir.
XQ
Do you kno 1.v
XQ
You don I t know?
I heard
the rock
ose voice
',7
thrown
it was boys out there
because
wanted
on?
A Ho,
to see who threw
XQ
A Yes,
You wanted
often
the loud
How did you happen
XQ
No, sir,
A
A No, sir,
was?
I don't
I had no idea
XQ When you heard
\vha t was going
it
talking
know.
know, because
what. was goin
there
I don't
on.
0
ihen
I thought
is -that
gave you no idea
of
sir.
to come to the door?
the rock up asainst
to see vrho threw· the
Because
A
I
the house.
rock against
the house?
sir.
XQ As I understand,
where you could
as soon as you got
see you saw Mox Hirsh
to your front
and your brother?
door
Yes,
A
sir.
XQ
sidewalk
On the
right
street
next
on the
curb.
to the
curbing?
XQ They were on the sidewalk?
XQ
Both were on the
XQ They had not
curb?
A
Didn
I
may have been in the
XQ
or just
Rigl1t bl'! the curb.
then?
of':f the
to me that
!:lir.
but were next
sidewalk
they
Yes,
A
11 ere
off
the
to the
sidewalk.
They
gutter.
They were right
on it?
sidewalk,
gotten
t look
A
They were on the
A
on the
edge of the walk,
ei t11er just
off
A vrnen I came out of the door he was on the
edge of the wa 1k
XQ
Where was Mrs.
nw excitement
Isaacs?
A
I didn
I
t take
any notice
in
where she was.
XQ You didn't
take
any
notice
where
she was?
A No, sir.
�If,
f
•
�,.,
..
.. .
1
..
'
--60--
XQ Then,
I understand,
saw your brother
Mox on the
XQ About
to strike
XQ And you were
nearly
edge of the
And Mox had a :piece
XQ
sir.
wnen you got
Yes,
A
it?
in your
rront
door you
Yes,
A
sidewalk?
of Planlc upraised.,
uith
then
to the front
sir.
Yes,
A
lil-ce that?
sir.
door?
When I got
A
up to th em I saw that.
XQ What we e t11.ey doing
to me they
XQ
them?
were
togethe
like
th"'Y were
Yes,
sir,
that
Who was doing
XQ
going,
and like
saw them?
Looked
A
•
Lo0ked.
A
both
going
when you first
going
is what it
toget}1er
looked
the going?
when you first
to me like.
Looked to me like
A
sa 'l
Mox was approaching
on hin
mostly
Mox was approaching
on him Bostly
they
with
were
the
board.
with
XQ Looked
like
the board?
A
my
they
was your brother
were standing
XQ How far
suppose,
looked
XQ They
A
Yes,
!llere about
He was coming
the
four
street,
when you i~irst
length
feet
of that
house?
like
A
this.
saw them?
A
I
table.
a:Part when you :first
Ba'17
them?
sir.
towards
each oth-ir,
on him?
or did
No, after
A
that
me down?
am not
you got to them.
Yes.
men m0ve close
and the ot er advance
Aft er he knocked
XQ
A
him and your
on the
apart
to me like
still
XQ I
house?
betveen
lengthwise
were they
XQ Then did both
one stand
your
brother.
XQ Well,
sir,
, ir)
sir.
was Mox coming towards
XQ
towards
Yes,
(Yes,
talking
about
A Before
A
I don't
that;
I am asking
you about
before
I got to them?
know vrhether
they
advanced
after
I
started
MR. CO~RAD: Let her
fininh
her
answer.
No,
��.. .
,,
--61--
What was the
WITi-ESS:
My question,
XQ
door,
before
Alright.
XQ
of this
is
you even stepped
and Mox Hirsh?
bfother
clown on the
sidewalk.,
where were your
They were on the curb.
A
far
Hovi
when you got to your :f'ront
this,
apart
were they?
About the length
A
table.
Were they both
XQ
other7
A
that
How far
Mox Hirsh
aero ss the
the
on
on your
rey
on the
brother.
brother?
He had
A
-U))lifted?
sidewalk.
halfway
across
the
sidewalk?
A'tl>out
A
sicle,;mlk.
You had gotterr
XQ
was advancing
were you from him when he had the board
Had you gotten
half-way
or was one advancing
Mox was advancing
A I was going across
XQ
still
'.7hen I got'l' nearly
board uplifted
XQ
standing
LooAed like
Lookei
XQ
the
adam,
question.
about
half-vray
across
the
A Yes,
sidewalk?
sir.
Then what precented
XQ
board
while
walk?
ran
you were travelling
I got
A
there
the
I ran.
them?
other
him with
half
the
of tile side-
When the board
A Yes,
What were you strucl<. with?
hand or his
v1as up I
A
It
sir.
seemed to me with
his
fist.
XQ
Vlith his
XQ
You were not
I was struck
hand or fist?
struck
vri tl1, but
You cannot
XQ Do you
I
across
so quick,
XQ You ran in between
XQ
from striking
een them.
in bet
XQ
Mox Hirsh
knOYJ
A
It
the
·ri th
seemed to me that
A I don't
board?
way.
know what
I was struck.
tell
Vli th
what you TTere ~truck
Vlhich
with?
hand Mox struck
you?
A
A
No,
sir.
No, sir,
do not know.
XQ You do not kno·.':" that?
XQ
What v1as your brother
A
doing
No,
sir.
while
ox was strilcin
0
you?
�.
,·i
l
•
�,
t
_-62--
A I had my b ck tovards
XQ
You had your back
towards
XQ
Isn't
ad.am, that
it
you rushed
out
brother?
A
that
him.
a fact,
was,
there
sir,
No,
not?
"Hit him,
that
No, sir,
It
XQ
You did not do that?
XQ
Did.n' t you
is
is not
A
say,
Kill
it
XQ
Did you. say anything
I
is not
true?
say arw thing
did
Don't
hit
11
It
XQ
saw
looked
No, sir,
A
like
kill
l1im"?
tl1at
is not.
say that.
No, sir,
A
at all?
to your brother
A NO, sir,
at all?
No,
A
--
like
brot11er
1I'
towards
this
give
finally
Mox.
( ind:Lcating
)?
in this
When I
A
and I will
picture).
is not a fa t. that
located
fell?
me the picture
(Hands witness
it
picture?
slloi you.
I would
your brother
were where the man in the
vere up this
And you tell
those
A All I said
at all?
A
like
fell
Just
about
about
t11ere.
His feet
raised
brother
of Plank
up they
v,ay and his
the jury
,ere
two men?
Plan.1<. dovm anrt then
carried
fell
out
he fell
sir.
is?
head was down this
edge of the
A Yes,
it
shirt-sleeves
t11at when you f'irst
on the
XQ And when your brother
locates
not
that.
t.rn men are
XQ His feet
board
I did
and I had my face
uas a piece
do that.
about
XQ
that,
in the road
I will
where these
A
to your
true.
to your brother
to stop your
to ask you, Madam, if
there
sir,
111.J, Lou,
Do you know where yo
im lying
XQ
speaking
11
when
to my brotlier.
hin1 with
XQ And that
A
him,
you said
not.
XQ Did you try
ras,
is not
lP,
XQ You did not say anything
air,
thing
either.
true
That
not
~irst
Lou, hit
A
11
XQ
I did
the
not true.
is
XQ
Yes·, sir.
A
him?
'l
}.1oxhave t11e
sidewalk?
A
out where that
He may have
or picked
sa
way.
Yes, sir.
picture
· opped the
up another
)n~.
�•1
I
I
¥,
I
'
•:
...
�...
'
--63-XQ ·I am not
for
only asking
your
you 'iv'ere knockei
time I san
my
discussing
d01.11n, do _you?
brother
laying
brother?
A
No,
That
1s a theory
No, sir,
A
in the
not until
has not been
after
the
on good ter
s
1111th
your
any of the Hir::,hes,
you?
That is not the question.
This is not t e trial
of the Hirsh
but it is the trial
family,
of Mox
Hirsh.
MR. CONRAD:
MR. LEE:
I simply
want to show the relaof the witnosR to the Parties.
tion
TH~ COJRT: I expect
the
testimony
you had better
to the accused.
MR. LE.!-::: I want
to shoc1
ask a few questions
Honor rule t em out
exception.
I think
evidence.
f. XQ You married
a son of Mr. Ludwig Hirsh?
I
What is your husband
XQ
XQ How long has
lox Hirsh?
A Let's
to house-keeping.
it
been
see~
That
s name?
since
f'our years?
A
Yes,
XQ I am going
speaking
years
to ask you if
Ar.· Ludwig Hirsl1?
is
a fact,
XQ You have
sir.
Hirsh.
terms
to me before
1go last
with
I went
spring.
terms
for
about
sir.
time you have not been
XQ That
Yes,
you v!ere on speaking
He stopped
was four
Arthur
A
confine
the anirrus.
I will
and let your
so I can ta1ce an
thii:i is :Pertine_ t
A
XQ so you and Mox have not been on speaking
f'ather,
after
sir.
I
long
I am
street.
XQ You have not been on gooi;i terr. s with
have
o:f your.
You don I t know what happened
testimony.
You say Mox Hirsh
XQ
that.
it
is not also
on speaking
A
too,
Yes,
is
it
a f'act
that
for a
terms
with
Mos Hirsh 's
A
Yes,
sir.
sir.
not?
not been on speaking
terms
with hin?
A
Yes,sir.
MR. CONRAD: I want to object.
MR. LEE::
XQ Uow, don't
ans -rer until
I thought
the Gentleman
so,
understand.
has
an opport
mi ty
��"
--64--
to object.
been
Isn't
it
on spealcing
also
terms
a fact
that
with your
for
a long
brother-in-law,
speaking
it
terms
L13on Hirf1h?
Hr.
Objection;
sustained;
the accused.
XQ Isn't
time you have not
exception
noted
for
a fact
that for a long timt3 you 11~ve not been on
your
the daughters
of l, r.
any of iiHie isters-in-law,
with
Ludr1ig Hirsh?
Objection;
sustained;
the accused.
XQ Is it
bet'.veen
not a f ct that
you and all
a number of years
for
I
of the Hirsh
s have
terT"1 1:1ith the
not been on speakine;
exception
been
XQ You spoke of going
of Hr. Ludvrig Hirsh'
twice?
A
A
·ms only
there
went towards
stable;
twice
the
XQ GoinQ for
broth.er
hi
of fact,
roundly?
laying
A
in the
t.o our family.
XQ Is
that
XQ Didn't
XQ
all
U.!.)
night?
go to the
then?
street
For
A
A
Yes,
the police.
sir.
were not you after
I wasn't
him.
abusing
was standing
he
and said
Mox and were not
After
a little
You have
I saw
distance
caused
11
enough
11
you said
you abuse
You '.vent
that
A I didn't
then.?
away from him and I went u.9 to hin
trouble
stable.
t}ie
in ti1at neighborgood
for
the police?
XQ As a matter
my
you e;o do1,711there
stable.
XQ vrnat did you go for
you abusing
didn't
once.
What did you go there
XQ
for
in the neighborhood
say I went to
A I did.n 't
stable?
Didn I t you. go there
I
noted
V erei
XQ To the
XQ
exception
stable
trouble,
thig
and you have
f•1mily?
do n to the
s a±"ter
for
the relations
strained
Objection;
sustained;
tl1e ace sed.
I
noted
to him?
him pretty
to him?
A
A
That
roundly?
Yes,
sir.
said
is
all
I
A
No,
sir.
I said,
to him.
"You h ve caused
�..
�..
'
--65-
enough
trouble
He did not
XQ
pi le
to our fa1nily.
stri.~e
A Didn't
you?
he strike
me on the
of lumber?
He didn't
XQ
you a second
strike
XQ He was close
enough
time?
to strike
A
you,
sir.
No,
wasn't
he?
well,
A
he could.
vrnat ans 'Fer did he make?
XQ
something
but I don't
You don't
XQ
brother
1as hit,
H~ S!iin.
reI!lember l1is ansuer.
remember
XQ As a matter
I don I t remember.
A
what it
did.n I t you that
of fact
didn't
A
was?
you actually
sir.
No,
night,
strike
after
your
Mox Hirsh?
Ur.
No,
A
indeed.
Are you sure
XQ
1rs.
XQ
your
1 r.
husband,
Mox Hirsh
band
Hirsh,
and hit
that?
A
A I am sure
of that?
after
you
~ot home that
Mox Hirsh
's brother,
him with
a stick:
night,
tllat
didn't
your
tell
Mr.
o 7n hus-
him --
MR. COHRAD: I object
bet 111e
en husband
ed.
I frankly
about that.
that.
yo1
you had followed
dirln I t you tell
W'.ny, no I did.n I t tell
MR. LEE:
of it.
~
because
and wife
corm:!ru.nication
is pri vileg-
say you are
_ight
I did not thinlt
withdraw
the
about
question.·
I
DIRECT EXAUINATIOHRESUUEDBY MR. COHRAD:
Q When you v1ent u:p to Mox Hirsh
you found your
ing tl1en?
Q
A
brother's
Vhat is
bocty
brother's
in the
when yo
body" lying
1
after
where was he stand-
went up to him just
Do you kno'.': ·.•rhere the trees
af'ter
in the road?
MR. HARRIS: Object
tion in chief.
A
road,
just
that.
Where was Mox standing
you found your
lying
and spoKe to him,
are
to going
in f'ront
of
li
into
rs.
examina-
Myers'
house?
��--66--
of
Q
On the west
side
Q
These trees
up here
A
Yes,
the
sir.
side.
picture)
There
Up along
either
about
on the
further
T11e jury
A
Yes,
Q
He was standing
picture
he had
in the
was taken
on the
trees
cornerr
righthand
1. iddle
A Yes,
and second. tree
or east
of 1rs.
It
sir.
there
from up at
side,
in front
is
saw the
trees
}yers'.
nust
--
and Mrs. Myi::rs'
have been
loolcs
to me maybe
houAe near
the
corner.
sir.
there:
what
r/':l s
he· doing?
He turned
A
around.
When you spoke to him about
Q
of Water street?
away.
Q
and looked
corner
sir.
He was standing
This
the
bet 1een t11e first
a little
to the
are no tre.es
here
Hert} iR her house
A Yes,
t} e trees.
Q (Exhibiting
street.
next
shov1 you.
I will
road between
Water
of German street?
A
to do in selfdefense?
it
he say what he had done
did
io, sir.
I don't
remember
what
he said.
MR. SIPE:
· ago
We object.
She said a moment
she did.n' t knot1 what he said.
Q I did mean to ask you this
your
brother
ground
been
!Vas struck
by Mox, either
or when he was being
carried
or render
one ~1estion,
in the house,
any assistance
carried
did
or help
while
,rs.
he vas there
in the house
Mox tender
Hirsh.
his
or after
services
After
on the
he had
in any way
t·owards him at all?
A
I did
not
see any.
Witness
v.
L.
Q
You are
Q
As night
told
to stand
aside.
BAUGHER, exam:i,ned by Mr. Conrad for
employed
watchman?
Q And the tannery
German street?
at the tannery,
A
Yes,
Q On the southeast
is
A
just
Yes,
I believe?
on the
A
A
Yes, sir.
sir.
corner
sir.
corner?
conl!.onv1ealth:
Yes,
sir.
of Water st eet
and
��... .
...
--67--
Q well,
did you see Mox Hirsh
A Yes,
was killed?
Q
the
of the
Louis
Isaacs
about
opposite
stable.
did he leave
That
there?
is on V/ater
stre
t?
sir.
Yes,
WITMESS:
said
that
seen him over
A
MR. HARRIS:
Q w,11,
night
sir.
Where did you see him?
ladies'office
the
Yes,
A
,
sir.
He left
there
and
to George Gatewoods.
he was going
Q
Who did
he tell
that
Q
Where were you at the
spoke
A
to?
it
so anyone
could. hear
it.
the
tannery
yard
side,
time?
you know.
A
scales
he wanted
as if
Q
his
Who ,as he t· lking
Who was over
father,
I don't
them all
~uat
A
that
I
to the
street.
of tlle scaleS..
this?
A
He spoke
it
it.
to, his
he was talking
think.
Mr.
Leon and Joe,
brother,
and some others
remember which.
Q His brother
were
to hear
over on
You mean abo tt ·where the
are?
to when he spoke
there
or who?
come out
BY tl1e side
WITHESS:
Q
I was just
I hacl just
MR. HAM fER:
Q
Me?
Leon and his
brother
Joe?
A
I think
they
t ere.
Q And they
Q And you
tannery?
A
Q
Inside
was standing
Q
were over at the
were over
Yes,
on the
stable?
other
side
street
at
the
in the
alley
there?
A I
in the alley-way.
Then he left?
A
Yes,
sir.
MR. HARRIS:
What time
MR. CONRAD: He did
Q
of the
sir.
sir.
of' _or below or standing
out
Yes,
A
When he l~ft
there
did he have
not
any coat
did you say tllat
was?
say.
or hat
on?
A
He
�f
•
�,.,
'
,
...
l
--68--
didn't
have
Q
Did he leave
Q
The next
I seen,him
and I don't
any coat
leisurely
In the alley-way
Q
The jury
streets
will
better
~
this
here?
A
Yes,
Q
Bruce
has
me.
sir.
perhaps,
wit11 a little
A Yes,
sir.
of' German and water
from Water to Bruce
tl1roug
:from Water
t11e one that
office
Gatewood lives?
runs
goes across
A I don't
streets?
to Bruce
behind
and the Episcopal
Q And in going west it
George
that,
on the corner
through
runo
is
up by Gen. Roller's
Yes,
A
two buildinQ"s?
clear
that
Street
behind
time
sir.
e tends
sir,
you?
understand
one is right
A Yes,
Q And it
A The next
baclc of' me, right
back behind
The tanery
say,
A He ':vaL~ed pretty
or in a hurry?
he was in the alley-way
explanation.
he had aey hat.
time you saw 1im where was he?
Q
Q
think
the
streets.
tannery,
church?
Yes,
A
the railroad
right
sir.
to where
knov where George Gatewood
lives.
Q Don't
you.
Well,
it
:>oes on around
by the
foundry?
A
sir.
Q This
is Bruce
street
back here
street
in :front
o:f the
tannery
water
German strtJet
is another
Q
A
Yes,
Q
three
along
tannery
And that
extends
And there
is
to the corner
Yes,
A
clear
still
at the
Q The Hirsh
The livery
Q Tne office
buildings?
(in-icating)
no\v, next
building?
and this
throug
is
and this
in
building
there
sir.
:from Water to Bruce
street?
sir.
buildings
Q
here:
(indicating)
A It
another
tannel'Y' all
stable
is
stable?
is
about
building,
tl1en?
running
one vraY.
on water street?
A Yes,
Yes,
sir.
sir.
opposite
would be near
A
There
A
about
which one of' these
opposite
the alley.
thre
are
Yes,
��.·..
.
--69--
Which alley?
Q
·A
This
Q That is the first
street
fro_
that
time you sa
the
A Yes,
around
over
Yes,
runs
Yes,
Q
A corner
Yes,
sir.
Q
That
is
not
alley?
back across
the other.
Bruce
sheds
goes?
Street
and into
and curves
Bruce
street
right
of the railroad?
the m.~in line
Bruce
from thwards
street
a Pllblic
Well,
A
street,
people
He was coming,
that
trn--ough there,--
can pass
through
alley
it
is
there,
way?
not a
aruone
,.1ants.
Q I
left
second
the railroad
where George Gatewood lives.
towards
A
that
which
goes up through
crosses
there
from back
pUblic
the
sir.
A
then,
street
sir.
up through
and comes th1--ough the bark
where Bruce
down Water
sir.
the railroad
Q That railroad
)
in "lhich you saw Mox Hirsh
th~ alley
sir,
No,
(indicating.
come to in going
y~1
A
alley
him?
Q That is
A
alley
Germ:J.n street?
Is
Q
one here,
for
Q
around
. snot
the
an open alley?
It
Ptlblic.
And you,
as
in there?
was left
mtchman,
A
A
Yes,
for
are
No, si:r;
their
supposed
I did not
Q
ed. hell,
did he make to him?
he says,
st out
of that
to jump on me and
no more than anvvne
Q
knocked
Q
to keep
people
from being
asked
about
hin VThat had happened.
ask him.
"He came there
him --
was not
own benefit.
ask him anything
A Mr. John Branner
What reply
11
It
sir.
Q Now, did you ask him or anybody
what had happened?
no sir.
Brother-in-lallT
hell
out
Did he tell
11
brother-in-law
11,
he says,
of mine.
I knocked
11
1 knock-
11
He said,
11
hell
out of
would do."
had come there
of l1im?
we11y he said,
A
· A Yes,
and jumped on him and he
sir.
you what he "knocked
hell
out
of him
11
with?
�..
�. ,,
..
l
•
•
l
--70-A He did not
say.
Q Did he seem to have any regret
Well,
Q
He didn't
Q
Did you see this
dovrn Water
that.
let
street
on that
it?
wayo
Ho, sir.
A
Mrs. Artlm.r Hirsh,
Mox speak
come before
then
-
A
to her?
before
a:fterwards
coming
That was be:fore
he went away.
he went a.1ay coatless
and hatless?
A
Yes,
he got away.
Did you hear
Q
on that
vmy?
lady,
Y-Ju me'1n, before
before
let
and hear
I seen har
Q
sir,
no, he didn't
A
about
v1hat he
sairl. to her?
No, sir.
A
OROS-F.XAHIUATIOU
BY MH. HA: ER:
.Mr. Hirsh
XQ
with
him,
XQ
A
ras crying
was he not?
HO\'l is
No,
tine
you had the
conversation
Ho, sir.
A
that?
at the
( r.
Conrad:
He said
No, sir
11
11 ).
sir.
I don't know that it
ascertained
what time that
time o:f night was that?
MR. SIPE:
has
was.
been
What
A 11 ttle bit be:fore dusk --very
I don't kno•1 rlhat time.
I
little.
didn 1 t look to see what tine
WITNE, S:
MR. LEE:
It
was a little
WIT1i1.:SS: It
was getting
gotten
MR. CONRAD: Mr. Baug1er,
that
Mox Hirsh
that
was a little
uarte that
bit
after
dark
ms it,
Q
day o:f July
Hrs. Hirsh?
And he died
A
later
Yes,
dusk?
hadn I t
but it
dark yet
ms just
before
dusk
them vmrds
but very :few mimttes.
aside.
by ,ir.
Conrad:
was tlle date
sir.
in that
d.usk,
A When he spoke
to stand
MRS. ARTHURHI :tSH, recalled
The 29th
it
you said
statement?
WITUESStold
Q
entirely
before
nig
t?
that
! r.
Isaacs
was
struck,
�I
,
.
f;,
I
.
'
....
�.
'
--71--
A After
midnight
sometime.
night?
A Yes,
Just
about
2 o'clock
or there-
abouts.
Q Of that
sir
--
Q Abont what time of the night
occurred
Q
eight
when he ·ms hit?
A It
Vlhat would be your
judgment
or nine
was between
the
_our,
A
o'clock?
eight
it
and nine
two or half
was it
that
this
whether
it 1i1ould be nearer
,-now, exactly,
o'clock.
It
difficulty
ei 0 h t o'clock.
was after
I don't
past.
what time
must have been about
taken
until
10 o'clock
tomorrow
TestimonyWEDMESDY MORHL~G, Oct. 6, 1909.
Corm:nonwealth resumed as follows:
LUP'l10N KAYLOR, examined
Dean's
Mr. Kaylor,
gallery
in H r.L'i. onburg?
A
Yes,
in .Mr. wm.
sir.
Louis
Isaacs
after
he v1as dead?
sir.
these
Q That
fractures,
is a true
Q
O:f ti1e injuries
Q
Where
ms the
A FU.ltz's
Was that
second
for
cmmnonwealth:
and stay
Yes,
A
Did you see the bod.Y of Ur.
Q
for
you are a photograpi1er
Q Did you make these
the
by Mr. conrad
Q
showing
between
seemed to me.
MEMO; Adjournment
morning.
Q
it
day,
photographs
&c.?
A
Yes,
photograph?
to his
A
head?
body at the
undertaker's
of the interior
Yes,
A
sir.
Yes,
sir.
tir.1e you made the photograph?
office.
do you remember?
On Saturday?
Q
Do you gentle1
A
head
sir •.
Photog:r::rph tal--en on t11e day after
Q
of his
Yes,
en want
A
sir,
It
he was killed
1as on Saturday.
Saturday
morning.
to ask the vii tness
anything?
MR. LEE: You just identifiea
grapl1 of' the skull?
lfit.
CONRAD: Yes,
or
the Photo-
sir.
While t11e gentleman
is on the
stand •,e will get him to identify
these
MR. LEE:
�'
.
••
�T:,
.
I
--72--
two photographs
of' &erm1.n street
which have been exhibite~
to the JUry.
B Y MR. LEE:
Q Will you be kind
A:re you the photogr~pher
sir.
at these
enough to look
who took
these
t~o photographs,
photographs?
sir.
Q
They
are pictures
an:i the people
and Water
Q
a~ they
living
street?
And they
existed
there
show the houses
of Ger1nan street,
A
are
which
Yes,
correct
at
that
in that
immediate
locality.,
sir.
representations
time,
are
of the
they?
A
It don't
water street?
MR. CONRAD:
MR. LEE:
MR.
of' the Hirshes
Just
the
conditions
Yes,
sir.
show anything
on
corner.
I see seve:ral men shown on
these pictures
-- Mr. Albert there,
Mr. Crousehorn
there and someboc1Y
else the re, and somebody sitting
were these men Plac e<i in posith ere.
tion at the time the Photog,TaPJ'l. 1,vas
taken by aeybooy?
COURAD:
WITNESS:
here
sir, the
(indicating).
Ye~,
two were right
The man in his shirt-sl
and the man to the rigl1 t.
MR. HAR.TIS:
'l'he men out
MR. COHRAD:
WITUESS:
Yes,
eves
in the road?
Bir.
MR. CONRAD: And these
men, !Lr. Arn entrout,
crousehorn
an:i this man sitting
down here, were they in the positions
of' arwbocty?
Mr.
WITUESS:
ID ,
come along
MR. GONRAD:
position
WITUESS:
sir; they just happened.
and sto1)Ped there.
Who Placecl
in the
WITNESS:
two men in
Mr. Hajj er.
MR. COJRAD:
the
these
road?
to
Mr. Chas. A. Ham1:1er, one of'
co nsel for the prisoner
here?
Yes,
sir.
�'.
(,
...
�--73--
MR.· L:EE: were
day after
WITHESS:
these pictures
the homicide?
cannot
I
tell
taken
you.
It
the
on
Wa'3
Saturday.
CONRAD: was a mortar-1z>oa;rd roved just
before you took the. :picture,
or did
you see arvthing
of the mortar-board
there when you got there?
MR.
There was some lumber lying
That is all I noticed.
"fITNESS:
there.
MR. CONRAD: Vas the mortar-board
away from there
the picture?
WI":'!iESS:
Witness
told
don't
I
trash
saw.
lying
to stand
MR_,. BUR"ffiGARD
DOVEL, examined
just
know.
there.
moved
you took
before
There was some
That is all I
3.siri.e.
by Mr. conract f'or
the
Com.r:x>n-
wealth:
Mrs.
Q
Dovel,
you live
here
Q Your home is on water
Water
in Harrisonburg?
street
-- west water
Yes,
A
street?
sir.
A
west
streEt.
That
Q
house
is
Q
is
the
street
located?
On water
on the corne1" of which Hr.
Yes., sir.
A
beyond
You go across
that
Q
Well,
is "."lJ1erehe lives
and Gerrmn streets
home is on West Water street?
Q
to get
the bridge
that
evening
been down in town that
A
beyonrt
sir,
Yes,
A
to your home?
on the
Ludwig Hirsh'
crosses
Yes,
evening?
A Yes,
by when this
difficulty
t e brid~e.
the railroad
and on
sir.
,1r. Isaacs
that
and your
sir,
!v'as killed
had you
I was down on Gernan
street.
Q Did you pass
way
A
on mv
home.
Q
but
occurred?
On your way home?
tJ:1ere was no trouble
A Yes,
sir.
I passed
there
going
down
then.
Q About what time do you think
it
was in the
evening
when you
s
��--74-\
orune back by there
I can't
and nine;
lives?
Q
were
tell
Yes,
A
you the
I think.
Q Mrs.
rs.
Well,
Loui!':! Isaacs
Tutweiler
Snell
and his
at.
I remerriber seeing
Just
Q
n~ar
tell
occurred
the
right
You are
Q
first
A
A
Yes,
sir,
them,
Yes,
Snell
jury
can't
now, in your
that
ms on tl1e sidewalk
just
tell
m1n way,
then between
and his
you where
she was
to being
Dovel,
Mrs.
11ox Hirsh
jnst
and Louis
as I can.
you as near
and his
strike
and I thought
and ~he
jury
ther:1 in your
something
t'10
may have been
on the
witr:essstand?
This
A
Inquest?
and with
own waY --
om
what occurred?
'flay
baby
and I hadn't
the house,
men were right
sounded
that
them.
like
to the
I couldn't
is
all
over
there
to vards
A
Well,
I
gone very
She was trying
and that
look
until
and also
tell.
I
and I looked
edge of the
Arthur's
sidewalk,
rs.
And
1'J
to go bet:ret:n
I heard,
he knocl<.ed her back
far
a rock,
and .fr. Hirsh
close
in the gutter.
of separating
11
in your
I saw Mr. Isaa:cs
and she made one remark
him,
sir.
her.
tell
the
I saace
Pas ed fr.
kin
of Mr.
or second.
tell
them and tell
hit
Mrs.
time •
Just
.Q
wa
A There
did you see anything
Mr. Isaacs
someplace;
not used
ti12e,
the first
they
Ed.
talking?
!cQUeary?
Q You were at the coroner's
wife,
there
sir.
A
after
A I will
Isaacs?
back
of ,·there Mrs.
A Yes,
and 1 rs.
"life?
was standing
heard
in front
Bas one?
af't r passing
just
wife
rey
at all.
sir.
Q Where were they?
is
sitting
time
eight
McQUaary.
Q
what
exa,t
between
Three.
Gertrude
And Mrs.
Q
something
you r'3member how !!'.any were sitting
Do
tl1reo,
and
just
A
home?
way
Did you. see any ladies
Q
Snell
on your
Hirsh
them --
No , you sha' n-'t
11
in the pile
of lur.:iber.
��...
--75--
dorm in the road.
it
And with that
A Mox Hirsh.
Q Who?
is
That
was knocked
he gave him a blow of some kind;
here
look ed. to me lilc e a piece
Hr. Isaacs
of lun ber of some l<ind, as well
as I
can remember.
I will
Q
use
this
photograph
Tl1ese ladies
were sitting
are
can you?
sitting,
These
Q
along
laa.ies
there.
th:.:!.t yo
gentlemen
1
-- You can see the picture
have here.
wh_ere you
f'rom
Not so well.
A
vere sittin
~long
0
some were on the
step
there
(indicating)?
Yes,
A
and some had chairs
out
on the
1i1alk.
Q Mr. and Mrs. Isaacs
where betr,een
went past
where he lived
ing)?
Yes,
A
A Yes,
How :far up this
strike
a.
Hirsh'
and this
i7ere some
house here
( indicat-
sir.
Q On the pavement?
Q
steps
They
A
and Mr::i. Arthur
Somewhere betwe m these
Q
them?
way had you walked
A I hadn'.t
the house?
sir.
gotten
when you heard
up to
the
corner
porch
here
this
rock
o:f Ur.
Hirs11' s yet.
Q Had you gotten
Hirsh'
as :far as this
A About near
s?
the north
f_ont
I think.
corner,
o:f Mr. Ludwig
Along
there
someplace.
Near
Q
house?
Yes,
A
Q
of the
so
the north
the
rock
corner
srn
strike
nd of the rock
the house
And the
A
That was back
Q
We spe:1.k
there
that
!,Jicture?
s
Ludwig Hirsh'
of' Mr.
of it
on that
A
As soon as you heard
you tm·ned
south?
A
around?
A
I r1as going
was from tl1e mrth
the
Yes,
son
sir.
soutl1.
of you?
of me.
moment of time,
Point
--
sound of the rock
Q
that
porch
sir.
Q You had been walking
at
of this
as no~th
then,
picture?
That
is
there.
Mox Hirsh
And you turned
and Isaacs
Can you tell?
the pile
of lumber.
around,
and
were about
what
can you indicate
on
�..
\
''
�..
'
-76--
Q This represents
1
pile
They were right
A
thrown out tbere?
Hirsh
the little
of lumber,
trash
along in front
and stuff
of Mrs. Arthur
s someplace.
someplace
Q
along in front
of Mrs. Arthur
Hirsh
I
A
s?
Yes,
sir.
Q Do you know~
about
that
ether
same point
was on the upper
the other
Yes.,
Q
At aey r9.te,
s
was?
at
The mortar-board
A.
was south,
yo
think,
of the lunber?
sir.
A
I
stuff
was a mortar-board
south.
side
Q The mortar-bo~rd
Hirsh
or not there
house?
they were just
about sou.th of' Mrs. Arthur
(unanswered)
Q I believe
you said --
were as to the gutter
What did you say as to where they
A I said
Mox Hirsh?
or Pavement
thatthey
I couldn't
stood on the edge of the pavement or in the gutter,
tell
which.
Q
And you saw Mrs. Arthur
Hirsh rush between them?
Yes,
A
sir •
.Q And heard
her make the rer:1ark that
A
Yes,
Q
Now·, at that
do you remember seeing
time,
to hit
Mr.
Isaacs
I did not.
Q
When you next saw them, lfox and Mr. Isaa
he -- Mox -- knocked Mrs. Isaacs
A T:~e two men spra
Q Both of them?
Row
him?
0
A
out into
s, where were they,
the street.
Both of them; yes,
of the road.
remark?
down in the lumber pile?
far out in the road dirl they go?
About the center
whether Mox Hirsh
when she made that
A
Q
hit
sir.
was making any effort
after
uyou sha 1 n't
sir.
A
Looked
Did the piece
--
to me near
the
hand with ·which you say he 1:ttruck Isaacs
thing
·
��--77--
have
any resemblance
to that?
Q something
that
like
A \'/el:!.., .sometJ ing,
sir.
of bo rd.
I know
nn1ch.
Did you
Q
me like
see where he struck
he came down on top of his
Q
When he struck
u:pon Isaacs?
Well,
A
Q
Dropped
Q
Fell
right
right
Q
Q
at did Mox Hirsh
Q
ers'
Yes,
And turn
Mrs.
to
Q
At the
;,ra lked
1
time
Now, about
standing
board?
Just
ndica te by.
avray?
anything
l\.
i
out
Well,
Hirsh
Broth-
A No, sir.
or look
after
A None at all.
A And then
doing
fa:r
walked
him
He kind
of
to Hirsh,
t· em at
r-;ome distance
the
tiL'l
or as far
No, sir,
not that
making
any
board,
effort
t ey were from where
he hit
hi .. with
in the courtroom
a:Elll.you
the
can
know.
as from you to Mr. Harris,
there,
v1ith this
see any.
would you supposa
I hardly
away.
man on the head
A I did not
lool<.ing at
·!T,,~11, as far
up
of German and Water
him any assistance
this
Io
pick
A
corner
back. at him like.
h ir: in any vmy?
you were
avmy.
and went towards
Isaacs?·
r.
fox 3truck
Dovel., was Isaacs
Q
feet.
sir.
to render
looked
ani
And then
Looked
A
He vr~nt to the
corner
he knockacl him do 1Vn?
Q
to strike
at the
Yes,
A
Did he go back
too,
sir.
you mean?
A He walked
A
have
of him.
A Yes,
down at his
down Wat01" street
Q Did Mox try
stopped,
it
~ ir.
d
in any way after
did
dovm in front
did he go?
corner,
liveiy-stable?
Q
may not.
'That ef'fect
in the road,
right
Looked to
stable.
He 7ent to the
A
it
of him?
do then?
In what direction
tr e ts?
but
he d.rop:qed right
face-foremost
no, sir.
A
head,
dorm in front
and went down to the
Q
him?
him on the head
to me he went down in a lump --
0
was a piece
A It
that?
yes,
as from here
f'9.r.
or tho$e
to l1here
gentle11en
Mr. Shaeffer
�r
•
..
�--78--
as from here
Q Not as far
Might
be as far
as from here
back
No, sir.
A
to Mr. Shaeffer?
to where it[r. Ham.mer sits.
You mean, here you ere at
the tine the blow was struclc. -- Mr.
Isaac was hit?
MR. HAMMER:
Q
WITNESS: Yes, sir,
it may have been ten
or t ve ve feet.
MH. H.\~, LEH: Where were you
on the
street.
MR. LEE: I think. she put herself
corner.
I was near
WITNESS:
the
corner.
MR. HA
K{:
At what point,
be no misunclerstanding,
the t:Lrne?
MR. COiUlAD:
so there may
ware you at
would rather
I
on the
you wouldn't
interrupt.
THE
Mr8. ~ovel,
Q
har~ thing.
which
is
wa:y
It
talc.en up near
this
than
the other
indicate
one.
porch.
This
Hirsh'
s house,
now on this
looks.
sometimes
corner,
so it
This
picture
shoVls the
one,
as near
house,
here
is looking
see,
picture.
it
the
one which had been
on this
Ludwig Hirsh's
}{T:
You can take the '.71tness ,on
cross-examination,
a8 to that later.
on which way you take
depends
a thing
than
indicate
co
as to
the ~icture
This
shows a little
pavement
is water
your
street,and
a little
larger
position.
here
the bridge.
the pile
is
There
Here is
their
Do you
is proper?
THE COURr:
objection
(To
front
is Arthur
Let the witness
locate
Place.
I don't mean you are
I think the
anything
wrong.
should Place herself,
and did
herself
or attempted
to place
before
the coroner 1 -s Inquest.
CONRAD:
Now,
of lumber.
MR. HAM.MER:
'R.
picture
larger
taJc.,n down at ".the bridge.
as you can,
is
is a right
is deceptive.
probably
down towards
and here
It
think
that
that,
doing
witness
place
herself
stat~ment
};:,. HaJ.111ner) Are you making
to the question?
ink
o
·.t i~ inproper
for
} to the witness
��where
she was.
oo-_·m:
Ask her to inclicate
whereabOuts
on the picture
she 1:va.s.
MR. LEE:
ind.icate
Let her
with
a pencil.
MR. CONRAD: I just
want you to indicate
where you Here.
I know where
WITUESS:
Q
Without
looking
you stood?
where
A
at the
said
I
house.
:photograph,
I stood
I stood.
tell
near
us in your
the north
COURT: You mean of' Mr.
house?
own .ray
corne
of the
Ludwig Hirsh Is
Mr. Ludwig Hirsh Is house' yes,
sir.
The north corner of' Mr. Ludwig
Hirsh's
house close to his porch.
WITUESS:
Q so there
show you is Mr.
may be no misunderstanding
Ludwig Hirsh'
s house?
about
A
this.
is
This
I
This
the
sout .. corner
here?
Q This
this
is
their
or on that
Q
the
south
porch.
Do
is
of the
side
On the north
I reckon
borhood
fro:mt of that
corner,
!'OU
A
of the
is a
that
is
the :porch there
mean you were on this
porch?
side
and this
~
side
of
I n ean I was on the
agon body.
the
porch
sic.le.
north
Ann do n here
porch.
--
in the neigh-
Don I t look like
any
-MR. HARRIS:
I beg your
:fr. Conrad,
Pardon,
does your Honor t11ink it is necesBa.ry
to discuss
the hotograph.
show her
the photograph
and let her indicate
her position.
I
on the photograph
obiii~ct to that line of examination.
MR. COURAD: I will
for
Q
At
arw rate,
the distance
you were on the pavement,
at
the
time Mox struck
wood was about
the
stop.
the accommodation
you say you were from the place
distance
you were from Mox and Isaacs
him in the head. with
n or twelve
feet,
I was doing 1 t
of you gentlemen.
the piece
I understand
you?
of board
A
or
something
��!
.
--80--
THE COUHT: When you passed there and saw
Isaacs
and his wife on the side,alk,
at that t:iJne ancl before you heard tl1e
did you see any thing of Mox
lick,
Hirsh?
A Hot at that time; no, sir.
COL'RT: What were Isaacs
and his wife doing when you saw them, standing
still
or moving?
She •;aB just standing
near her
husband there some Place.
I don't
kno'!'r that she was doing anything.
HTUESS:
c OURT: 1:/a" aruone
vii tl1 them?
WITNESS: No, sir, I did not see anyone.
Mr. Isaacs
was standing
on the sidewa.lic.
COURT: Who was standing
on the
sidewalk?
WITHEss:
Mr. Isaacs
1Nas standing
on the
sidewalk with his baby carriage
or c,art.
Q He had the baby carriage
A Yes,
XQ As you were going
were you not?
A Yes,
XQ And as you got
alone
of him wheeling
it?
sir.
cmoss-EXAMINATI
were
in front
standing
were
on the
they?
).m. LEE:
ON BY
alone; German street
yon were going
south,
sir.
to the point
sidewalk
wit
A I did not
XQ You saw noone with
1
where Mr. Isaacs
the
baby car·riabe
see anyone
them at all?
and his
they
wire
rnre there
with them.
A I saw no one with
them at all.
XQ There
A
~s no talking
No, sir,
time you had not
I hadn't
. Now, you p3.ssed
~outh?
on by them and anybody
else?
No, sir.
XQ Up to that
A
~oing
A
Yes,
seen Mr. Mox Hirsh
at all?
seen him at all •
them and continued
sir.
going
towards
Water
�'
.
�'t'
..
'
--81--
I did not.
XQ You did not meet him at all?
meeting
uo,
A
sir.
I don't
remember
him.
XQ You know him,
don't
you?
Yes,
A
A Yes,
Have knovm him -for ~ometiroe?
XQ
him for
sir.
sir,
have known
soroetine.
Mr. and Mrs. Isaacs
XQ And when you Passed
them then?
He was not with
A
He wasn't
XQ
with
XQ Did you speak
them tl1en that
them that
you Baw?
he was not with
I saw.
A No, sir.
to them as you past?
A
I spoke
to Mr.
Isaacs.
You spoke
XQ
to :Mr. Isaacs
and passed
by?
Bid him the
A
ti1..e of' evening.
XQ You gave him --
egening -XQ
something
like
Did he answer
that.
you?
people
I
He said
A
XQ They were the only
only
Bid him the time of
(Interrupting)
A
people
ttGood evening"
you saw then?
Yes,
met Mox Hirsh?
hir.i at
A
No,
the
sir,
corner
to rards Water street
I don I t remember
I did not.
you
meeting
all.
XQ You don't
meeting
1
was r1hen you got
s house
XQ
A
XQ
standing
remember meeting
him at
all.
A
I don't
remember
him.
XQ It
Hirsh
at Mr. Isaacs?
sir.
As you vrent t·o mrds
XQ
A They were the
sav1 at the Isaacs.
XQ They were the only ones on the sidewalk
A
to me.
that
yo
heard
Which you thought
Yes,
about
the Worth corner
something
strike
to be a rock
of
a house?
and you turned
-Ir. Ludwig
A
Yes,sir.
to look back?
sir.
hen you turned
with
to
reference
and looked
to that
pile
back where
of lumber
were these
people
vhich you say you
�r
•
\
..
�.'
'
--82--
reme ber
walk,
being
near
there?
the
A They were standing
utter
XQ
were they
XQ
Stanriing
near
the
edge of the
somewhere.
on the North
sirl_e or
the
so 1th side
of the
lUI:iber
pile.
on ti e edge of the
XQ Who was standing
Mrs.
there
and Mrs. Arthur
Isaacs
XQ :Mox, Isaacs,
Mrs.
then?
Isaacs
the rock
thrown.
XQ
And they
'-'!ere all
out there
on at
around
wouldn
I
A
when you turned
you heard
the roclc
any words at all.
A
I did
not know anything
any blows b.ad been
:no, r:1ir, I don't
as you know the fight
and looked?
t saY vri thout
know anything
before
about
it.
may have begun before
You ro not undertake
you
to say?
A
I
kno ving.
You do not undertake
you turned
struck
That maybe.
A
You do not know?
XQ
before
know whether
around?
XQ So far
XQ
That
A
all.
You don't
you turned
Hirsh?
then
before
You did not h e:::.r any words?
XQ
turned
I din_n I t hear
sir,
No,
A
was Joing
Arthur
together
Do you know what had haiJPened
XQ
Isaacs,
!r.
Ye"3, sir.
A
thrown?
Mox Hirsh,
A
and. Mrs.
I heard
XQ
or edge of the gutter?
Hirsh.
was after
around?
curbing
around
to say whether
or not?
any blows rrere
I wouldn't
A
struclc
say because
I do
not know.
XQ Then at
Mr. Ludwig
XQ
pile,
s porch?
And these
.as near
people
centeI·
you exactlye
That
A
is ~hat
were st anding
7as ui tl1i
about
they
I said
He was in the
tell
time you were standing
and you say that
to me it
apart.
Hirsh'
that
that.
'rrere ten
1 10
at the
feet
from
of the road.
I
do':;n close
of
by t11e lumber
of you?
say they
were ten
me rrhen he struck
said
corner
I said.
or 12 feet
I didn't
north
10 or
12 feet.
A
Looked
feet
Isaacs.
I can't
��--83--
XQ How :far were they
were on the
edge o~ the
:for yourself'
:from you when you :first
walk near
XQ I am asking
Cannot
distance?
you now?
A
I don't
I don 't
A
know.
as you could
Urs.
between
Dovel,
telling
how :far you were from them !Vhen the blow was struck
you were :from them when you saw them at
like
at
thg_t as well
to say,
now, for
XQ You don't
don't
know,
I don't
XQ You mean to say that
time
1lrs. Arthur
:feet?
Yes,
A
Hirsh
sir;
order
see if' I locate
that
down, was only
And you were
properly.
I have
corner
position;
you say you were st~nding
of' Ludwig
XQ
A
I have
That
XQ That
Hirsh'
about
porch
--
is
s porch?
P'Ut that
is about
is
or twelve
at
:feet.
the
ten or t1:rnlve
rigr1t?
A
Yes,
I want to
)
This,
Madam,
sir.
Yes,
right
at the
as near
that,
ade a little
on the
A
at the North
sir.
about
A
that
cross-mark
right
1
standing
photoc;raph.
I ·oelieve?
North.
the
Yes,
(Exhibiting
house,
is
A
may be l\o doubt
the North
corner
A I
were from you?
as much as ten
s porc:t1?
there
is Mr. Ludv1ig Hirsh's
of
I wouldn't
A
f'rom where I stoo"1..
this
XQ And this
can't
:from where you were standing
was knocked
of' Mr. Ludwig Hirsh'
XQ In
the other?
how :far they
XQ From where you stood.
corner
pile?
know exactly.
Probably
I said
us
and how far
the lumber
as you could
know exactly
exactly,
the other
to say exactly.
like
What is the di:ffere,nce,
you guess
You can see
A I did not say.
was?
you a:P:Proximat e -tha t as well
A
XQ
of lumber.
A They
how :far.
XQ How :far do you say that
XQ
the pile
looked?
cross-mark
--
indicating
sidewalk,
at
at
your
the North
sir.
north
cornero:f'
the porch?
a8 I can see.
As near
as I
can remember it
or can see.
XQ Did you have on your glasses
that
night?
A No,
is,
�t
..
�--84--
can see farther
away,
';'lithout
XQ I understand
tion,
A
Had:::i.m.
I
that.
glasses,
I
I can close.
situ:1ted
in exactly
to me with
glasse-3,
ar:1
can see close
than
the
same Posi-
but farther
away I c nnot.
0
XQ When you saVI this
you recognize
could
XQ It
the
iras light
all?
one ma.n from the
did not
at the
0
eno tgh to do that,
XQ The darkness
at
to ether
crowd all
interfere
other?
Yes,
A
was it?
with
ltLuber
your
sir.
Yes,
A
pile
8ir.
recognizing
people
A No, sir.
XQ Then when you looked
men see ..10d. to be on the
back,
edge of the
if' I understand
you,
the
curb or in the
gutter?
two
A Yes,
sir.
XQ Where was Hrs.
then
Isaacs?
A
I did not
see
at
A
!rs.
Isaacs
at all.
XQ You di~ not
XQ Where was
bet11een
the
XQ
on the
se
1
Mrs.
Isaacs
rB. Arthur
Hirsh?
all?
A
No, sir.
She was trying
to step
two.
'lhen you first
sid evralk?
saw her had she gotten
She was out near
A
1)et,.'leBn them or only
them and trying
to separate
them.
XQ So far
A
Mot th!i t I
XQ could
hand at
as you could
all,
see did Mox have
anything
in his
hand?
sav,.
you see his
only when
XQ Did ile d0 that
hand?
A I don't
e knocked
her
back
witl1 his
hand?
i•emember seeing
in the
A He did
Pile
that
his
of lumber.
with
his
hand.
XQ Whicl1 hand did he do that
--
whether
the right
her?
anvthing
A I did not
XQ You don't
th?
A
hands
vri th vrhich he clid not
I don't
know now
or left.
XQ Did he have
touch
'!Ti
in his
see that
kno-, whether
he had anything
he had anything
at all.
:in his
hands
or not?
��--85--
I clon' t remember.
A
hands
at
Isaacs
all
until
I did not
he raised
the
see him have
board
in his
the board?
Mrs. Arthur
Af'ter
XQ
in the
jumped
road:
did
they
side
on the upper
--
one
side,
XQ
One vrent around
side.
XQ
I guess
the
north
would be North?
And Mr. Mox Hirsh
way -That
woul
~
the
when they
finally
other
Tl1ey got out
in
.r.
Isaacs
at t11e
s house?
sir.
side?
A Yes,
side
Mox went
A
sir.
of the
side
of the
it
is right.
lumber
pile
lumber
pile,
met, as you express
1 t,
A Well,
facing?
the
A No, sir,
opposite
of course,
Mr. Isaacs
over
was still
t is vray.
eide
he was facing
XQ You mean he was still
face
and the
and
that
in wi1ich
he nru.st have been
of southeast.
piie?
XQ
went on
Ludwig Hirsh'
Yes,
south
t11e other
XQ l!las he facing
lumber
A
be the so t:n side?
vras Isaacs
kind
other
south.
came around
XQ Well,
facing
side
road.
side?
A
A As 1•1ell as I remember
direction
lower
vent on the other
XQ so he came around
right?
the
and
sir.
XQ
Mr. Isaacs
on the
away from },r.
That
XQ
Pile
is north.
that
XQ
that
1 iber
They
in the road.
The one furt!1er
A Yes,
or been knocked
you SaY the men went
pile,
and they met out in the
They went out
No, sir.
A
by side?
around
•1(mt
road.
lower
go side
One went arounn the
out.
the upper
his
lr.
sir.
No,
A
do n,
had fallen
Hirsh
on the lumber
do~7n as you may JJut it,
out
to hit
the board?
XQ You diri not see him 7hen he got
the
hands
in his
in the head.
XQ Did you see him ':1hen he got
out
anything
facing
facing
of the
this
from the
way (indicating).
the lumber
the
street
pile?
lumber pile?
A Yes, sir.
A
He had
��Did he have his
XQ
Isaacs
XQ Mr.
that
to,uards
did Mr. Mox Hirsh
face
kind
XQ When the
XQ And the
as I remember
A
Yes,
now.
have his
other
did Mr. Mox Hirsh
man had his
is
face
towards
XQ Then he would have fallen
were standing,
know whether
wouldn't
he
yon to
blow he had his
kind
of this
he?
A I don't
I
state
that
know about
~ith
XQ
at the
t ask you about
his
ig Hirsh'
that
s p0rch
XQ Now, then,
you a
back
That is all
you and you at
the
where you
I don't
that.
backward,
ITOUldn't
A
understand
each other.
time Mr. Mox Hirsh
Well,
I said
struck
he •ras standing
northwest.
to you and I understood
standing
on his
at Mox's feet.
now, Madam, if we clearly
the points
you, as to the way he was standing
back
and fell
)
back to you?
way --
XQ I didn
As well
A
with his head toward1
(Unanswered.
A
XQ Let us see,
the
face
muld or not.
to do that?
I understand
Well,
me.
you?
up,
XQ Then he 'ITOUldhave had to have falled
he,
A
the way he stood.
hen he fell,
crumpled
when
A Looked like
he went down he fell
face?
face?
have his
back towards
And the man,
XQ
met,
sir.
A He had his
you?
that
they
time
of' northwest.
blow was struck
back towards
sir.
you at the
In whic 11 clirection
Away from you?
XQ
face
as I can remember,
A
he had his
or his
had his
A Yes,
towardfl you?
As near
right?
XQ
face
I want.
and if
yo• to
towards
say
time he was struck?
Yes"?
A I said
11
He ;,,iras standing
were you not?
Isaacs
he was standing
I asked
with his
he
,as
me.
time were standing
lr.
of' the compass.
at the north
A Yes,
was standing
A It
with his
back towards
corner
of Lud-
sir.
with
looked
his
like
face
to ards
he was standing
�'
'
�--37--
with
hie
face
towards
me.
XQ He was standing
be mistaken?
face
towards
you,
but you might
on l1is back,
side
or face?
sir.
did he fall
XQ When he fell
he went right
Lookoo. to me that
A
be mistaken.
with his
Yes,
A
I might
down in a pile
at Mox's
feet.
XQ At
ox's
XQ When he got
either
A Yes, sir.
:feet?
one way or the other?
XQ Towards
He laic.
their
pile
down in that
hat?
A
with his
head
A
his
head pointed
His
Kind of towards
towards
had to be pointing
head
south.
south
water
the upper
side
street?
A
street.
Wat er
towards
street.
XQ His head
that
water
words,
is
towards
7ater
street
direction.
A
I said
No, I think
that
.ri th his
street?
straight
right
standing
Out tovmrds
way, with his
rs.
man in his
to place
ead lay:
the
uhen this
s~t
this
shirt-sleeves
otller
tio
as you sa
kind
tell
it
of cat-a-cornered.
the
wa
Myers'.
his
of --
that
of the
corner
of
Looked to me he laid
up the street
picture
again.
the
like.
I will
effort
on at the point
jury
if
that
say to you,
was made to Place
coat
night?
side
west
out where Mr. Isaacs'
the
head nearer
the opposite
corner
:ras taken
man with his
I want you to
I did not say in
the road as the roan. run?
head pointing
picture
south
Water street.
or towards
XQ I want to hand you this
Madam, that
A
cat-a-cornered
A His head was towards
this
head pointing
towards
with
he was laying
you were
German street.
11th his
head
XQ NoY, if he was laying
the direction
1
and in your direction?
XQ Was he laying
this
Looked to me
.vay.
XQ In other
my
was towards
feet
correctly
You understand
lay and
where his
represents
t}1e question?
�'
f
�,.
' .
--88--
Yes,
A
You say that
sir.
XQ When this
was placei
to
picture
stand
lay;
tion
as you saw it
I want to ask you if
He laid
that
kind
a 11 ttle
of this
b'dt more towards
XQ Do you know where
That
is on the west,
XQ That
men was nearer
XQ How is
XQ kre
over
this
the west
house
struck
situayes,
wa-y.
I think
his
is?
A
Yes,
sir.
head
nearer
it
vrhich of the
t\10
A Mr. Isaacs.
us what you really
bit
the
nearer.
east
aero ss German street
am
he hit
sir.
I guess.
liirs.
After
Yes,
A
o~ German street?
a fact,
A
the
so~ething;
Mr. Isaacs
he 1as a little
Isn't
by ,fr. I sa ac s?
Well,
of German street?
or telling
way -- he stood
was retreating
where his
street.
Mr. Isaacs,
you guessing
XQ Exactly.
to stand
repr·esents
more this
side
side
A
think
to have
it?
that?
A I shoulri
A
yers'
t:iJne Mr. Hirsh
to
shirt-sleeves
were supposed
correctly
.later
·rs.
on the west
is
XQ At the
is
feet
or not?
way --
stood?
tlle man in the
that
night,
feet
man was placed
and the other
head
laid
was taken,
where Mr. Isaacs'
been when he fell,
sir.
is where his
side,
I reckon.
that
Mr. Mox Hirsh
he was being
Af'ter
him?
Mox was more
Dovel,
that
know?
f'ollowed
he had given
the
liclc,
you mean?
XQ No, Madam, I mean before;
pile?
A
No, sir,
Mrs.
Hirsh
hrs.
Hirsh?
A
that
lumber
of' lumber.
Didn't
you say
Hirsh?
.Mrs.
XQ
No.
A
XQ I asked
it
not
Hirsh,--
as follo~ed
out
in the pile
was laying
XQ I did not ask you about
one
I mean rhen they· lef't
a :fact
Mr.
I beg your
Pardon.
you,
or I under
that
after
!ox Hirsh
Mrs. Hirsh
in the road,
side
fell
-- retreated
by Mr. Isaacs?
he lower
took to ask y-_ou, t11is question:
A No, sir,
in the lumber
across
I did
and one on the upper
bo h of them.
pile
Ger21an street
not
side
say so.
and
I
said
and they mP~
��' .
-89--
XQ Well,
from
the
you saw Mr.
lumber
pile
sir,
Out over
Isa
Did he h:3.Ve anything
XQ
as he Nent across
A
did you?
A Yes,
XQ Yes.
ox Hirsh
the
German street
street?
him.
in his
A I did not see that
hand?
he had.
XQ Ho
is
th~t?
No, sir,
A
Do yoa kno,. when he got
XQ
I don I t know when he got
that
A Yes,
Arthur
test
11
II
Hirsh
t'
the
You aha 'n 't hit
it
at
not hit
to
irs.
Hav'n't
Inquest,
didn't
Inquest
him"?
that
A
you heard
No, sir,
I didn't
pUlled
out and
XQ Hav'n't
time,
Arthur
Hirsh
since
blow was struck?
against
the house?
XQ
to her
since?
trouble?
at all?
to anybody
I did
A
she
A
No,
sir,
A
I saw her
once
your
A
attention
Ye ,
else?
have
No, sir.
A
No,
anything
sir.
in his
hand before
yo
correctly,
was the
strikin
the
first
of t· e rock
ir.
around
irn.rnediately?
done.
A
A
not.
if I understand
And you turned
XQ IIlli~ediately?
afterwards
at all.
this
XQ Did you see Mr. Mox Hirsh
th t attracted
I remembererl
sr)eak to her.
talked
Dovel,
but
any with Mrs. Hirsh
XQ Have you tall<ed
XQ Mrs.
I was just
A
him."
seen her
didn' t more than
that?
the
H"'Ve you talked
talk
XQ
thing
coroner's
coroner's
11
you tell
about
"You shall
I didn't
the
the
dam?
think
XQ
but
No, sir,
of board.
before
be~ore
say
XQ 'lhY didn't
said
A
of board?
that.
XQ
didn't
piece
I did.
sir,
XQ Did you state
Mrs.
that
piece
XQ Madam, you testified
you?
he did not.
Yes,
sir.
A
That is what I
�,,.
�.
,
'
• '
r
..'
--90--
XQ And as soon as you turned
Hirsh
in the
A Yes,
crowd,
with the ott1ers,
trying
to separate
them?
sir.
XQ After
and continued
around you saw Mrs. Arthur
you had p~ssed where the Isaacs
walking,
the rock strike?
did you contirue
A Yes,
to walk until
together
you heard
sir.
XQ You didn I t make any stop until
A Uo, sir;
were standing
I continued
you heard
to walk until
the rock
I heard
strike?
the rock strike.
DIRECT EXAMIHATIOH
RESU!ED BY MR. CONRAD:
Q Mrs. Dovel, just
further
av1aY
one q estion:
at the time you first
were they closer
sav1 them th~re
to you or
together
at th·e
edge of the :pavement, or at the time you saw them out there
Mox hit
when
him in the head with the plank.
MR. HARHIS: Object
tion in chief.
Were they closer
Q
or further
to going into
awa:y, I say,
Isaacs
examina-
and Mox I
mean, when they were at the edge of the pavement when you turned
around
hit
and saw them, or when you sa
him?
A I can't
hardly
tell
them in the road where fox
you now.
Looked to me like
it
might be the same distance.
Q When you spoke of being at the northwest
Hirsh
porch,
do you mean you were right
you were out on the pavement further?
near
the edge o:f the pavement,
Q
Near the porch?
against
corner
the Porch or that
A Well,
towards
o:f the
the year,
I think
near
I stood
the porch.
A Yes, sir.
MR. HARRIS: You were on th~ yard
not the street
side?
MR. LEE:
WITl ESS:
s11e said. nearer
Nearest
reme1r)P-.n..----
side and
the porch.
the porch as well
as I
�T
•
�--91-BAUGHER, recalled
V. L.
.Q_nbeh·:1.lf of' the COU!.lonwealth.
Examined
by Mr. Conrad.
I omi tte1
Q
to ask you yesterday:
You spoke of this
lady
coming down water
street
and making some threat
about
policemen,
before
she done that
she done that,
was it
Mox Hirsch
that
hurriedly
left
there,
a,
yo1
de~cribed
Mr. Gatewood's?
toNards
or after
gJing
yesterday,
That was after
A
for
in going
the
ladY
came down tl1ere.
Q How long after
he pulled
It
out?
was vecy
A
'Why, it
I believe
aPeaking
statement
until
nore than two or t1u..ee mirrutes.
with reference
reference
only
in the alley
these
between
to their
'.7as mact..eyestero.ay
you were asked about
ing to?
wasn't
and made that
quick.
Q Now, then,
alley;
she was there
one tine.
time you saw him
where was he com-
buildings
A He c~me to where I was standing
in the
to only one time,
The first
two tannery
being
at the edge of the
street.
A He lo~ked around
Q What did he do there?
and then
got
back.
Q Then he went back in the alley?
Q Then what happened?
A
there
Old fr.
Hirsch
and talked.
Did anybody go to him back in there?
walked up there.
Hirsch
came by me and walked back
to him.
Q Did they come out together?
came out first
A Yes, sir.
and went across
A
No, sir;
to the stable,
old Mr. Hirsch
and directly
Mr. Mox
came.
Q After
A
Yes,
that
interview
between
them in there
ox came out?
sir.
l,n<i went over
f:rom there
there
where?
t t
A
· citable?
He went over
to the
1
who
��--92--
he met when he 1•rent to the
Q Who all
was there?
stable.
were there?
Did they meet in the office?
Mr. Hirsch
A
there
that
I remember,
there
was somebody else
was there
I don't
and,
I remember;
that
remember,
but
I don 1 t remember
there.
it
Who
Leon was
aP1)ears
who it
to me
was.
OROSS-EXAMINATIOH
BY HR. LEE:
XQ You say Mr. Ludwig
while
you were
question
about
Yes,
A
Diet you hear
XQ
his
there?
Hirsch
sir.
Mox Hirsch
the
came down to where Mox was
say to his
trouble,
father
(Jury
XQ
to which yotr
time
•in
absent)
connection
with
the
you heard
about
thing.,
what I did
exception
for
the
Here the jury retired
in order that
the witness might anmrer the question,
to PLtt in the record what the accused
expected
to prove.
Baugher,
previous
and place,
this
fr.
to
"I had to do what I did"?
Objection;
sustained.;
accused.
MEMO:
in ansv;er
answers
not a fact
that
at
the same
to Mr. Conrad have referred,
of ix.
conversation
him say,
ie it
in ansver
Mox Hirsch
to a question
ttI had to do what I did.
at that
and
time
from his
I couldn't
help
father
doing
11?
THE COURT: Answer the question.
A
Moxie.
say,
11
!
When Mr. Hirsch
1alked
I didn't
understand
couldn't
help-it.
back
I heard
there
what Mr. Hirsch
11
That
is
all
him talking
said, but
I heard
MR. CONRAD: You don't
referred
to?
I heard
to
Moxie
him say.
know what that
WITNESS: I do not know.
MEMO:
Q I just
Jury
returned
into
want to ask you one question.
'd to yesterday
-
• ·,.i.
which
t belfore
too
or ·1fter
court.
The conversation
e
.., John Br nner
Mr. Lu.__ · Hirsch
had gone
��,
♦
'
r
--93-\
back into
this
all~
and had some conversation
Objection;overruled;
accused.
It
A
was just
with Mox?
exception
noted for
before.
CROSS-EXAMINATION
RESUMEDBY MR. LEE:
How long before,
XQ
minutes
maybe little
ani
A couldn't
sir?
more.
tell
you.
Mqybe five
I did not take any notice
Of' course,
of' the time.
XQ All
af'ter
of this
conversation
he returned.?
I don't
occurred
Not very
A
long,
that
know how long he was gone before
Witness
told
to stand
A Yes,
that
returned.
he
he came in that
alley.
the night
Conrad:
Hr. Isaacs
was
sir.
Q What work did you do there,
pUmps
after
of' com1:ionwealth by Mr.
Q Were you on duty at the tannery
killed?
is,
a few minutes
aside.
examined on behalf
JOHN BRANNER,
within
pun1p liquid,
br that
Mr. Branner?
A I ran the
mixes it up to pour over the 1 ea ther
to tan it.
Q
How did you f'i:rst
trouble
Mr. Hir ch's?
pat
out to the alley
the noise
learn
--
that
there
A I heard
the alley
was any difficulty
a little
or
r.oise and went
out tor:8..rrls tj1e street--
to see what
was.
Q Did
see anything
YOU
I did not.
I just
of'
Hirsch?
{OX
A
seen a crowd going up towards
Not at that
time
the corner.
,
Q Where was the noise?
of' on German street.
Hirsch's
talking
~e
stable
--
what I f'irst
is
something
'q_ t
kind
~
The noise
BUt the first
one to another.
saying
A
I heard was
QUt
about Mr.
heard -- heard right
Seemed to be right
smart
smart distance
a,:ray,
to the other.
of' noise
heard
seemed to be up sort
vras this at German street
somebody hollar
but I dort 3 ~
that
vrho
you
it
was,
��f
•
--94--
whether
a man or a woman, but
was working
present
very
it
was very
time,
had all
I heard
still.
somebody hollar.
I was laying
the machinery
toned
out
some belts
at
down and everything
the
was
quiet.
Q Did you see Mrs. Arthur
street
ani made some reference
A
Yes,
Hirsch
when she came down water
to having
Mox Hirsch
V/ITUESS:
You heard
Yes,
her
I wish you would
state
A
When she came down the
to the Jury
street
to have him arrested,
and she said
your
1t
off
for
now, or you will
a few steps
don't
you.
get
then,
to her,
of your face
off.
she said
to locate
to her?
him she was going
ttsomebody will
knock
go on av.ray,
go on away.u
She made
"Go on away, now; if you
He came on up towards
1t
and she went up towards
MR. LEE:
if
tI'Jling
"You better
him, and he said,
smack Part
stable,
she told
Better
say that.
what Mox said
to him,
in trouble.
on towards
I will
He said
her
she said,
MR. CONRAD: I was only
the time.
Q
say that?
I heard
sir,
MR. SIPE:
Ask what
anything.
face
arrested?
sir.
MR. HAR.~Is:
the
Where I
the
We don't
corner
think.
of German street.
that
is relevant
and move the court to strike
out that
testimony
of the witness.
Motion
over~uled
and exception
noted for
the accused.
Q
on his
Now, did you see Mox Hirsch
Part
Q
leave
as to where he was going
tas it
bef'ore
and he had had this
or after
about
there,
with
this
same time?
Mrs. A:rthur Hirsch
conversation
any statement
A
Yes' Si't".
had come there
with her?
A Just
leisurely
or hurriedly?
a few mirru.tes
after.
Q
Wbdn he left
1
did he leave
ong tolerably
pert
up to the
A Well,
corner.
-. ·- ~+.i~A ·ifnether he hac~ any coat
o.,_
on?
A
He
�r,
l
�--95--
had neither
coat
nor hat
on.
Q Did you see him afterwards
A
Yes,
Q
BY the way, did you hear
the stable
where he was going
where
to George
time;
street
when he left
he was going?
sir.
A
at
I didn't
Lives
A
over
on the
corner
of Bruce
to the railroad.
A
Yes,
sir.
Q Is
that
Place
comes in there
Yes,
Q
A:£e there
of the
of Bruce
where he lives
from the Valley
A
Q Is
Yes,
Said he was
A
George Gatewood lives?
Q That would be on the corner
sides
A
at
I do now.
close
road?
t1 ere?
over
Gatewood's.
Where does he live?
Q
him say to the people
did he state
Q Do you know where
that
abo t the tannery?
sir.
Q Well,
going
at any Place
street
opposite
Railroad
and the rail-
switch
to where the
into
the bark
sheds?
sir.
bark
sritch
it
sheds
right
track?
Well,
A
back in there
dark
close
to that
yes,
between
point
on both
sir.
those
sheds?
uot so
A
very.
Q Well,
are
how high
something
about
Is there
Q
bark
are
those
as high
sheds?
as this
in them?
A
we 11, I suppose
A
they
ceiling.
In Part
of them --
just
Part
of them.
Q Well,
Bruce
street
if
a man was at
and was coming back
coming back to tl1e stable,
public
...nd
tnat
way for
where the railroad
to ,1r. Ludwig Hirsch's,
A To come right
around
crosse
or even
what would be the most direct,
him to come?
come around
place
open and
the
corner
German street.
·0u mean, to come to the corner
n German 3treet?
there
at Bruce
street
and
A
,wn German stt>"eet this
l'
aY
1 you ,,.et
~
��--96--
A Yes,
Water street?
Q And right
do"i1nViater
that
on that
Street
corner
When you next
end there
Q
and
sir,
way.
and the old building
side
house,
Yes,
A
street
A He had come in the alley
He came in the far
North
way?
saw him was he on fater
he ~ome from?
building
Mr. Ludwig Hirsch's
is
would be the most public
would be the most pUblic
Q
had
sir.
that
runs
of' the alley
, or vhere
bet 'Jeen the new
along beside
German street.
and came to this
end,--
the
where we were standing.
You saw him at the north
end of the allay?
Yes, sir.
A
Q What did he do when he came out to the mouth of the alley?
A
Just
looked. out anQ stepped
Q He looked
a little
out and stepped
back.
back?
Yes,
A
sir;
walked back
ways.
Q Who was with you at the ti~e?
Q The gentlemen
who was just
A
on the
Mr. "Bob" Baugher.
itnessstand?
A
Yes,
sir; Mr. V. L. Baugher.
Q
You were standing
ing out near
been built
Q
on the line
standing
just
probably
understand
(indicating).
and this
and Baugher
outside
on.
I could
arrangement
up here
the line,
time?
of' the building
it
Say,this
a lit":.le
represents
up through
line
Stand-
A
which had
A
standing
better
by tl1is
Water street
coming
which he came; were you
in the mouth of this
building?
at that
on the edge of the line.
was the alley
standing
of this
out in the alley
alley
right
or just
on the
in the mouth of the
alley.
Q Right here
Q
in the mouth of the alley?
And he came out tl1ere and, you say,
A
Yes,
sir.
looked around?
A
Yes,
ir.
Did he call
to anvbody?
A
No, sir,
never
spoke to a soul.
A No, sir;
never
�I
�--97--
spoke to him.
Q Did you hear him make any statement
r ef er enc e to this
Q Well,
dif'fucul
ty?
at that
A No, sir.
did you have any conversation
A
I did a:rter
Q
After
he came out of the alley
to be the greatest
with
he had come out of the alley
Q What was that
conversation?
trouble
time ~ith
hi □
there.
entirely.
entirely?
A
at all
Yes,
A
sir.
I asked him what seemed
-MR. HARRIS: You asked him what?
MR.
"Asked him what seemed to
the greatest
trouble."
CONRAD:
be
WITNESS: Asked him what seemed to be the
greatest
trouble.
Q
greatest
We11, go ahead.
trouble,
A I just
asked him what seemed to be his
when he came out of' the alley.
THE COURT: What diQ he say?
A He said he knocked hell
along
just
up the street
and his
knocked hell
out of his
Q Did he,after
alley?
A Yes,
he came~
jumped on him and he
other
any
he came out of this
did he go back in that
brother-in-law;
brother-in-lau
out of' him, like
speak louder.
man would have QOne.
alley
sir,
and looked
around,
he walked back in there
a good piece.
Q Did anybodY follow
he went on in there
Q Did they
Q
Q
and tal
ed
Which carne out first?
That
A No, sir.
fr. Hirsch,
A
is Mox's father?
Old man Hirsch,--
A
to him.
come out together?
Q When Mox aame out
towards
him back in there?
A
he
came out first.
Yes, sir.
~here did he go?
A
He went on over
the stable.
ON BY MR. LEE:
CROSS-EXAMIMATI
XQ
ir.
Branner,
··-... Mox Hirsch
did you hear
ar)d
his
aeything
father?
A
o'f the
no, sir.
conversation
��-98-XQ You did not hear
You say,
XQ
been he said
along
the
when you asked
that
his
is
A
all
he said
.Vitness
Q Mr.
you live
here
Q
A:re you acquainted
before
Lou Isaacs
to any ill
what
to the jury
it
feeling
was he said?
between
the way it
Q
~tll
was said
Those words
Isaacs
ever
him?
with
I can't
--
betvmen
them,
existence
of ill-
occasions
I would
the
would kill
11
and I alv:ays
sooner
I Perhaps
On several
is Mr. Isaacs
he
and, if so,
sometime
that
occasions
ever
Who was it
said
my, or words to that
that?
occurred
•ake auc11 exprestlion
or
wouldn't
there
have
in nw way,"
gets
expression
him.
sir.
expression
or
of words,-
11
were us·ed by whom? Who do you mean said
got in his
vou say that
I thought
recall
give
especially,
because
just
that
:Ias the
Yes,
A
or occasion,
Mr. Isaacs,
1
sir.
Railroad?
Hirsch?
Mox Hirsch
place
them.
made "That
some way or other,
southern
And on several
in one certain
the time
some remarks
against
Yes,
A
on any occasions
I know there
"IOUld be a clash
want to be at
if
part
to see them together
there
the
you heard
of' them.
them together,
dreaded
whether
A
both
with
.'!i th Maximilian
on his
sir •
of aomr.nonwealth by Mr. Conrad:
1
"as killed,
feeling
Yes,
in Harrisonburg?
do you hold
Machinist.
as any other
aside.
on behalf
A
out of him,
A
to stand
examined
S';)iro,
had
sir.
MORRIS SPIRO,
Q state
been
hell
trouble
on him as he came
had jwnPed
to you?
told
Q What position
later
Yes,
No, sir.
A
him what the greatest
brother-in-law
man would have done?
meet
at all?
and he had knocked
street
XQ That
any of it
effect,
that
he would
A Mr. Mox Hirsh.
on more than
as that?
one occasion,
>-
Yes,
sir,
that
Perhaps
you
two
��--99--
or three
Oan you state
Q
th~t
ho,
I do not recall
times.
ox Hirsch
lon 6 it
about
made this
has been
together
the
back
the
second
like
that.
Q
T
A
Yes,
second
or three
•10
sir.
two or three
Mox Hirsch
lr.
It
has been
and his
since
I don't
fr.
recollect
Isaacs
the
:perha:ps less
was killed
wife
months--
whether
came
something
was killed,
tirae,
tirle--
v11:fe came back
Mox. Hirsch's
has been two or three
months be:fore
months,
Isaacs
Mr.
Do you remenb er the
A
st· tement?
tiroei
It
exactly.
how long before
since
time.
the times
you. mean?
it has been
t~1an that.
ORBSS-EXAMINATION
BY MH. LEE:
XQ Mr.
Mr. Isaacs
XQ
XQ
you say th~re
and Mr. Mox Hirsch?
One had just
Vlell,
A
SPiro,
It
A
I can't
tell
t·1at.
seemed to be so,
each other.
kno ·: that.
I don't
You say that
use
XQ
wife
of' that
Do you recall
circumstances:
presence
on several
expressions
that
that
that
it
and threatened
occurred,
and that
then
that
he used
one of' these
about
it.
reported
it
a fact.
occasions
that
the
that
Mox about
you saw that
and that
A
Mr. Mox
A
Yes,
sir.
grew out o:f these
,.ox Hirsch
out;
threats?
w s towards
Mr. Isaacs?
to Hr.
you told
to :Mox Hirsch
'a.ts?
about
tongue
they?
I know they
you have heard
had 3ur:1ped across
to drag her
Well,
A
kno:1 how rauch it
one of those
when that
XQ Isn't
sort
didn't
lcnow.
occasions
was reported
Mr. Isaacs
as the other,
not?
I don't
bet·ween
sir.
I don't
did it
ter. s.
Hirsch
Yes,
as much animosity
were not on s:Peaking
XQ
see ed to be animosity
counter
in your
at Mox Hirsch's
you were present
it
and that
I did not tell
occurrence
it was then
it
Mox
and that
that
was
you
he made
�
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Text
.,...
�..
'
--100-'·
MR. cairn.An: I obj Bet to that
question.
You can ask him '.'Th t brou~ht
out tl1a t threat;
what c:aus~:Kl 11im to
IIl3.ke the threat
at t.J1e time you sPeak
of'•
THE COURT:
WITUEss:
I don't knOY! what
_use:t it.
I
kno
one circumstance.
The case was
this:
1rs.
!ox Hirsch
was sitti
gin
t11e office
o:r ,1r. Abel Miller's
store.
I came in and I said 11Emrua, that makes
11
you look so disheartened?
"Oh," sl1e says,
"I 11a.ve been mistreated."
I mid,
"In what way? 11 she says, 11In several
I says,
ways, 11 by her husband..
11Do yon
know a certain
obligation
that llas taken pl ce bet '1Ce1 you and
your husband that you h~ve to live up
to, ann. you both :prom s~l i e to rio
certain
things,
and :perhaps it will
be in my power to eorrect
these
things
and make you f'eel better
than
11Damn the
yo t do. 11 She said,
Hil'·sch
farilY•
I wouldn't
bleave
tl1em on
oath.
XQ Who was it
wife.
My Isaacs
perhaps
between
said,
"Don't
y wif'e is
--
fron
you never
11ill smash your
jt
the
me and her,
a Hirsch
he didn't
A
that?
. as in tl1e stoi"e,
ten feet
place
said
11
pla
:perhaps
e where
repeat
anything
that
counter
against
u:p for
mouth or knock your
the
six
Mox Hirsch's
or seven
feet
conversation
-took
and he jumped u:p and sairl. to her,
and I am taking
p over
Emma Hirsch,--
Mrs.
teeth
her,
the Hirsch
he
f'amily.
and if you do I
down your
f'or he vms on the
throat."
But
sicle of the
sane
counter.
XQ That is what Mr. Isaacs
A Yes,
XQ
present
ch?
to Mr. Mox Hirsch's
1i1ife?
sir.
XQ And when that
use of this
said
threat
Oh, I
you spoke of?
thought
when what
11as reported
you did.
you have
A No, sir;
no,
just
to :Mr. Mox Hirsch
A· I don't
Didn't
sir.
WITUESS to.1.1. to st~nd
aside.
1
made
know that.
you hear
described
he then
that:
iere
you
1as re_portff1_ to Mr. i1ox
�"
t
�I
•
-101--
A. M. LOEWE , examined
Q
1'r.
A
Yes,
Mox Hirsch
here
Your associations
they?
all
with
Yes,
A
of' his
I su:ppose?
lif'e,
of' your
Pretty
A
have you?
lif'e,
Did. you,
on the
at any place
him have been more or less
.,. saw him most every
sir;
Q He is of the Jewish
faith
night
Ur. Isaacs
in Harrisonburg
A
sir.
Yes,
was killed,
Ur. Isaacs
after
intimate,
day.
and so are you?
that
see Hox
had been hit?
sir.
A
Yes,
Q
Where did you se<.; him?
on Bruce
all
sir.
nruch; yes,
Hirsch
in Harrisonb1.tre?
sir.
Q You have lived
Q
here
sir.
A Yes,
have
cornr..1onwealth by Mr. con:ra<i.:
you are a merchant
Loewner,
Q You have knorn
Q
f'or the
street
crossing,
I saw him do1n the railroad
A
near
the
bark-sheds
--
right
at the bark-
sheds.
Q H9w were you travelling?
cream
in a carTiage,
going
Q
In
that
Q
It
vms at
or
Gerr.ian street?
Q
At that
A
as clelivering
I
some ice-
01t German street.
vagon of' yours
or bl:1.3:
0
of' yours?
A
Buggy --
aurnr.
west
the
hollared
there
side
al·l.
after
of Bruce
I l1ad
0
ot ten
t, ~ns of'f to
the railroad
tlle lef't
that
sir.
Yes,
A
street?
A
·of him before
you got
crosses
sir.
is a S"ritch
Did you see anything
or not until
h irn at
Yes,
the bark-sheds?
Q On the south
road
,:1here Bruce street
A
point
goes aro· nd into
Q
point
Yes,
you crosse'
across?
A No, sir,
ju, t rio-ht
on the railroad
si1•.
t .. e rRil-
I didn't
see
when son eone
to ma to stop.
Q Well,
did you find
f__r_om
.when he appraac!!ed
··
it
to be
A
fox Hirsch:
I could.n
I
1
ere did he come
t exactly
tell
you,
but
�,.
�--102--
he was coming towards
the
time he cqlled
the bark-sheds;
I don't
know,
Q
20 or 25 feet
did he come o t of the
exactly,
which
side
Or on the main track
and the
Q
S'7i tch,
is
of the
Q He was near
He called
Q
Well,
railroad?
ay
tell
fight
the Jury
to
harcl licic
or tell
right
around
could
rence.
and I went over
struck
two.
point?
Betw·een the main
you say?
Yes,
ir.
A Yes,
sir.
A
sheds?
Yes,
A
sir.
to you at
what he said.
him with
A
I
that
and bring
out of the
buggy.
time
come over here
that
her home.
He
I want
and he says,
a board
Ul)
I had a couple
11
there,
going
Wa9
ct WJ wife
Hi th me, and. he says,
and I
When he calloo.
sir.
ca~e out and asked me to get
a minute,"
the
end of the bark
to my father-in-law's
children
A Well,
svritch?
A
dic1 he make any statement
Yes,
A
goes
somewhere.
to that
to you to stop,
sir,
or request?
Q Just
the
close
that
that
he cane f'rom,-
or thereabout
The bark-shed
Q
s;vitch
did he coite out from near
to me, why, I would t11ink he was betv,een
track
away f'rom me at
me to stop.
I mean by that,
Q
into
me, probably
to see you
a
Lou and I had
11
and I think
hit
I
of
him a :pretty
and I wish you ·would go baclc and see how bad he is hurt,
Joe
or Leon or some of the boys w11e , I am anct. to come down
away that
I
want to see them.
and car.1e baclc and looked
be of ~ome service.
I sa':l the
I delivered
the message
I
in the
I didn't
excitement
11
but
told
I WOlld
I
him
house --
that.
though
knou anything
couldn't
turned
I
probably
about
the
be of any service,
and went oh up for
my
I
occurand
wife.
OR0SS-EXA1 INATION 3Y l R. LEE:
XQ Did you see Mox Hirsch
XQ Where?
after
ten o'clock
street
and they
now, on the
door
any more that
I was going
A
clown the street
and I saw him and his
sat
down there
then
brother
where the
night?
· A Yes,
probably
sir.
a little
coming up water
Colonial
Office
is
step.
On the corr.e1-- of .Main and
Water streets?
MR. HARriIS:
�t
�--103--
WITNESS: Yes,
sir.
MR. HARRIS: On the corner next to the
First
National
Bank corner from her?
WITNESS:
XQ
Th~t is
XQ
They
a very
w,.re sitting
10 o'clock
about
public
that
is it?
street,
on that
night?
sir.
Yes,
corner
Yes,
A
of_ the
sir
Sil'.
street
talking
a little
--
MR. CONRAD: A little
WITNESS: Yes,
Yes,
A
after.
after?
sir.
CROSS-EXAMINATIONRESIDl1ED
HY MR. CONRAD:
Q You say Mox said
o t"' your
buggy?
XQ
Yes,
A
You left
Yes,
Q
He did not
A
No, sir.
then
an:i talked
sir
ancl Jent
off
to the
I had the
to hear
was wrong.
He called
side
there?
to him.
come o-r..1tto where you were,
the children
out
sir.
t e street
A
Did you get
to you »come over here?"
children
out on the
and I supposed
he didn't
I didn't
what was said,probably.
street?
mnt
know what
m anrl I crot out of tl'lle carriage
and went over
where he was.
Q
There
is
A
Yes,
sit;
Q
That
is
a light
somewhere
an arc-light
not
an arc-light
Isaacs
was killed
A I saw a board
the
very
I think.
there,
by Mr. Conrad for
these
similar
not?
A
An incandes-
aside.
did you see this
and observe
iR there
on the railroad?
to skmd
R. LEE WOODSON,examined
Mr. wood.son,
there,
on the corner
WITHESS tolrl
Q
close
board
spots
to that,
here
the
Com_.onweal th:
the night
which appear
sir.
I take
Lou
on.it
tJ1at
here?
to be
same board.
Q
The board
that
was a:ftervraros
delivered
to Mr. crousehorn?
�•
�;,
J
•
--104--
iere
Q
these
spots
of blood
on there
that
ni~ht?
or a board
like
that,
I think
A
so, sir.
Did you see this
Q
road
got
there
there
close
after
similar
to Mr.
board,
lying
ri[;ht
down. When I got there
A Yes,
down?
close
Hirsh
Mr.
in the
head when kKXNoc~xkN~~kE~ ~~ you
Isaacs's
he was knocked
to that
lying
to his
I saw a board
sir,
body.
He was not
had him up in a sort
lying
of sitting
position.
V{nich :Mr. Hirsh?
Q
sort
of si ttin"'
close
to his
lying
or down to?~rdR
tell
up to,ard
his
feet?
10uld probably
you that
Q
where
but
the board
the head of the
I th ink
A
been
vas lying
a little
body had been
he had been lying
if
closer
to his
as you can see by appearance
rxl>ard)?
It
there,
straight
I can't
head.
exactly.
Aq f'ar
(exhibiting
Q
when I got
position
had him up in a
boay.
Q Was it
out, it
A Mr. Ludwig Hirsch
A
Yes,
the board
was like
this
sir.
had the a:r>:Jearance of that
board?
A
Had the
appearance
of th1. t board.
Q That
I judge
six
is an oak board
about
six
inches
wide?
A
Something
Yes,
A
s:ix.
inches.
Q AnQ about
fifteen
inches
long?
like
~ifteen
incl1es.
Q Is it
a heavy
board?
A
Yes,
it
is tole
THE COURT: What is the
~ble
heavy.
thickness
of it?
WITUESS: I suppose about an inch
inch.
Probably
an inch.
Q
air,
You did not
down?
You didn't
A
Q
difficulty
betvreen
these
men?
A
No,
see it.
I didn't
Q
see the
scant
No, sir,
Until
after
get up t_iere
I clirl" 't
M.r. Isaacs
get
until
there
a:fter
the man had been knocked
unti.l
vas knocl-::ed down?
A
No,
sir,
tl1e
��r
•
--105--
difficulty
was vtrtu9.lly
over.
street?
it
How far
is
XQ Is
ie your
scene
or eighty
1 t in
XQ On the
A
where
from the
seventy-five
place
yards.
or o
there.
something
lllce
opposite
do yo
on German
A
A Ye~,
the
sidl'3 of rihc...t,
of businesg
fight?
of tl1is
the same square?
same side
Opposite
1hen I got
iINATION BY MR. LEE:
CROSS-EXA
XQ Mr. Woodson,
wai=iover
It
Well,
I ex~ect
that,
I judge.
sir,
in the
same square.
side
of the
street?
mean?
XQ Of German street,-
c OJiHAD:
:MB..
Opposite
fro
Ludwig Hirsch's
o· se.
XQ Pro1.1 Lnr...,i~
XQ It
a little
is
a little
nort}1 of' the
XQ Did yo
did,
sir.
A
's.
North
see any of this
the
Junr
exactly
1
1
t say t.ha t I
I could
tell
, ome loud
Well,
A
I could
them what I saw.
talking
and heard.
sor:ie-
you kno1; '."!hat tha · means.
omeone ·rho war:: enga
0
e<'l in that
row --
A
I
expression.
XQ Say
XQ That
You son-o:f-a-b",
nas up in the
see peo le
'.7ho they
you heard
11
road .. here
that?
the
fight
A I could distingui~h
:ind
A I heard
was going
objects
that;
You
on.
but co ldn't
·mre.
XQ Bnt you heard
that
XQ You v:ent up t ere
of the. injured
A I heard
expression?
very
XQ And v;hen you got there
hea
A Yes,sir,
it?
A I co 1ld:
fig1t?
than
You damn son-o.r-a-b"
hearcl tn.a
----
isn't
what you ciiCLsee.o
11
XQ Yon <lid hear
tell
bridge,
bridge.
A I
could
side.
of the
th ~m what I he rd better
one say
Opposite
I h ea.rd. tJ. e comr.!otion.
XQ Tell
tell
Hi.rec
man in his
f'oon?
A
\1 ent
i.r. Ludwig Hirsch
la:P?
that.
ex:pression.
quickly.
10."'
A He had him i
holdin~
a sitting
the
�' '
"
:t
�--106--
:position.
X.Q You could. not
A No, sh',
been used?
be mistaken
about
I could
not.
MR.
CONRAD:
ex:pression
I
sir, I conlrin 't state
that.
t recognize
the voice.
came from some one in that-melee?
XQ It
having
As to whether the e:x:pression
you heard used came from either
of
these two men, Mr. Woodson, are you
able to otate that?
WITlJESS:
no,
I couldn
in that
that
A
In
that
trouble,--
mix-up.
Were_there
more people
than Uox Hirsch and Lou Isaacs,
people on the sidewalk?
MR. CONRAD:
WI'xUESS:
all
there
--
Mox had gone by t·he time
there?
MR. CONRAD:
got
WITNESS:
that
at
I d_id not see Mr. :Mox Hirsch
v1hen I got there
Yes,
night
sir.
I d.id not
at all.
SCfl
you
hin
You do not mean to convey
the idea to the Jury that the only
people up there in that direction
from where you vrnre were those two
men?
MR.· CONRAD:
No, sir,
there were other people
t11ere.
But I did not see lsox when
I got there.
Oh, yes, there were
other people there when I got there.
WITNESS:
XQ When you looked
you heard
seemed
the loud
to be out
lH-: e to
talking
in· the
before
and the
street?
you went there,
expression
A
used.,
I uould.n 't
tell
whe~
ho11 rriany people
you.
I wouldn't
say.
XQ Were there
There
up there,
mig:it
more than
have been~
two or three?
I wouldn't
like
A
I aouldn 't
to make that-
say.
statement.
l,m. CO:NRAD: And the expression
corni1 g f:rom up there might
you heard
as 1.11/'ell
have been from somebody on the side
of those men in
walk as f'rom either
the road?
Of course it could have come from
so·,eone else: -- :from somebody else.
WITNESS:
��D.
~.
CROUSEHORN,
examined. on behalf
of Co~onwealth
by J,ir.
Conrad:
Mr. crousehorn,
Q
did you have lvox Hirsch
Lou Isaaca
char.:;;e in any :my on the nigh+. that
he 11ad killed
about
duty
half-past
at
fo
then on until
residence,
was killed,
up there
the
watch
or after
next morning
one of the policer.:en
and kept
or in
who
as on
ox Hirsch
over
from
daylight.
Q
In keeping
A
Part
side
I relieved
lr.
the Hirsch
I was called
A
Isaacs?
in custody
watch were you in th.e same room with him?
of the time
of the door
I nas.
in the hall
Part
of the
tine
6 on a chair
sittin
I was just
just
out-
outside
of the
doo1~.
Q
upstairs
'/here
v1a<:Jhe?
north
In what room v,as he?
room next
to the
street
He ': as in the
A
o:f the Ludwig Hirsch
resi-
dence.
f:"t ho,.,e,
Q
That \7as his
fat 1er'
Q
That
is
room next
A
Yes,
sir.
Q
Next "'o Arthur
Q
Where vms lvlr. Isaacs
home.
of that
double
the
house
to the
street,
house,
then?
Hirsh's
next
room?
to the
WI'i'NE,
Q Do you know uhether
or not?
there
and slept
tl1e first
Q
to his
A Yes,
for
at
sir,
an hour
one to wake up.
Diu
There
v,i thclrav7 that
Witness
told
si1•.
in the
is
he was sleeping
or more af'ter
question
both
one house
to stand
room
between.
I got
there.
11ent
Leon :vas
in bed asleep.
to you at
the present.
a side.
Mox Hirsch
when I first
that
man; I rean,whether
for
south
away, I believe?
any time you were there
ck this
father's
upstairs?
Yes,
Three doors
They were
7llen he str
you say,
A
his
sir,
downstairs.
,iox Hi::rsch make any statement
condition
I will
street
s:
Yes,
A
They rrere
A
RAlLElC
l'R.
slept,
as it?
tine
as
or not -
��--108-CROOMER, examined
JENNIE
on bel1al:f of' the Coml!ionwealth by Mr.
Conrad:
Q Your naine is Jennie
Virginia
oroomer?
A uo,
sir.
My name is
on the
daY he was killed.?
Huffman.
Q Were you at Mr. Isaacs's
sir.
A
Yes,
Q
Did you have
to nurse
during
it
in any
the
house
'laY that
I wasn't
day.
of Mrs. Isaacs
charge
A Yes,
day?
there
1:rs. Isaacs'
's baby, or help
I nursed
sir,
as any rn.trse.
it
I was there
some
as a
hired-girl.
Whether
Q
were helping
it
was as nurse
ith
the child,
or as hired-girl
taking
Q Did you see anything
that
one, you
Yes,
A
afternoon
sir.
while
A Not in the afternoon.
care
late
when I saw him.
Q Was it before
of it?
of Mox Hirsch
had the baby taking
in the evening
care
either
of' it?
or after
supper?
A
Well,
I can't
you
It was
hardly
tell.
Well,
Q
after
supper
to the
child
it
in the evening.
was late
I do not
care.
Whether
Did Mox say anything
or to Mr. Isaacs
and his
Question
COllitT:
wife
objected
at that
1 t was before
with
or
ref'erer..ce
tirae?
to.
Where ',·ms that
anti. hen was it?
MR. CONRAD: It 't'la8 late in the afternoon
of the daY that
r. Isaacs v;as killed,
and calls f'or a statement
made by him
or an eA'1'.)r,ssion used by him to this
woman, or in her presence,
rranifesting
or exhibiting
his feeling
towards Mr.
Isaacs.
She can answer.
f'or the accus
•
COURT:
Q
the
truth
wouldn't
state
what he said.
about
tell
it,-That
a story
A Well,
as near as I can tell
is what I me~n to tell
on a dead man,--
Exception
this
is all
you,
because
noted
you
I
I lcnow of it.
It
�.,
�--109--
was late
in the
his
authorized
wife
do
porch
ti.rn.e I was in the
rode
passed
11t
you never,
"Don't
again
me'tJncle'
set
Look at
do-::-n there
their
the horse
baby either.
the baby for
Vii tness
Mr.
ArtY
-i. McCRARRY,
Uncle
as long
ox is
"Miriam,
on.
11
any use for
Very well,
the
liox, you
11
sister
He said,
ever call
as you live,
I said,
11
what your
told
the child,
for I hav 1 n't
damn bra.t,
to that
Object
l RS.
your
that
to
Anc'Lduring
so.
so l r. Hox Hirsch
was crying.
and I said
you do,
whatever
so I did
house.
child
and
baby in Mr. Hirsch's
her little
on a horse
or the
ough n 't, scorn
at
I !3aacs came home to supper
swing the
tl1e house
cry!
when kr.
me to take
on the front
swing,
the
evening
does".
to anmver and moved to strike
motion overruled
and exception
the ac·::msed.
to stand
a side.
examined
on behalf
out;
for
of comr.ionweal th by
Conrad:
Q
Mrs.
Mrs. Isaacs
were you at Ars.
UcOrarry,
was killed
there
Snell's
Ed.
the night
that
the road. on Gerrnan street?
in
A
Yes,
sir.
Q You were just
Q
How many ladies
Snell,
Mrs. Gert~de
on the
street
Q
there
were there,
TUtweiler
and Mrs.
Snell
You and Mrs. Snell
was sitting
on the
visiting
Q
A
A
Yes,
chair
I
A
Yes,
sir.
Mrs. Ed.
A
ms sitting
on a chair
too.
were sitting
steps?
Towards
Mrs. McCrarry?
and Lrwself.
uas,
Q Was the back of your
the house?
in the evening?
on chairs
and
!rs.
Tutweiler
sir.
towards
the bridge
or towards
the house.
1bich wayt,ere you facing?
A
Across
the
street,--
to the
West I suppose.
Q
air,
Di 11 you ha.ve
any of your
children
along
with
you?
A
Yes,
�I l
�f
•
--110--
Q
V/ere there
A
Yes,
who they
anv other
sir,
there
children
were some children
difficulty;
on the
pavement?
but I don't
there
your
attention
there
looking
the street
to the
you heard
just
street
Well,
and I saw Mr.
before
Yes,
A
or knew -A
difficulty?
the
up
by there
BU.reguard Dovel?
Hrs.
Q What was the ~irst
remember
the time
sir.
what first
I was just
Mox Hirsch
attracted
sitting
come down
--
I didn't
MR. HARRIS:
that?
A (Continuing)
Mrs.
there
were.
Q Did you see Mrs. Dovel pass
of this
}Jlaying
Isaacs
I said
I was sitting
walk up the street,
an l I sa
that;
catc~
there
and I sa
Mox Hirsch
Hr.
how is
Mr. and
when they
met him.
Q Then,
tell
just
what took place
Mox coming down the
and I noticed
street
Emma (Mr.s. Isaacs)
spoke
away and was about
to ask Hrs.
made up.
my
eyes up and saw their
at
tholll
there
in front
of tl1e Hirsch
a question
and saw
And then
were fighting
I said,
met that
nu eyes
as to when they
I glanced
ask her.
I looked
and my baby was uP
are fighting
they
nw baby and
jun1ped up and went to get
and I
street
Tl1en I turned
and I didn't
house.
up ti~e
them when they
were on bad terms.
arms going
taking
and
I
saw what happened.
Q
Did you hear
the house?
A
Q Was that
while
Snell
Then I saw they
nw baby is there,
never
to 1iox Hirsch.
I knew they
again.
my
A I saw them going up the
to ask you questions.
had
without
Yes,
anything
Q
Yes,
sir.
house
you ran up there
I was going up there
Aft er you left
the
like
a rock
striking
sir.
before
Q
strike
I heard
your chair
for the
the
it hit~house.
and started
child?
A It rras
to go u:p there?
�f
•
,
.
�I
•
-J.11-
Q
...orner
Which house
diet it
A Arthur
strike?
Hirsch's
house
--
the
of' it.
Q Did you see the
It
did not.
sounded
rock
like
fall
it hit
on the
the
pavement?
corner
Ho, sir,
A
of the house
close
I
to
me.
Q Did it
like
it
did;
hit
the house
yes,
child
blow?
Q
the blo.
and starte~
step.
to me
that,
after
you got
the
sound
Did you hear
A Yes,
sir.
At that
time where i,·rnre you?
Did you look
I hadn't
sounded
A
or not?
or any blow after
from them?
and was going up Mrs.
Q
force
sir.
Q Did you hear
your
~ith
Snell's
steps
as I heard
Q
\v'hat did
Q
Who? A I suppose
Q
About \7hat place
eot my baby
it.
A Mot until
around. then?
got inside
A I had just
of the
I got
on the top
when I looked.
you see th en?
A I
hin
S:WT
Mr. I aaacs.
I sa
lyin~
out
in the road.
so!! eone lying
'l
in the
road.
straight
up in that
in the middle
pile
A Yes,
You hao. been
of the road
sitting
sitting
the back of :mvchair
right
out from the
about
here
(indicating
between
that
step
to the
Q
You were
Q
With the rocking-c11air
Q
When you went
the Pavement?
Hirsh
across
in tlle I·oad --
from that,
pile
of lumber?
sir.
A I had been
Arthur
of lumber
He was laying
A
of tl1e road.,
Q In the middle
Q
in the road was he?
I
si ttine
U!J
and this
side
back against
for your
child
of the
~teps?
the house?
there
with
the baby jus~
(indicating)?
A
A
Yes,sir.
Yes,sir.
you went up to uh ere on
there
(indicating)
s house?
about
corner,
wall.
on the north
A I caught
on photograph)?
A Yes,
sir.
at
�.
'
�•
t
--112--
And it
~
that
point
was betileen
that
the
the rock hit
time I got to the corner
Q The double
hit
the
other
time you were goi1g
the house?
of' this
A Yes,
the
tine
you got
men or on your
I said,
me.
towards
The lick
looked
at
sounded
the
like
it
were your
hit
rocking-chair
I was looking
all.
at
the house
ghe kind
tro
the child.
to run a'ffay :from
saw she was going
I
here
on these
eyes
ere, " and she started
them at
When the rock
from your
child
No, sir,
A
;"--.,__1__..::._
come
never
from me.
to your
child?
____
I
about
house.
Q Now, from the time you started
until
sir,
to
ho se here.
A YeR, sir.
house?
from here
to run
and ran
of' screamed
me.
And you grabbed
Q
her --
Yes,
A
and ran on do
sir,
111
the
etr eet.
As soon
as you grabbed
ner your
Q And you got up on this
door-waY,
Q
A Yes,
point
Q
Point
the man was laying
in this
A He was laying
the
these
men?
sir.
saw where
yo
ba k ':! s to,vard.s
picture
you sa,y, and f'roIB that
in the
to the place
in the middle
of' the
road?
A
Yes,
sir.
where he was laying?
road,
straight
out f'roru
lumber.
Q
Right
out
A
Yes,
Q
Did you
from the
sir;
that
hLm at
all
after
the way it
see anything
in the road,
lying
is
lm:iber pile,
in the middle
looked
of' Mox Hirsch
or where he had gone?
he got
Q
Did you go out
A
No, sir.
off
into
of the
of' tP.e road?
to IBe.
when yo
l
saw this
A No, sir,
man
I never
sa
sidewalk.
the roact ·v11ere the bodY was lying?
CROSS-EX.Al IUATIOH BY
XQ Did you see Hr. Mox Hirsch
R. LEE:
.hen he ·...,-as fi1,st
addressed
by
��--113-
his
sister,
Mrs.
A Yes,
Isa1.cs?
XQ Did you hear
~hat
atd to him?
he
Do you know r:1ether
XQ
sir.
he made any reply
1
XQ
You did
not hear?
XQ
Did yo
hear
she said?
No, sir.
A
any of the
XQ You say the next
Yes,
A
XQ You
yo·
t;:lll
could
not?
At what
gotten
the
off
you first
sav.r their
she cro8sed
lw.ber
pile
right
say that
particularly
Arthur
I
did.
Hirsch
ry
ra1. out
XQ (Continuing)
werr; they
all
It
to me that
looked
XQ It
A
Yes,
come out?
the
street
in fro
vere· right
ff
in the gutter
--
No; just
A
they
t of roe.
there
toget11er
had. ju.st.
as t ey went overt
They were all
were all
huddled
sir.
e lu.~ber
pile?
A
together.
I
rmsn't
No,
in a heap or huddle
--
And l rs.
A
to them.
Hirsch
Mrs.
in the
looked
A Yes,
pile?
at them.
looking
You say th
XQ
Hirsch
sidewalk.
the
Did you see then
can't
No, sir.
A
blo 1?
arrns flying?
A
XQ In the edge of the lu.~er
XQ
the first
iue had 11rs. Arthur
Where 11ere the nen then?
betwe0n
were
ar sAflying?
No, sir.
A
mv baby
as I went up for
XQ
wa8 their
time?
At the tine
XQ
which had struck
at that
XQ Well,
A
you noticed
sir.
could
XQ
thing
I never
A No, sir,
convei"sat ion?
a thing.
heard
lunber
they
and the
pile?
A
went over
to you as though
tJVo men and Mrs.
I don I t know that
the
Isaacs;
t e
were.
top of it.
they went over
the
top
of it
sir.
XQ All huddled
XQ Then your
sir.
to what
No, sir.
A
I
No, :sir.
A
together?
attention
A
Yes,
was attracted
sir.
to your
child?
A.
Yes,
�..
•
�--114-XQ
sir,
And you did
see what ha1r.9ened out
in the road?
No,
A
I did not.
XQ You cannot
You can I t tell
XQ
When Mr. Isaacs
No, sir.
liclt
XQ
house
he?
fina~lly
sister
out
of Mr. Isaacs
A
on the
Yes,
wife
other?
A
No, sir.
No, sir.
about
that?
fell,
dicl you see hir.
A
Nhen he fell?
in the road. afterwards.
I heard
far
you,
they
just
door?
of the road
met,_ that
a little
Yes,
A
I understand
side
from th
Isaacs
sir.
and Mr. Isaacs,
If
the
around.
I understand
his
and. his
anything
He was rather
XQ If
XQ
which man followed
I saw him la.Ying
and turned.
wasn't
that
tell
XQ
A
the
not
past
the
step
that
and
cores
sir.
you,
the point
met on tJ1;e street
was ·just
come out of Mr. Isaacs
if3, Mox Hirsch
at which Mox,
about
opposite
A No, sir,
home?
.Mr. Isaacs
it
the
was just
steps
above
that.
a little
XQ
Just
above
XQ
When you say above
the
A · Yes,
step?
do you mean North
sir.
or south?
A I
mean south.
XQ
•
XQ
A little
nearer
A little
more up the 11111?
Witness
water
told
street?
A Yes,
A
to stand
CLAUDE ALBERT, examined
Yes,
sir •
sir.
aside.
on behalf
of the
Oo.2.
.. onv1ealth
b:r· hr.
Conrad:
Q
You are
Mr. Albert?
Q
a member of the
Yes,
A
Your place
of this
Mr. Albert?
Well,
I did
A
voices
-
11as been
difficulty
I don't
not know who they
but heard
of Woortson
&
Albert,
are you,
sir.
of busine3s
you see anything
firm
and the
v:ere,-rock
stated
by hr.
Woori.son.
in which Mr. Isaacs
know
could
tl1rown,
I cl_iclnot
not recognize
was killed,
see the fight
the
Did
parties,
and I mact.e t,}1e rerrark
that
and
�•
�r
•
--115--
there
was a fight
up there
and Mr. woodson,
Thorp and I ran
i.r.
up there.
no, he
He
Q
th~re
working
VlaS
fl.
odr1- r'l.:.1.Y
at
i.·1i t11
there
ffaS
you?
pany wit 1 us in f:-o t of the
Wh :re
Q
sir,
Yes,
A
in cor1-
he war:: there
stable.
.tr. Albert?
is Ur. T11orp now,
A
He is
here
last
at Charlot-
in a hospital.
tesville
to-day
eek ago,
a
Q Tuesday
I think
a week,
I believe
'7as.
it
I think
A
Q When did he go?
sir,
A vre11,
stable?
at your
Mr. Thor:P was a man 7ho was working
Q
it
he left
Thursday
was.
Yes,.
A
the day after
the grandjury
reet?
The d~Y after
or the next
daY after,
I
do not knovr ,1hich.
Q Did you go after
did you see anything
hearing
of the
this
racket
rock
--
I mean, to ask you,
you got u9 tbere?
after
N:o,
A
air.
After
Q
Isaacs
you reached
in the
there
lying
the
pl· ce did you see the l>oo_y of Mr.
A Yes,
road?
I helped
sir,
to carry
him in.
Q
Had anybody
reached.
Lud·.1ig Hirsc:-0. was holding
Q Did yoi carry,
ovm l10rne and placed
Q
his
about
r.
8 or 10 feet
Isaacs
into
bed;
any notice
that
ou got to him?
him up on his
him on the
Did you take
body was lying
hi n before
night?
from the curbing
own home?
A
In 111s
road
in which
place
Well,
A
lap
liJrn.
sir.
yes,
of tlie
Mr.
on his
knee,
his
A
in
I think
on the west
the
it
side
uas
along
of German
street.
Q
You ri ean his
Q
Now, his
were poi
Q
curb
His head
0
·:.
feet,
torrards
ting
on €!
head
·
1
rns?
then,
his
were
east.
8 or
10 feet
A
Yes,
sir.
in v,hat- direc-t ion?
house,
1:ras about
3tr eet?
Yes,
A
8ir.
from the west
A
side
His
feet
of
the
�T
•
'.
I.
�r
•
--116--
That
Q
or t .e road
the middle
or feet
would have :placec.l his
about
where
Q That is
not
did
quite
A
Q
With his
Q
Did you see this
not
Q
:feet
see the
Uot while
I vms at his
knoi.
near
of the
to the
the
Yes,
A
there,
board
Q
board
And lJy yo
there,
o.elivered
1
Nov:, l r.
Albert,
attention
testify
No, sir,
A
because
save yo· a little
trouble,
have proven as near as
that is the board.
Tl1at
denied.
we say that to
to save any unnecessary
believe
that that is the
by Mr. Thorp and handed
to
SJ1-eri:ff?
I delivered
A
it
to
A
To Mr. Crousehorn
the next
did
you he r anything
--
morning.
the
lumber
Well,
A
pile,
this
the racket.,
What first
kind
attract-
of noise
and then
u:..o
I heard
uttered.
you who it
Q
to the
to the fight?
Q You heard
tell
I
the next morning.
Going out over
an oath
sir,
No,
A
in safe-keeping.
it
ed your
side.
sir.
in the road?
was picl<ed up there
Q Mr. arousehorn?
Q
7est
to me.
Handed
Mr. Carickhoff
I kept
is,
That
feet.
This
A
body
at all.
Vie may
Mr. Conrad.
You
you can that
will
not be
you frankly,
we
trouble,
board..
you?
his
A
Albert?
llr.
MR. LEE:
Q
to
road?
more to the
east?
uas lying
it
center
in the l)ike
board
would have placed
Of the road,you
but a little
center,
reference
is.
the wagon track
so e~here
t,o the
A It
there?
Of' the road?
Q
body where with
fell,
so ebody utter
oath?
A Yes,
sir.
I can't
: as.
I su:ppo se you ma_y as ·aell
a moment ago?
Q It
a
was the
sa1
A Yes,
e language
--
Did you '1ear Hr.
sir.
he mentioned?
A Yes,
sir.
roodson
��--117-OROSS-EXAMIUATION
XQ When you looked
you heard
that
that
oath
probably
three
or four
guish?
A
I couldn't
but
XQ It
that
dire
.rou.
tell
tell
like
From tat
A
yes,
you co·_;_lc'i.ciistin-
in a bunch
in the
the
voice
of a mar. and see
o~ a man?
Whose voice
it
v;as you could
XQ
Mr. Albert,
in t· .is picture
there
tell,--
lunber.
people?
of a man
ed to come from
direction.
XQ
standing
in
tell.
used. by one of' these
the voice
XQ Seemed to be the voice
gentleman
two that
so .nd.ed. like
It
time
was.
whose it
sounde'
, tioi\?
you des~ribed
the
I .eou.ld. not
could.n 't
two and --
about
seemed to be engaged
were --
secl1ued to be all
oath
I couldn't
A
j v"lge there
maybe two --
between
Waf:J t at
XQ
--
sir;
Yes,
Mr. Albert,
how many people
should
I
something
XQ
back up there,
rned,
A
scuffle?
BY MH. LE>':
not tell?
coat
Ho, sir.
A
are yo'. the
(indicating)
:1ith your
sir.
Yes,
A
off?
In my shirt-sleeves,
A
sir.
XQ These
locate
where
XQ If
body lay?
XQ
Yes,
A
sir,
And the other
XQ
A
or the
~
as that
I couldn't
d,gy-
shor·tly
aft er,
you,
you are
near
about.
done the
tell
it,
If
that
day after
kno
to
standing
were the
feet
of the
about
where his
head was
·y or the
next day?
jucge.
you, sir.
I do not
were put there
~ir.
man was standing
'l
the
It
trage
wan
which.
.one either
Just
several
th.e next
day
after
--
days
after.
XQ Does the location
at
presume
A Yes,
the body lay?
I understand
there!
A As near as I could
lying?
vex7
two men standing
accurately
describe
is my Pict tre it
of the
the
cioes.
tuo men, as near
loc1. :Lon of the
I cannot
see it
as you could
1,ody?
fro
1
A
here.
Yes,
get
sir.
I am the
�,
I
�--11.8--
gentleman
in the
shirt-sleeve~.
DiliECT EXAMINATION RESU1ED BY MH. CONRAD:
Vifhois
Q
that
thiB
other
A That
man, Mr. Albert?
fellow
runs
restaurant.
MR. HAM1EH: Mr. Keister?
Are you and Keister
Q
ere
standing
there?
Q I kno
the
Q
Say,
Isaacs's
way
east
A I am standing
he is?
that
this
body lying
as you
I an so tr.ea.Fit of him.
of him,
or ara yo1 stancting
road
o:pposi te each other
imL'leti.ia t.ely
A
you are
Keister.
l'r.
}.ITHJLS:
down further
further
way
you opposite
towards
do~n towards
book here
this
but are
represents
the bridge
than
the bridge.
the
or th t way?
of him in
road,
now, vms 1.r.
Laying
A
right
that
( inclica ting).
Q
That
direction
is
the angle;
that
is
the head
in a nortlli1ec::terly
and the feet
MR. HAh:·'ER:
in a f30Utheasterly
direction?
'l'owards
A
the Myer's
Yes, sir.
house?
1'0U might say tLe bocy
almost West and East,
very near; kind of southeast
and.
northwest
like.
WIT.TESS: Yes,
wan laying
Q
When you speak
in VihL.,b it
rm!'J lying,
Hirsch
had. taken
don't
kno1 how·he
Q
You don't
he was lying
lifted
took
the
you speak
position
in his
arms?
the
posi t•ion
after
Ludwig
Hr.
Yes,
A
sir.
I
fell.
know in ,ihat
spot
in vlhen Hr. Hirsch
of his
body was lying,
of the
hir:i up and had hin
hii..viup on his
hold
of uhere
sir;
fee
he fell
or exactly
got to him? . A no,
knee and was holding
and we carried
MR. SIPE:
far
H?HESS:
·what 2_1osition
sir.
him by the
He had
head,
3.nd I
him in.
He haem' t r. overt his
as you know?
I ct.o not lcnow about
feet,
that
as
•
��r
•
--119--
THE COUHT: Did you say the body ms lying
southeast
and northwest,or
southwest
and. northeast?
WITNESS: You may say it was lying kind
of west.
The body rras kind of cat-acornered.
\11tness
tolcl
to stand
aside.
ME1.:o: court adjourned
for dinner,
and reresumconvened at 2:30 when testimony
ed. aB folloTTs: (Wednesday a~ternoon
Oct. 6, 1909 ).
DR. E. D. DAVIS, examined
1r.
on behalf
of the Comrnonwealth by
Conrad:Q
Doctor,
A Yes,
you are a practicing
county?
Practiced
A Yes,
in the
neighborhood
fifteen
of Lacy spring,
sir.
Q How long have you been practicing,
for
11ere in Harrisonburg?
sir.
Q You formerly
in this
physician
A Practicing
Doctor?
years.
Q we~e yol called
he uas killed
here
on to attend
a blow from
by
Louis
Isa~cs
ox Hirsch?
on the
A Yes,
night
that
sir.
MR. HARRIS: Doctor,
will you kindly
speak a little
louder?
I cannot
hear
you.
WITNESS: Yes,
Q
Did you afterwards
establishment?
Q
A Yes,
What did
the
Isaacs?
fracture
with hemorrhage
interior
portion
man came in to take
Q
These
as extending
it.
through
mortem in the undertaker's
there
as to the
was revealed
cause
a rather
of the
death
extensive
of the brain.
v:hen this
of the
fractures
out
mortem reveal
A Well,
Were you present
the post
sir.
post
of Louis
the
at tend
sir.
head?
I left
(using
here
photograph
A
before
vas ta.lcen of the head --
I was present
he had taken
Photograph)
when the youngit.
have been pointed
and down in here.
This
is
out
the front
�"
•
''
\
,
'·
t
�--120--
Part
of the head there,
Q
extent
That has been described
of t11ose fractures?
sir;
across
the base
already
extended
of the
sir.
by Doctor
Firebaugh,
to the base
of the
skull?
between
the
scalp
and the
the PID:iintwhere the blow aeern.ed to have been struc&?
contusion
Q What did
blow had been
Q
extent
of the
Doctor?
contution
Well,
A
blow to make that
blow to produce
thickness?
looked
to be so.
A
Was there
that
by you,
very
Louis
scious.
I don't
the severity
it
took a con-
What d.icl that
it
judging
.7oulcl. take
the
f!'OID
a considerable
skull
of this
as I am capable
as far
Mr. Isaacs
before
1ia.n normal
of junging
it
his
I
death,
sir.
after
the
injury?
any depr8ssion
slight
Q Was he conscious
Doctor,
that
Well,
A
was this
to attend
the blow vras struck?
A
indicate
of the fractures?
of the blow?
A Well,
Yes,
v'TaY
Yes,
A
Q That blo;,
seemed. to have been struck
judging from the fracture
and rrha t you saw
heact;?
A On the left
side.
Q
,a
amount of fracture.
You were called
Q Shortly
Q
that
amount of contusion.
as observed
in its
any
woulcl s, ggest
I woulcl say
that
Q So far
in
it
extent
as to the extent
believe?
A That would indicate
i:nclicate?
of the fracture
Q
was
There
A
scalp.
of the
Q What as to the
indicate
at
skull
strtck.
extent
The
of the blov,,
siderable
that
Yes,
A
skull.
Q What was the condition
a considemb1e
the
Ye~, sir.
A
Q Those i'ractures
Yes,
A
I believe?
Isaacs?
think
in the
A A slight
A
or unconscious
Well,
he recognized.
on Yhich side
of' the
the point
r1here
skull
at
depression;
depression?
A
sir.
Yes,
appeared
slight.
sir.
hen yoi
reached
he was what you call
Le
very
.at all,
him,
semi-con-
but he responded
to
�,,
.
,
..
'
~
�--121--
a :few questions
that
That was what time
Q
A Between
about
I spoke
half-past
of the
night
you first
sav1 him?
eight
and nine.
I did not
eight
or quarter
of nine when I was first
What time of that
Q
to him.
night
I judge
look.
did he die,
Doctor?
somewhere
called.
Died between
A
one and two.
He died here
Q
County?
At his
Q
Rockingham
horr:e here
county?
I
the
that
you found,
could have
ground
with his
unless
he would. fall
·- Q
a serious
it
head,
From a great
of' course,
sir.
one and that
it
is
in
might
else
probable
been brought
or falling
serious
I told
them that
was unable
to
be.
in corJ1ection
at all
of his
I
na tu.re of the fractm"es
and anything
do you think
condition
A Yes,
saw him?
condition
which,
o:f the Hirsches
the family
from the
contusion,
in Rockingham
sir.
time hovr serious
Judging
Q
the
Yes,
when you first
considered
say at
in Harrisonburg,
A
Q Did you advise
condition
home ih Harrisonburg,
sir.
Yes,
A
at his
about
on his
and the
vii th the
or likely
by siuply
11ead?
distance.
height,
A
Yes,
of
injul."'IJ tllat
that
such
striking
the
A I think
from a considerable
you mean?
extent
a
not,
sir.
OR0SS-EY..A1HNATI
ON BY MR. LEE:
XQ Doctor,
measurements
point
of the thickness
of injury?
XQ
is called
XQ
A
of the
ought
Doctor,
to be?
the Parietal
you ge tlemen
A
whereabouts
you indicate
o:f th8
tl1ickness
No, sir,
skull
did you make any
of the dead man at
at
that
the
profession
.of the
normal
is "'."Thatin anatomy
A I do not understand
on yo·U' own head
medic8.l
point
I do not.
on the human head
eminences"?
11
Will
autopsy
No, sir.
Do you kno': what the
human skull
XQ
when you were making this
where what
as "Parietal
you.
is known to
eminences 111
��!
•
--122--
A
They are
parietal
it
not?
Yes,
A
was in the
as is
the fracture
the
XQ In other
words,
by that
expect
xq
being
to find
t.l e extent
I believe
So that,
stricken
there
have
had very
XQ
to say,
11 ttle
a cor:ir~on and ordinary
sufficient
XQ
unable
to say,
yes,
as a doctor
that
Bir.
anatomy,
point
You never
lays
tells
,rhich
is the
severity
fracture?
in regard
to that.
result
you that
case
you found
at that
I would think
that
the
t:i:ie :frac-
A Well,
In fact,
tures of the
of a fractti.re
do.;m as
to cause
that
fra
it
f'ro11 a blow
resulting
own experience
with
sir.
to
so.
at
now.
about
the
enough
would be of course.
suff'icient
experience
a fracture
think
I do not recall
your
rr. Lee,
re~ult
Well,
in his
A
unusual
severe
I should
common character
with
I
I
slcull.
there
would be
point?
A
Well,
so from a blow of
force.
That
would be your
XQ A blow of sufficient
sir.
A
Mr. Gray,
But you do say that
I am really
not?
such
such a condition
as!31.lming of' course
there
just
of a blow stricken
result
of fact
was nothing
am not prepared
just
of the fracture
does he not?
v, as
that
vhich you f'ound and w11ich is
a fracture?
that
As a matter
is
as the
point,
true.
blow,
waR it
point
sir,
the fracture
of a very
XQ
ture,
the
occurred,
from this
there
that
Yes,
A
a fracture
that
you found
photograph,
enough to create
know what
injury
eminence,
of a blow at
at all?
would
this
resulted
parietal
fracture
a fracture
indic;ited
of vhere
that
of the
the oo~unon result
create
blow
cR.lled
sir.
Was not
XQ
is
They are
sir.
neighborhood
Yes,
A
at
(indicating).
in the neighborhood
is
XQ Novi, take
hard
there
eminences.
XQ It
is
along
opinion?
force
A
Yes,
to create
sir.
a frac~
re?
A
Yes,
�1/
j
�r
•
--123--
XQ There
tu.res running
throu~h
There
XQ
tu.res
•1ould be nothing
running
f'ract
re
the
1traversing
side
throu[;h
at
that
skull,
since
half
A
outlying
no,
A
:frac-
sir.
a blow on the side
of·
the bone and
unusual
in that
even as f'ar as the
fracture
other
sir.
No,
Mox Hirsch,
the
defendant
here?
101
g have
A I have known him
you cno''fn hir:1, Doctor?
in Harrisonburg,
Ho Y long have
you lived
probably
beforP,.
in Harrisonburg?
A
six
and a
years.
Yes,
A
him?
been his
A
Probably
for
in sick-headaches?
nervous
XQ
result
XQ
tit1es.
is
it
him?
that
~ir,
What is
sick-headaches.
of the
stomach
knov that
he is unusually
that
you can see it
his
result
nervous
Ro.
He is
he is of such an unusual
serious
the
resultin~
I wo 1ln. jud,:>:e.
at tir. es 11e has a very
he has that
that
--
have you treated
or not he is a man of unusual
n.,t a fact
so severe
Yes,
treate~
sir.
temperment,
temperment
of the heart,
d.isturbance
rel:!., I don't
A
Doctor,
XQ
A
Yes,
A
of a nervous
rather
over
Doctor,
to disturbances
Do you know whether
t ernp ermen t?
--
of aili;1ent,
stomach
XQ Was he subject
XQ
physician
sir.
For what character
XQ
at
these
enough to break
skull
do you kno,;:r i r.
XQ Have you ever
the
of the
i,,1ould there?
my residence
XQ
heavy
frac-
HO, sir.
A
woulr 1. there?
a man receives
outlying
sir.
How
XQ
these
sua_l about
";oulc:l be nothing
p rts
Doctor,
Yes,
point
al about
v1oul6, there?
skull
if
there
of the head,
A
the
words,
certain
XQ
skull
w011.ld be nothin<.:> Ul
XQ In other
the head here
the
unus
throueh
palpitation
underclothing?
trouble.
of,
Doctor?
A
That
could
be
of' exciten.ent.
He has
that
in a very
marked
degree
has he not?
A
Yes,
�' .
�--124-
A Yes,
XQ At times?
XQ Is
is rather
not a fact
it
unusual
ordinary
Doctor
that
that
condition
and nru.ch more accentuated
Patients
XQ
sir.
of his
age?
As a matt er of fact,
Well,
A
of his
heart
than you would find
in
is very mt.tch accentuated.
"
is not he rather
a frail
man?
Doctor,
it
MR. CONRA: Yo l. are exa 1 ining the 'Ti tness
on a point o:f your own and asking ·
leading
questions.
You are making
the Doctor your own witness
along
this line.
MR. LEE: Yes, I guess yo1 are right
about
that.
I clici not in end to lead. the
witness.
I will change my questlons.
ask you to state,
XQ I v1ill
frail
his
or a robu8t
appearance
XQ
this
If
it
tragedy
105
is his
A Well,
man?
he is
I woulr'!. s:3.v he has rat.
can,
here
to say with
:pounds,
a~ bearing
only
respect
or not he is a
not robust.
Ju ging
Doctor,
weighed
or his
physical
from
appearance.
that
on the o.ay o:r
105 pounds,
what
to a 11an of hif.:'l height,
weighing
A What
condition?
height?
XQ Would you be kincl enough
would like
hin,
whether
er a frail
to your knowledge,
tbo defendant
would you have
only
Doctor,
to know that.
Doctor?
certain
what would be t e average
height?
A
Yes,
not with
tables,
normal
'71
and find
out.
I
th ;1hich to measure
me.
Doctor,
weight
stantd.ard
tables,
showing
of a 111.anof a certain
sir.
XQ Have you those
them over
Have you so uething
A No, sir,
XQ Are there
to come around
tc1bles v1i th you?
A Not. with me.
I have
at my office.
MR. LEE: ( To accused)
Now, suppose you
go around there right
against
the
wall,
tr. Hirsch,
and let the Doctor
R. SIPE:
Let the
Sheriff
mea~ure
him.
un. CONRAD: As t11e Doctor has to do the
testifying,
him
better
let
him mea8ure
-
��' .
--125--
:MR. HARRIS: Doctor,
_ Hirsch, please,
MR. LE:'.:;:
you measure
Mr.
to get it as accu.rately
gentlemen.
Try
possible,
wrmNESS:
\7ill
Jt1 ive
six
f-eet,
MR. CONRAD: Five
and a half.
i11ches
feet,six
as
and a
inches
half?
WITUESS:
XQ Do you kno"l,
5 feet
sir,
6 inches
but
I
of this
pounds
and a half
think
XQ Well,
abott
if
trouble
below
it
the
XQ These
companies
XQ
'fou are?
XQ
If
a wan is
105 pounds
ym.tr insurance
Yes,
A
I will
only
below
nornal
far
regard
the
the
tine
least
forty
sir.
a frailty
of physical
1ould;
yes,
sir.
Doctor,
that
you speak of are
life
insurance
1
--
companies
for
A Yes,
insurance
any
company?
--
~otten
I
as much as :forty
ihen he ought
companies
pounds
to weigh
under rrnight
011
him as a man not
question
'18
XQ You would regqrd
hin
as a normal
for
llim as
~
normal
the
Is
a
145 ct,i, 148, oo
Ph~rsicians,
,ould
A No, sir.
man yould you?
MR. CONHAD: Don't forget
you are
ing him as your o m ,ivitn ess.
XQ would. you regard
the man
life?
a phy ician.
to wei~h
you gentlemen,
in good health?
his
exception
105 pound.s, when hebu 0 ht
that
--
145 or 148 pounds
19s11e a policy
ask you this
weight
Yes,sir.
A
sir.
Objection;sustained;
accused.
man TThoweighs
at
sir.
Are you Examiner
XQ Well,
say positively;
he would be at
indicate
it
tables,
XQ
weighing
will
Yes,
A
he?
that
I suppose
standard
not
Hr. Hirsch
t11'it
Pounds,
105
wouldr-'t
1ould not
up by the insurance
believe?
transpire
'.'leighed
A Well,
A I could
of a man
to 148 pounds.
145
normal
oug!"'.t to qe the weii;ht
rll'lt
tall?
should
only
XQ Would or
make-up?
Doctor,
sir.
Yes,
man?
A well,
examin-
not robustly
��I
'
i:
..'
-126--
so; no,
sir.
DIRECT EXAMINATIO J BY MR. CONRAD:
Q
What aged man is
145 pounds
it
1hen he is five
that
they
are calculating
feet
six i .ches
as they
e;et older
tall?
on t11at
veighs
Well matured
A
man.
Q some men get fat
they?
Yes,
A
Q Is
the
average
age?
Is
strength
sir.
not a fact
and yet
it
that
a man may be considerably
be more muse 1lar than
not a fact
deprive
below the
that
themselves
average
normal
athletes
of the
in order
excess
flesh
A I could
weight?
OOuRT: If that
S'UStaineci.
their
an~ thereby
get
not say as to that.
is a subject
Q Well,
of weight
then,
I do understand
does not indicate
to a reasonable
extent
it
you to say,
lack
doe
is an objection,
He is
1'1an belo··
ordinary
the
Well,
of Mr. Mox
in stature,
is he not?
A I
ted. with
sir.
we object
to that.
it
vou.lci. be admissible
waY of cross-examination.
MH. LEE:
Yes,
the :rather
I expect
by
A
A
•
COURT:
ox Hirsch?
po ver?
that
not.
MR. LEE:
Are yo 1 acquaii
Doctor,
A Yes, sir.
know what his
Q
though,
of muscular
Q Mow, you knmv Mr. Lud ig Hirsch,
do you not?
objection
sustained..
COURT:
don't
the aver-
I do object.
MR. LEE:
Q
than
to increase
Do you think that
of expert evidence?
Hirsch,
less
a man who weighs
MH. JJEE:
lack
don't
Yes, Rir.
A
Q
it
and some get leaner,
we note
the brothers
an exception.
and the
sisters
of
�r
''
�•
•
!
-127-Q
You have practiced
Q
Well,
in the
family
have you,
Doctor?
A Yes,
sir.
Mox Hirsch,
they
large
excepting
people?
tl1ey not frail
No, sir.
A
mean in height,
know whetl1er you call
characteristics,
stature
been
that
I judge
and physical
Q
possibly
that
they
were
stature
on the bone?
or not?
are
about
I
the
A Taking
an average
in
make-up.
A Yes,
sir.
sometime?
A Well,
since
he has
in Harrisonburg.
A I su.ppose
some years?
Q Did you practice
Q
stature,
in
of
large.
I -;-1ould judge
they
Had you kno vn him for
living
are not
I mean in flesh
Q Did you know Mr. Isaacs?
Q
they
and sisters
stature.
Q I don't
family
tl1e brothers
No, 9ir,
A
are
Leon Hirsch?
of average
don't
as a family,
On the contrary,
Q
about
are
Mox Hirsch
in his
was a taller
two years.
family?
A Yes,
sir.
man than he was,
wasn't
A Yes,
he?
sir.
Q so far
judging
A
broader
as you saw ir.
from his
Well,
appearance,
no.
Isaacs
very
He was not as tall
was ace 1stomer1 to,
such as 1r.
a n~n.
Q This
Palpitation
the vest.
he was confined
to strength,
or clerking
Abel 1 iller
much on the individual
through
and in hi9
than
home,
Mox Hirsch?
He was apparently
a
man.
as Mox Hirsch
store
street
wa!'>he any more robust
Q Which is more condusive
ing
on the
exercise
in a store,
A It
such
merchandis-
would depend
as to that.
of the heart
Did you ever
in jail?
has here?
outdoor
trouble
notice
A Yes,
that
a 1iJthing
sir;
you coul.
of that
onc13 or twice
see
kind before
I saw him
when l1e was sick.
Q
I want to come back to these
eminences
on tlte
side
of the
�..
�--128--
head and fracture:
do I understand,
in ansr1er to Mr. Lee's
the
skull,
questions,
that
which would produce
to produce
as large
head?
A I said,
in my opinion,
Any blow that
fracture
not
A No,
woul~ be likely
as much ~orce
as in this
you,
fracture,--
slightest
produce
as much fracture
clear.
I 3.m a little
blow that
according
A Yes,
in
with
I judge
it
if I
any kincl of a
Do I make mvsel:f
A slight
fracture
place
there
(indicating)
was rr~de?
~hich
it
there
be greater
was
would probably
language.
my
to the amount of' force
sir;
if
blovr or a
--
LEE: If it only did that,
do no more, o~ course.
on that
Q Would the fracture
extent
a fracture
would produce
a slight
1'h'..
upon the force
cases.
of a :fracture,
confused
BY COURT:
extent
in all
as you found here?
Q would a fracture
a fracture
7ould make as laree
that
kind
would only produce
force.
You do not mean to say,
any blow at all
the
in this
f'orce, to make such a
to make as large
case?
of
would be suf-
as you found here
sufficient
sir;
case?
at all,
part
any blow of sufficient
case,
Q It
underst9.nd.
i;1as of
you meant to say
any blow on that
a fracture
as was made in thiR
as in this
that
any fracture
ficiP-nt
Q
Doctor,
could
depend for
A
Yes,
its
sir.
in extent
used
it
or less
in making
in
it.
so.
CROSS-EXAMDTATION RESUMED BY MR. LEiiJ:
XQ Mr.
a titributes
not true
Conrad undertook
to ask you about
t...rie<iiff' erent
members of the Hirsch
of
that
one of th m has already
one has consu.r11ption no ?
~~ltation,
has tuberculosis
strong
A In one case
but I suppose
XQ And about
chested
XQ Rather
but
she did
A
I never
weak in the chest,
of conrntmption
I was only
now; is not th0re
Not that
found
family:
called
and
it
is
and that
in con-
die of tuberculosis.
the one living
now?
died
the history
I know of,
any tuberc
though?
sir.
one living
she is not
lar condition.
A
Yes,
sir.
t.hat
�'
.
�'
r
--129--
DIRECT EXAMINATION RESUMEDBY MR. CONRAD:
Q
Who ·i.'ac:: Present
A
What,
r1hen this
post
mortem examination
was made?
on Hr. Isaacs?
Q Yes,
A Dr. Jone9,
sir.
Dr. Burnham,
Dr. Firebaugh
and
myself
CROSS-EXAMIMATION BY MR. LEE:
th ere is
Dr.,
XQ
mot~ er of' this
Yes,
A
just
defendant,
one other
was a very
I have no recollecti
short
+ime before
large
told
to
JOSEPH DORSEY, examined
Q Were you at
aft er the
Yes,
the
time
'rould weigh?
seeing
I dor. 't know,
A
1irs. Hirsch
excejt
a
woman?
She ~as a fleshy
A
stand
a~i~e.
commonvrnalth by 1 r. conrad.:
f'or the
stable
this
of Hirsh
Brothers,
rr,an Isaacs
street
on water
·v;as struck
by Hox Hirsch?
sir.
Q Who was at
the stable
Geore;e Murray
to the house
to get
Q started
--
11th you?
a lantern
to the house?
Q
Did you
Q
Did you have
A
A
man by the name of
and Joe Hirsch.
1here n irl_ you go?
From there
Q
she?
she died.
Witness
--
the
sir.
woman; yes,
shortly
woman wasn't
1
n of ever
She was an unusually
XQ
Mrs. Hirsch,
sir.
sir.
Murray
large
How much do you su:p.Qose slle
XQ
A
question.
.eet Mox Hirsch
We left
A
went there
A
Yes,
there
and started
to get a lantern.
Gir.
on your
my to the house?
Yes,
A
sir.
Q What was said
said,
had
\Vhat's
11
a figl1t
any conversation
to him by_you
· i th him?
A
Just
one
and what did he reply?
the matter
arounrl.. there?
and I knocked
him do m. ''
11
and he says,
That
was all
:rord.
1
A
I
Me and Isaacs
11
that
passed
�·,
♦
�--130--
between
him and me.
,
towards
Hain street
--
dm7n rater
on hin
face,
or anything
Q Did he express
A
No,
He caLle on out
A
he go then?
dirl
street.
Did you see any indication
Q
blood
what direction
In
Q
of any scars
of that
any regret
on his
at
or
sir.
A No,
sort?
at all
face,
~hat had haP9ened?
sir.
OROS'3-EY,..AJ..iLIAT
l 01! BY MH. SIPE:
r.
XQ
Dorsey,
you know the Hirsches
well,
A Yes,
do you.?
sir.
XQ You are
A
oftm1
about
XQ Do you know this
A I don't
it?
A Yes,
two or tlu"ee times
about
XQ Vlhat was his
thought
the
stable
are you?
of Mr. I sa8.cS,
he has more than
the baby?
I know one --a
one.
A Yes,
sir,
tl1e Rtable
manner
playing
I think
I have
else.
9laying
towards
or otherwise?
anything
child,
i-1i
tl1 it.
or
sir.
once?
child
child
seen Mox :pet that
XQ More than
the
at
child.
XQ Have you ever
for
little
knorl whether
looking
caressing
premises
3ir.
Yes,
delicate
their
that
seen hi
and fooling
child,
that
with
of affection
A Looked that
·1ay to me.
he had it
lap
I think
on his
it.
I never
in the stable
and play eel -~·ith it.
there
XQ How long before
cee of that
say that.
have been
attantion
about
the
eath
to
a month or two --
that
did you see instanchild?
A I can't
different
tir.i.es I
stable.
seen
tr1er:1 there
about
the
stable?
that
nirrht
up on the
corner.
A
Yes
1
sir,
times.
XQ Did you see Mrs. Arthur
Mr. Dorsey?
of Hr. Isaacs
of Hr. Mox Hirsch
Might have been
XQ You have
different
the
A
She was stancting
Hirsch
after
the
fight,
When I got up
�I
1/,
I
I,
�--131--
on t'hc: ....:orner she ran up to the
for
a doctor.
street.
hollaring
Hirsch
se~,
is
to Mox Hirsch
said?
A
steps
to be excited_
was,
none that
have heard
right
smart.
if
him what -i:ms goin~
on.
anything
by
of that
e1i I met him,
,y
on tht.
1rs.
Arth tr
around
to the
sort
something
corner
had been
like
then.
15
She seer.e d
When I walkeri dovm to where Mr. Isa .cs
she was saying,
You go on in the house.
11
XQ You heard
her
I heard.
She was standing
I dori 1 t know 'lhat
sai.rl to her,
I asked
I heard
ion or words addressed
She was., I guess,
from her.
I met her.
or by Uox to her as she passed
A No, sir.
XQ You could
before
the re1.son
as any conversa:t
stable?
" 'phone
A He had done eone on down
tirne?
met him just
I
anrl that
XQ
anct. was hollaring
11
Ylhere was 1 ox at that
XQ
the
corner
something,
and Mr. Hirsch
11
hir.1 say to her --
A
You. go on in the ho me.
11
MR. CONH.AD: Which } r.
of these boys?
Hirsch,
11
the father
The father
of these boys.
He
was sitting
down in the street
and
kind of up in his arms.
had i.r. Isaacs
HTUEss:
HR. HARRIS: They hadn't
in thd house then?
WITNESS:
Q
liari
Mr. Dorsey,
ty abo 1t its
looking
this
eyes?
<NNR.AJ1:
you s:Peak of,
child
Mr. Isaacs
No, sir.
TI OU BY dR.
atlt~XA.11IUA
taken
A I think
1 t have
did
rraybe it
did.
some pecu-
Kind of delicate
child.
Q
I mean,
Q
That
sort
of crost-5-eyed,
some defect
in its
eyes?
A Yes,
sir.
being
Mr. Isaacs
looking
Q
Isaacs
child
child,
is Arthur
child?
the
A
it
I
s child,
I do not know.
is it
It
not,
ins teact of'
vas a delicate
one I seen him with.
You don I t know that
child;
Hirsch
wa!:l a little
the
child
child,
you saw hin
caressing
and Ai~thur Hirsch
was 1 r.
has a little
�r
•
�.
'
--132-
child
it
that
has
Hirsch's
was Mr. Arthur
Q I understood
misunderstood
This
A
you,-child
to
to these
say tl1a t the
could
you v1hether
gentlemen,--
child
perhaps
was Mr. Isaacs'
they
child.
walk.
was Mr. Isaacs'
say?
tell
or Mr. Isaacs.
to
it
A I can't
of?
you in answer
Q But whether
you prepared
you speak
cros~-eyes
I can't
A
or Arthur
Hirsch's
child
are
sure.
say for
CROSS-EXAMINATIONBY HR. SIPE:
that
XQ
Did you infer
tlia t it
was Mr. Isaacs
1-.r.
Hirsch
Was the
child_' s nar.1e FlPoken of in your
ence
said?
child
to ask for
his
THE COJRT: was it
presence?
WITNESS:
XQ
Did any body tell
XQ
You had the
it
was Isaacs
called
you whose child
idea
You have
inferences.
it
by nrune in your
was?
(Interrupting)
A
of;
MR. SIPE:
I had
id.ea
it
what he haci an
is not testimony.
explains
was 1 is
his
idea.
THE COURT: I don't think
what his idea was.
Witnes~
told
to stand
D. DAVIS, recalled.
Doctor,
the
ir:: not
that
It
says
XQ
Ho, sir.
A
child.
idea
DH. E.
no right
No, sir.
MR. CONRAD: It
did
pres-
there?
MR. CONRAD: I object.
that
from any thing
thei'e
is
you see Mr. 1wx Hirsch
testimony.
He
he can explain
aside.
by Mr. Lee:
one question
after
this
I forgot
trouble?
to ask you.
A
The next
When
day
sometime.
XQ The next
day?
XQ ¥here TTas he,
XQ Will
A Yes,
in jail?
you be kind
enou~h
sir.
A
Yes,
to tell
sir.
tl1.e Jury
whether
you noticed
��..
'
-133-
any
about
cuts
his
1.vas an abrasion
There
or bruise
XQ Where was that?
the
right
bruise
side,
on his
XQ
A
mouth or lips?
upper
notice
any cuts.
lowe1~ lip.
show the
A
JurY.
was on
It
he had a ve-r,.J slight
to my recollection,
lip.
One on the upper
X Q, What did
on the
Please
according
I didn't
lip
and one on the
t}1.at seem to be the result
lower
lip?
of?
A
Yes,
A
Blo
sir.
of some
kind.
XQ
bruised
li oe cut?
Were the
where t ey ha
also
Yes,
of his
XQ
sir,
of any other
he complained
temple?
Q
not
his
That
was the
Was there
,1,3.y
after
A
any troubl
-
of his
face
g about
his
hurting
him?
temple,
and
the
trouble?
Ye. , sir.
A
H. COHHAD:
in
his
temple,
any bruise
in his
No, sir.
Did you see any bruises
on his
cl1est?
A
No, sir,
I did
chest.
Q
Ho·.v much bruise
A
Well,
it
Q
Could
you cover
was this
on his
was not a large
bruise.
it
with
lower
cent
a five
lip,
that
was there?
A Yes,
piece?
sir,
I
se y OU could.
Q
How about
Q
Still
smaller
Q
Well,
now, a man could
own fist,
Q
couldn't
could
He could
he?
this
bruise
than
make that
A
Yes,
A Anything
on the UlJJ?er lip?
a nickel?
he not?
Yes,
A
!!lake that
A
sir,
Yes,
if he ran
if
against
I
That wa~ smaller.
A
~ir.
he stru.ck
hi1. self
suppose
he could.
something
with
in the
d..a.rlc,
sir.
Q He cou~d make that
cell?
abrased
chest.
examine his
BUI)l)O
part
o:f lm.rtil
EXAfoINATION BY
Q
They were just
beQn nade.
Q Did he complain
A
No, sir.
A
if
of sufficient
he struck
force
it
against
to bruise
the
side
of his
hat
,,1ould cause
it.
�..
'
�r
•
--134-Q
You do not mean to say that
A
No,
a blow with
a fist
ca:1se11. it?
sir.
Did you examine the upper gum
to see if there was any bruise
on
tl1e gum itself?
MR. SIPE:
Uo, sir.
HTUESS:
Witness
told
to stand
WEB liOGLAUGHLIU, examined
that
by Mr. Conrad for
Did you see Mr. Hox Hirsch
Q
Hr. Isaacs
quarter
'/as killed?
of ten
A
shortly
after
kno'H the
Where 'ias h6 when you saw him?
Q
the
half-past
tine
A
Com..rnonw~alth:
on the night
--
r 1 as between
It
I clon 't
o 'clrcH..
aside.
nine
and
exactly.
Do rm near
stable
t1le
door.
Q On water
Street,
down near
Hirsh
Brothers'
stable?
Leon,
brother.
Yes,
A
air.
Q Who was he in c,ompany with?
Did you see any in"lication
Q
looked
anything
hit
so,
said
him.
wh9.t did
to him,
face
about
his
face
that
A I did not notice
at all?
Here,
11
YOU
v1ith refr~rence
a!:k him and rrhat
what happened
to this
did he reply?
dovvn here?
u
di:f:fi-
A- I
and he said,
I
11
11
Did he say anything
had to do it?
ci:>out
having
done it
in self-defense
or
A No, sir.
Q Did he express
me, no,
of anything
Did you ask him any question
if
Q
his
his
at all.
Q
just
he had injured.
like
culty;
A
any regret
of any kind
about
it?
sir.
Witness
told
to
stand aside.
CoY!.lIIlonwealthhere rested
its
case.
A not to
�♦
�,,.,
I
•
..
-135--
THIS BEIUG ALL OF THE EVIDENCE INTRODUCEDor offered
be introduced
on its
his
on behalf
behalf,
behalf,
thereupon
introduced.
DR.
of
L
rould
ed.icine
Q
ago has
the
the
defend.ant,
following
you be kind
Q Was that
A
emergency
hospital
for
that?
six months
Q Have you had any other
you have
indicated,
nw service,
year
in Hartf'ord
and a half,
in operative
Practice
waN the
uork I done before
the Jury
ile
co~ing
A
Three months.
body of Mr. Louis
had been
perforr
year
Hospital
How long have you been :practicing
at
Isaacs?
the
A
autopsyI
onths.
medicc 1 hospitals?
eXPerience
Q
Q Were you present
Eighteen
A
for
besides
what.
the
anct. :ms there
there
I took
ana a half
saw the
two
a course
private
ye 'lre I was
at Raybrook,
New-York.
here.
edicine
that
that
Following
A
For t m and .~ quarter
o:f the New York state
last
was.
It
ring that.
hospital
Then I had ont
after
at Tewl<.ybury, Mass.
I went to Me v York City
Carolina.
how long
and was surc;eon
f'ollo
so, tell
school
profession
there?
Seton Hospital.
surgery.
superintendent
That
at
in south
if
and,
I am.
A
of what
What other
Connecticut,
Lee:
University.
Hospital,
hospital?
Went to Hartford,
on
June.
Q How long were you in the hospital
A
Jury
in your
state
Q Where diQ you go after
issue
by Hr.
in medicine,
since
practicing
a charity
the
at Harvard
In the Massachusetts
A
the
issue
I believe?
Harvard
A
Nine years
A
the
of' defendant
physician,
enoug~ to tell
When did you graduate
been?
to maintai1
on behalf
you are a graduate?
that
to maintain
evidence:
a practicing
you are
Q Where did you begin
that?
commonwealth
BURNH.AJ,{,
examined
,1. T.
Q D~ctor,
Q
of the
to
in this
as performed
body after
place?
on the
the autopsy
ed.
Q Did you see the skull
after
the
top had been
sawn off
and
�,
I
•
',
�--136--
the brain
at
taken
out?
A
I
did.
Q
In the condition
A
I did.
Q
Dirt you m·J.ke any measurements
the point
it
of injury?
Q Doctor,
vms in when that
of the
I did,
A
A I was asked
thickne~:::: of
you go there
to go there
I made the measurm ents
defendant.
Yes,
11r. Hamrner requested
Q
the autopsy
had been
at
Q But after
you arrived.
some rreasurements
Q I~
the
skuL
Have you
Q
ments?
A
No,
other
,,_t. e point
the rule
side
the
there
at
the requ.est
tlle autoPS'/,
you got there?
of your
Yes,
A
at
Yes.
A
own volition-you
made
sir.
the Jury
if you would tell
of the contact,-or one-tenth
,ri th you with
but
t11e point
what
of the
of an inch.
Vihich you macie the measure-
sir.
rule
Your
Q
there
2. 75 r.aillimeters,
A
before
Doctor,
at
for
sir.
skull?
1ld be glad,
measured
injury?
the
of the
skull
own instance.
my
you to be present
completed
that
and make those
by counsel
MR. HARHIS: You welt
of 'cr-. Hali ....
er?
A
was taken?
sir.
at whose instanced.id
measurements?
photograph
on one side,
inches?
Q You mea ured
A
it
I believe,
Yes,
shows millir1.eters
and
on
sir.
in millineters?
A
Q
The skull
measured
at that
point
Q
And that,
you say,
is the equivalent
A
Yes,
Yes,
sir.
2. 75 millimeters?
A
Yes,
sir.
if
I underr.otand
was 1/10-th
Place,
Did you measure
and,
if
so,
you correctly,
of an inch thick?
Q That is an accurate
Q
of an inch?
sir.
Q Then,
point
of 1/10-th
the
A
measurement,
thickness
.
what measurements
the
Yes,
skull
that
sir.
Doctor?
of the
at
skull
did you make.
A
YeR, sir.
at any other
�f
•
�137--
both
A Yes,
sir,
on the
vault
I tool:. measurements
and on the part
the
skull,
i th the base.
I sup-
which was the
thickest
part
of
Akull.
Q
The thickest
A
Yes,
millir.rntera
sir.
part
where
was that
Q
Was that
thicker
A
Thinner.
the
half
that
Particular
as thick
you have
violence
of an inch
thick
A I should
produce
the
point-~
the normal
I sh.oulct think,
as the
averaGe
stated
that
1/10-th
of' an
was not.
human skull?
to express
normal
this
skull
slcull
it
in a
should
be at
think
vms only
one-half
-1hat I ua11t to ask is this,
to fracture
a xiumai human skull
than
a blow of exactly
skull
under
a skull
of normal
half
how
one tenth
thickness?
the violence
thinness
of the
the
conditions
in which
by the photograph
as represented
Q To what extent,
tion.
sir.
It
than
was 2.75
would
same effect.
fractures
to the
that
A
it require
ould
You saw the
Q
Yes,
A
at
as a normal hum::1.11
skull;
much less
was inflicted
Place.
Doctor,
Q
A
nd.llimete1.~;;?
was 5 millimeters-.
injury
or thinner
as thick
was five
or not?
Q How mnch thinner?
about
part
thickness
thickness,
~'.fY,
skull
of an inch?
a normal
inch
of' th
thickest
The
or 1/10-th
Q Doctor,
i:f any,
skull?
here?
would you attribute
A
I don't
quite
it
A
its
catch
,,,as and
Yes,
sir.
condition
your
ques-
·
Q
in it?
You saw the
A
Q
force
of the
I took meam.u-ements from 2.75
up to 5 millimeters,
Q And the point
the
parts
connected
pose I took a dozen measurements.
millimeters
of' all
Yes,
skull,
Doctor,
and the fractures
that
existed
sir.
'l'o "That extent
would that
of the blow or of the
condition
thinness
of the blow would seem to be --
of the
I don't
~tite
be the result
skull?
catch
A
o:r the
The force
the point.
�••
�--138--
Of course,
Q
may have been,
I }cnow the blow,
produced
however
the fracture.
Yes,
A
Q But what I want to get at 1A this:
of force
had been
exerted
to have been exerted
have
been the result?
I could
A
Q BUt you do say that
produced
the
to prod.ce
I think
results
the
skull,
not
skull
skull
as appears
in you.r jud.g ent,
lighter
than
would
blow would have
woulcl have been required
in a normal
same results
same degree
say.
a very ruch
in this
normal
what,
it
sir.
aUPPose the
upon a perfectly
upon this
or severe
light
human skull?
A Yes,
sir;
that.
OROSS:-EXAJHHATION
BY MH.. C03RAD:
as an assistant
XQ Doctor,
or elsev,here,
hospitals,
expert
· n tl1e matter
necessary
had any Particular
XQ
tunities
hat
of the
You have
the
amount of force
A I do 't consider
in that
A
seen fractures,
Yes,
I have
regard.
then?
A
uo
particular
oppor-
when the blows ~ere
XQ
of t 1e blow,
inflicted
--
was, in Practic·
fractures,
not?
of cotrse,
A It
so that
how much fracture
as a practitioner
in
sir.
XQ But the extent
it
of a blow,
You l1ave had no opportunity
hospitals?
was
have you had to become an
fracture?
opportunities
in any of these
whatever.
XQ
those
opportunity
extent
a given
to produce
or Practitioner
the
extent
lly
every
was unkno~m to
you are
not
a certain
A I do not think
XQ And, therefore,
me; yes,
in a position
amount
that
you not having
of ~orce
been present
of the blows
case,
producing
unlcnown to you,
sir.
as an expert
to state
1ould produce,
are you?
anybodY is.
as nobody is,
you are
not?
A
I do not
c lair:1 it.
XQ Doctor,
what is the thickness
oft
e human skull
at the
�.
'
�-139--
point
where this
five
millimeters
would be an average
normal human sl<.ull -- where
XQ oan you refer
statement,--
A I think
blow was inflicted?
last
edition,
gives
five
millimeters.
Judging
parts
ment at the point
at that
point
and
in the
upon which you base that
Beckham's
A
authority?
t e average
and the known thin
een four
it TTas :fractured.
me to any authority
meo.ical
any
thickness
bet
thickness
of the
rhite
from the known thick
of the
skull,
Operative
where the fracture
occurred
Operative
last
as
skull
parts
we c~n infer
surgery,
of the
that
skull
the measure-
would be four
milli-
meters.
XQ Beckham's
ave1"age thic
thickness
ness
1
taken
Yes,
A
o:r tllo human skull
all
does not state
as a
Then your
is
hole,
it,
at vrhioh this
that
portion
millimeters?
A
statement
Is
that
of the
(InterPosing)
is based
I understood
does
of the
upon 1 t?
so state,
A
No~sir.
do you?
thickness
surgery
1
says,
illimeters,
therefore,
A
is based upon
it
uo,
that,
taken
and as this
ought
to be
sir.
on Beckham's
Operative
you to ask me for
surgery
an authority
is ·what I ans ered.
XQ I mean to ask you,
of the
whet er I did or not,
sl<.ull at ·the point
A I do not know any.
---
four
of the skull.
A That
upon the thickness
skull,
is five
hat you mean?
yo·t.r statement
XQ · I did.
Operative
thickness
that
as to the thickness
inflicted?
thickness
blow was inflicted
as to the average
eek.ham's
the skull's
ia a thinner
XQ If
the
sir.
No,
the fact,
that
millineters?
what is the average
XQ And you know of no authority
XQ
says
.of a 1hi te man, the average
over over you mean, is five
at the :point
A
edition,
sir.
XQ But it
skull
surgery,
for
an authority
r,here this
injury
was
--
�.
'
�!
.
--140--
XQ You do not know any authority
that
must be left
A No, sir,
to the individual
I don't
think
XQ What nn.tst it be left
ments.
If
a skull
the thickness
known thin
certain
averages
at any point
areas
parts
where this
to get
Particular
millimeters
average
to?
five
part
and some three
of the :Physician?
that.
it
to the measure-
is easy to compute
the known thick
of five
areas
millimeters.
and otliers
was.
must be some parts
or- four
and the
We know
thinner.
we know
To get an average
of the
skull
millimeters
of'
seven or
to get the
of· five.
milliIJeters
the method by which he computed that
was the average?
I do not know that
way.
ing point
on head),
of the skull,
just
measurement
at
A
internal
that
he compated it
millimeters.
point?
skull
That contains
A
in that
at that
point
a ridge
I should
That is one of the thi
point
(indicatportion
where it
is
I took a
skull.
thickness
say three
way.
part.
on this
the average
in any
That is a thin
is a thin
to that
XQ I am asking you for
at that
of the
particular
know how a
of the human skull
above the eyebrow?
is it not?
but directly
A No; but I don't
thickness
XQ What is the thickness
skull
millimeters
of the skull
man could compute the average
thick,
state
to be thicker
XQ Does Beckham give
other
A Not on
A Must be left
the average
there
judgment
you could
by taking
of th.e skull
millimeters,
eight
five
point?
point.
XQ It
five
on that
of the ouman
and a· half
spots --
to four
one of the thin
areas.
XQ Then there
at different
parts
XQ So that,
is no recognized
are thick
and thin
of the stull?
at last,
authority
areas
A Yes,
all
over the skull
sir.
we get back to the proposition,
on the ordinary
norma.l thickness
there
of the
�;,
I
•
�r
•
--141--
human skull
r~
~cs's
at
the point
head,
is there?
on vrhich you made this
measurement
A Do you mean, can I refer
on 1-r.
you to a
work?
XQ Either
given
by reference
normal thickness
was inflicted,
there
his
to a work or atherwise,
of the skull
and you only
at the point
arrive
there
at the id.ea that
be done?
Ynat is right
calculated
it
along
is it
those
not?
blow
the thiclcness
that
in the way you thinlc it
did it
no
at which this
should _ ave been twice what it was by supposing
method of calculation
is
Beckham in
ought to
I su.ppose Beckham must have
A
lines.
I do not kno~ what others
it
lines?
he could
have 15.one.
XQ
Doctors
to be a matter
calculate
of mechanics
on fifferent
This
A
seems
and not of doctors.
THE COURT: I do not understand
whether
the spot where the contact occurred
in this case was a thick or a thin
area?
Tl1at was one of the thin areas.
It is a thin place in the normal skull
one of the thin parts of the normal
skull.
WITNESS:
XQ
.sir,
Are there
I think
as any Part
that
any thinner
parts
is one of the thinne~t
of the normal skull,
and midQle fossae
than
contain
areas.
except
thinner
that,
Doctor?
A no,
That is as thin
in the base.
The anterior
parts.
MR. SIPE:
eye?
How is the temple,
back of the
WITNESS: It is a little
thinner there than
the squamous portio1 of the temporal
bone.
XQ
Doctor,
ice above him?
XQ
A Uo, sir.
Did you observe
aku:J). of this
XQ
did you ever try
A Yes,
at
a fish
by hitting
I have cau,r;11t them through
the condition
man Isaacs?
Did you observe
to kill
that
between the scalp
on the
tlle ice.
and the
sir.
time that
there
was evidence
of a
�; ,
...,,~·....
♦-
�--14-2--
considerable
blo
Yes,
A
, producing
results
at
that
point,
sir.
XQ Even takin 0 this
sltull
as a tenth
a blow of considerable
force
to pror'uce
eminated
from that
it?
A It
blow,
didn't
A I think
an:i it
that
XQ You . ere
ina tion
and have
employ of the
reqi.tired
I can state
XQ You t inl~ that
is
A Yes,
you?
in th ,ir
A Yes,
told
Christian,
A Yes,
Docto~,
graduate?
fro
Q
you are
Were you com.~cted.
ith
the
'1.ere
the
defen~e
by Mr. Lee:
of nedicine,
of anatonw?
Doctor?
I will
I will
and s1rgery
did you
University
of Virginia
of anatonv
and surgery?
of anato1
r'f
and s trgery
some four
of anatomy
for
and surgery,
years,
ask you what
ask you first:
is
at the
or five
A I waR demonstrator
A Eleven
as one
and surgery.
ou not for
you beca1i e Prof es, or of anatomy
human skull?
in the
of Virginia.
7ere ·professor
of Virginia,
Q Doctor,
yet
exam-
aside.
of medicine
of anatomy
You 't"ere dernonstrato1~
so continue,
and are
a Practitioner
of any department
Befo1'e you
demonstrator
employ,
for
what school
A I was professor
the
to go and make this
sir.
to stand
A The University
ity
force?
sir.
of the professors
Univer
a blow to
sir.
by the defense
continued
defense?
Q Doctor
Q
as
that.
nn. w. G. CHRISTIAN, examined
Q
required
a blow of considerable
true?
employed
Witness
Q
such fractures
them.
XQ Of course,
are
it
of an inch thick,
required
produce
did you?
four
for
years
years
four
years.
and then
and how lon[; did you
I think
the normal
I hand yo
it
was.
thickness
of the
a photo?"raph,
��--143--
Doctor,
whicl1 is
said
base of the
the
photograph
skull
before,
Yes,
A
to be,
of Ur. Isaacs,
since
not?
at
is,
a photograph
of
You have seen that
deceased.
you have been here,
A
indicated
have you not?
to you the point
that
of injury,
has
sir.
Yes,
Q I want to ask you ·hat
skull
it
sir.
Q There has been
there
and no doubt
is the normal
A A fraction
point?
over
thickness
of the human
three-sixteenths
of an
inch.
Q rrhat nould
over
be,
in tenths,
a :fraction
Doctor,
sir.
of an inch?
A
Q so that
the
of the normal human skull
thickness
would be just
A
Yes,
Q
I believe
a fraction
it
over two-tenths
has been
point
as to whether
think
it
~ould
shown here
of an inch.
res::._,ect to a skull
it
at that
of one inch?
was a normal
--
inarily
skull
or not?
abnormally
A
Doctor,
at
that
I
should
thin.
abnormal?
A Yes, I think
abnormal.
Would a sk 11 one-tenth
have as nru.ch resistive
2. 75 millir.ieters
of an inch tl1ick
be extraordinarily
would be extraor
that
What :1ould you have to say,
only one-tenth
be abnormal
Q would that
Q
Yes,
sir.
would be one-tenth
it
it
tro-tenths
point
with
pUtting
of' an inch,
at the point
mentioned,
:po11er to a blow as the norm9.l skull?
A
llo,
it would not.
Q
would it,
by a blow?
Q
hat
A It
Now·, Doctor,
&n·t
normal
thickness
I am going
anatomical
be much more ef:lsily
specimens
department
to ask you to tell
skull
at
:fractured
fractured.
you have based
of the huren
of ten
not,
uoulcl be more .easily
of investigation
examination
the
or would it
your
that
of human skulls
of the University
the Jury upon
opinion
point?
as to the
A
Upon an
which I obtained
of Virginia
from
and which
��•
'
r
--144-I measured
Nith '111 the care I could and f'ound t_ at the general
1
average
v1as
thicker
and some being
an inch;
the one \'lhich I
entioned:
I
a little
but the general
to be three-sixteenths
some of' them being
thinner
average,
little
a
than three-sixteenths
to be perfectly
of'
I found
accurate,
and one--one-hundred-and-twenty-eighth
of'
an inch.
Q In other
Yes,
A
sir.
Doctor,
Q
investigation
were all
skulls
of an inch?
of' white
men
Q
order
and that
Is
that
assistant
a skull
f'rom the
as a good
A
I thinlc
and I took that
ten,
in t1at
of Virginia
department
for him.
so.
judging
in
I first
by nv eye,
to the engineer-
to measure at that
Then I took that
point.
and remeaFiured the
I remeasured
skulls.
to verify his measurements, and all measurements came
identically
that
the same.
Then I myself
to
and got one of the
am then meaRured the remaining
myself',
co tld follow
ten which I thought,
of' the University
professors
a surgeon
at all?
sl<.ull of those
marked the point
measured
the rernaining
01t
nine
result.
Q Doctor,
human skulls,
tenth
your conclusion
that
That is the only one by which I see that
A
the only method which
ing department
with
or r.ot you .::.rouldregard
method of reaching
one?
be an average
just
uhether
to reach any conclusion
selected.
skull
the Jury
be done.
cold
ter
over t10-tenths
The specimens
tell
and sufficient
I
a fraction
I COUlQ get at the time.
that
it
words,
can yo
as thin
any skull
of an inch?
A
one in the course
Q
You have,
A
I have
ever havi1g
recall
at that
seen,
particular
I do not remei 1ber one;
of
my
no doubt,
in the handling
point
of
as one-
and I did not encoun-
investigations.
aeen a great
seen a good many•.
many, have you not,
Doctor?
��r
•
-145-OROSS-EXAMil!ATIOH
XQ You have
measured,
XQ And you might
I should
have
XQ The method
the
is
01
as this
of them as thin
it
is not very
likely
by which you arrived
at that
reach
any
accurate
it
is the
A I said
of t e sl<.ull?
you say,
conclusion
only one
saw.
In answer
XQ
that
to Ur.
the method. adopted
them was the
only
reach
a conclusion
think
I said
XQ
I,
I think
(Memo:
rapger,
at req1 est
second
It
is
A
The only
not
Doctor,
ten
skulls
thickness
and meas :tring
or surgeon
of' the
I saicl that
you stated
skull?,
waB the
only
could
A I don't
one I saw.
It
to say that.
used
xq
a mm:1ent ago,
by you in taking
as to the
of course,
the
Lee,
method by :1hich a physician
that.
was nw intention
is
you have
I might.
but
ly one by which any man could
as to the thickness
I
then
dozens
A I thinK
it?
done so,
than
sir.
have handled
one and not have perceived
that
Yes,
A
COHRAD:
naTJYmore skulls
seen a great
have you not?
BY UH.
could
only
question
judge
intention
3.nd ansuer
of Mr. Conrad,
to
by the
on p.
·Ii tness.
words
144 read
by stenog-
)
only method by r1hich you know it
could
be do e?
one I know.
Then the method
a good one,
is
to by Dr.
Burnham
of calculation
referred
MR. LEE:
all,
is not the same question
it?
},R.
That
at
XX~NXMXXlllN~RXEX~XOCX
COHRAJJ:
I
ct.o not
understand
--
a nur,1b8r of
MR. LEE: He waB measuring
skulls
and taking the average.
Dr.
nurbham was giving you the average
thickness
of the entire
human sl<.ull,
whicJ1 is quite a different
thing.
XQ If
the only method by which
it
could
be arrived
at
is the
�t
�--146--
method adopted
age,
by you,
namely,
then you know nothing
whereby you take five
that
ten skulls
that
point
point?
average
as the
millimeters
it
11ould be a fraction
A
If
thickness
you will
0£
and take
an aver-
of the method Dr. BUrnhan referred
am then conclude by mathematical
skull
at
to take
alloy
one definite
entire
thickness
process
to explain,
point
of the
of some mea.ns that
o~er t\vo-tonths
mo
to
of an inch at
I was giving
upon the human skull.
MR. LEE: That is what-he was doing.
nurnharn' s is the average of· the
entire
skull.
XQ And Doctor
Burnham based his
arrived
five
at his
result
millioeter
XQ
of process
Doctor?
just
I
arriving
r1
A
XQ You left
at it.
there
point,
or
upon Beckham's
~bout that.
Where are you pract:Lcing
kind
now,
there
of Virginia,
Doctor?
in 1905.
in 1905?
Yes,
A
sir.
at the University
of Virginia
now?
No, sir.
XQ When did you begin
as demonstrator
there
as professor?
of anatorrw in the fall
of anatomy in the fall
XQ Just
of 1899.
now you are engaged in ordinary
XQ And,just
like
practice?
A
XQ Gordonsville
I
tJlinl\. I became
Yes,
practice
as a physi-
sir.
doctors,
you engage in
sir.
is no larger
A Not as large,
XQ Doctor,
A
the Harrisonburg
Yes,
I went there
A
of 1893.
cian at the town of Gordonsville?
Doctor?
ought
vrhich one of you had t e right
XQ You are not a professor
general
at that
+,
Dr.
Gordonsville.
A I vas last
professor
1
I know nothing
XQ When 1ere you at the University
A
on wl
skull
as a basis,
thickness?
want to kno
for
A
by starting,
average
calculation
of Mr. Isaacs'
to have been the thickness
the
than Harrisonburg,
i~ it,
I imagine.
do you agTee uith
Dr. Burnham that,
even according
�' '
'
I
, .. t,
I•
''
�,,
'I (
--147--
to your
judgment
investigation
as to the
here
--
nay choose
as you
siderable
to have
force
force
I never
of the
of this
even with
that
it --
to thinl'-
as were found here
the
that
thicknes~
it
produced
in Mr. Isaacs
thickness
required
I
skull?
I
it
never
weighed
probably
slate
covered
not fracture
it.
XQ
That
broug
skull
only
such a
are
hall.
I
did
as r:1e have
inches
thick,-anci. did
not brealt
exhibited
the
direction.
here?
The body had just
dead.
on a
was lying
been
He had been hung.
thickness
or do they differ?
deal.
A uo,
sir;
it
would
them to be identical.
if
thet
rhere
to hit
him on the back
thin
portion
o:f the sl(ull,
is one of the
this
of an individual
is very
No,
theD to differ?
than
XQ It
skull
skull.
a hammer that
I ever made in that
of uniform
a great
XQ Then, Doctor,
the place
the
No.
the dissect-
of a negro's
thickness
A
skull
dry
skulls
be very uncormnon for
A
in
.ti
one and a half
ex~eriment
XQ Is it uncomn10n for
to life
about
was a man recently
differ
tr·
I
heavy hammer,
the harni:er?
XQ Doctor,
the liead --
the
how much
.
dissecting
Skulls
of any thickness.
.11th the ha:nn1er as hard as I could
t to the
A
say what
of any thickness?
pounds,
a slate
is the
No, it
not
and have no idea
that.
-rith n pretty
Did you break
XQ Was that
A
it
table,-the
harmner.
to test
two and a half
and I struck
danger
a skull
to fracture
on one occasion
to fracture
con-
fractm.·ed.
requires
I tried
or thinness,
I could
a skull
had but one means of testing
ing hall
under
and rru.mber of fractures
A
XQ You do not kno~ how much force,
force,
skull
a blow of very
the exter't
blow was to fracture
saw a skull
particular
blow v1as struck
at that
of the head?
but far
dangerous
thinnest
to hit
point
of
tr1e:re is nore
from a given
A It
from being
--
portions
blow
is a comparatively
the thinest.
a man above the
ear on the
side
�..,
�.·., .
--148--
of
A Yes,
the head?
Because
XQ
ous place,
Places.
sir.
of' tlle
but
it
is not
XQ But by reason
at
--
that
yet
liable
not
and that
place,
all
of the
skull7
A
so !!llch thinner
there
than
is vecy rruch thinner
It
places
thinness
is
in other
being
thinner
there
so with
every
body --
all
they
differ
that
so?
XQ It
A
More liable
A
not necessarily
liable
and,
by being
struclt
at
to fracture
injury
to Produce
but
the
--
fatal
concussion
contusion
')_re thi
therefore,
that
more
point,
at
ner
point,
that
skull
aoncussion
or concussion.
dangerous,
at
place,
to produce
is more liable
contusion
necessarily
injury
at other
skulls
in thickness
at
there.
than
that
are known to be thinner
fatal
at other
than
of its
although
to produce
places
is a danger-
It
is
that
point;
injury.
in the
brain?
of the brain
is not
is.
DIRECT EXAMINATION
BY Ml{. LEE:
Q Doctor,
than
the
thicl<er.
sl(ull
the
skull
of a .hite
of a negro
is very
man, is
not?
know.
I never
decidedly
thicker.
How much, I do not
to determine.
It
is
very
it
Hn.
COHRAD:
the
skull
very
A
It
much thicker
is
considerably
ade any measu.rements
(Exhibiting
a slcull)
Is that
of a negro or of a white man?
YTITHESS: It is impossible
for a man to
sta ter:--:ent. I should
make a positive
judge that is a white man's.
MR. co1mAD: If a neg:ro 's skull is very
m1.1chthicker
tha1 a ·white man I s, why
is it irpossible
for you to tell
hether that is a negro or a white
rnan I s skull?
e to tell
WITUESS: It is i possible
for
v,hether the neg:ro was a pU:re negro
or white.
They of course vary.
I
can tell
you that is not the sk.ull
of a perfectly
pure negro.
The man
that had that skull might have had
c,ome negro blood in him.
I could
not say that in 1 ot true.
��--149--
is more vhite
XQ It
Witnesq
man than
told
to stand
DR. D. R. GOOD, examined
Good, ~rou
Dr.
A
Yes,
Q
Where a.re you now practicing,
Before
and practice
in this
county?
long
H0'.7
Q
Doctor,
practice
Dayton,
A
Yes,
A
in Dayton?.
A
Virginia.
sir.
Foir
years.
in Dayton where did you
in Harrisonb
on Mr. Hox Hirsch?
Q
Doctor?
He.rrisonburg.
A
While .a physician
to wait
by Hr. Hammer:
physician
at Dayton?
commencing your
riedicine?
Q
so.
aside.
..... practicing
Q How long have you lived
practice
I think
A
sir.
Q You live
Q
s skull?
f'or defendant
Q
!:lre
1
negro
you ever
have occasion
I did.
A
were you his
1.rg did
family
physician?
A
For three
years.
either
of' his
state
arms -
rhethe:r· or not you ever
broken
arm.
Object,
.UR. CONRAD:
Doctor,
Q
and if'
state
whether
so what dicl vou do?
putting
a plaster
cast
to set
had occasion
because
or not you ever
A I hare
on an arm,
a f'aint
set
leadillG•
g_ny bones f'or him,
recollection
of
I think,Possibly,one
forearm.
bone r,a s f'rrtctured.
Q
whether
Q
Doctor?
I will
ask you,
the other
Dodtor,
arm has beer. broken?
How long ago has
A I cannot
it
tell
been
A No, sir,
since
you set
that
ovm kno;,:ledge
I do not.
arm for
him,
you exactly.
Q Give us an estinate
t11an five
do you 1a10v of your
about
hou long?
A It has been longer
years.
Q s01ething
like
five
years?
A
While I Tias Practicing
MR. CONRAD: He said
years.
longer
than
five
here.
�f
•
�--150--
Doctor,
Q
v,rhat do you have
is he a weak -Well,
A
weakling,
he is
to say as to Mr. Hirsch's
so to speak
--
not -- I consider
or a strong,
physique,
robust
man?
him --
you speaking
now from
some examination
made, or just from
casual observation.
MR. CONRAD: Are
MR. HAf,:·.mR: From his
o •m observation
of the man.
knowledge
Q
been
You have beer. consulted
in Dayto
Doctor,
even since
you have
sir.
Yes,
A
?
by him,
and
THE
courrT:
Do you mean to inquire
as
to nruscular strength,
or health
of
bodY?
MR. HA.Ml
,J!JH: Both.
Better
THE COURT;
at a
ask one question
tine.
V/ITUESS: As far
is
concerned,
sidering
He is
very
height
light
And as to his
not
rnuld
I
his
exactly
as his
not
consider
°'
helth,
condition
and strength
him hardly
an average
He i!3 not a heavy,
and build.
in that
frail,
physical
respect
and belo'7
he is hardly
t:IUscular
average
a strong
consideren
a youngman
but he wa
the
that
man, conman.
in weight.
nan.
complained
He is
a great
deal.
Q Do you recollect,
A Principally
XQ Doctor,
Doctor,
for
strike
can a man that
weight
is,
A
one about
XQ I am talking
rh~t troubles
gaetro-intestinal
as a man who has not?
might
for
Vell,
as hard
about
do you,Doctor?
troubles
has
indigestion
--
hit
he would possibly
under
certain
one blow.
A No, sir,
you treated
him?
indigestion.
as hard
a blow
one blow.
He
circurnetances.
You do not kno r what his
I have not weighed
him.
I
do not know.
XQ m1ile
you 1irnre here
didn't
you see him frequently
engaged
�r
•
�'
'
--151--
in work as draYman,
of all
kinds
A
here
han~ling
-- hauling
trunks,
five
years
ago.
seeing
ann freight
wagon on the streets?
street
horses
whether
A No, sir;
of work or not?
boxes,
him on the
He was handling
You don I t recollect
XQ
in his
out here
do xoc:k:recollect
I
barrels,
when I was
ancl stock,
you savr hin
doinr;
sr:ecially.
that
class
I do not recollect.
DIHECT EXAMINATION BY HR. lIAHHER:
Q Doctor,
Hirsch
has not
A
has he?
that
you know as a matter
in that
worked
I do not
of fact
heavy
recall
ever
that
business
seeing
Mr. Maximiltian
for
the
last
15 years,
him in connection
,1ith
work.
Q
I will
asl< you v1hether
or no
it
is a :fact
tha.t 1r.
'1axir.iilian
.
Hirsch,
the defendant
of trading
A
the
line
ltere,
and dealing
in horses
To my knowledge
of draying,
has been
that
engaged
:for the
in the
last
has been his
lighter
work
ten or :fif'teei1
vrork rather
than
years?
along
as I can remember.
as far
Who has done the
THE OOURT:
dray work?
WITUE!SS: The younger boys.
I don It know
whether I can call their names or
not.
Q
You mean by younger
Those younger
boys--
His younger
A
ox.
than
brot:t1ers,
Arthur
and Rieves.
Witness
told to stand agide.
D. ~. CROUSEHORN,
recalled
4
state
l'lhether
which :Mr. Isaacs
here?
A Yes,
Q
lost
sir,
first
of the
Q
next
T'ne first
or not you at
his
life
any time
you v:eighed
~cfendant:
af'ter
this
Mox Hirsch,
af'f'raY
the
in
defendant
I clid.
When did that
.Monday or Tuesday,
Mr. Sipe for
by
occur,
A It was either
H1.•. Crousehorn?
but I am not certain
Yhich.
It
was son etime
weelt.
Monday following
the date
o:f this
affray?
on
the
�r
•
�r
•
--l52-or Tuesday;
sir.
As a matter
Q
not
yes,
It
recollect.
of fact
it
onday,
was
was one of' those
1r.
Q And vhat did he 1eigh,
:Jas it
not?
A
I do
two days.
crousehorn?
A
He weighed
105
ounds.
CROSS-EXAl, !NATION
What scaled
XQ
Pair
I
that
did you weigh him on,
one of the
thi11lc they
BY R. CONRAD:
Mr. Hirsh'
told. me they
s broug
got it
WITNESS:
you say?
A Yes,
of scales
They balanced,
A
"Jere near
A Pair
to the
abo'dlt the
accuracy
about
and I weighed
correct
\fuen you weighed
on?
no coat
knon which.
stable.
I
of Fairbanlc
brought
s scales?
jail
by the Hiraches,
A No, sir,
mvself
of those
on them,
scales?
and I think
..
WITNESS:
shoes
I don't
A
A
I do not recollect.
MR. SIPE:
XQ
crousehorn?
sir.
Do you know anything
XQ
they
was a Pair
t there,
aro md at the
MR. SIPE:
XQ It
.1r.
You wei 6hed me, too,
I do not recollect
Mox Hirsch
that
diet he have his
he had neit} er _one.
didn't
coat
He had his
hat
you?
I did.
and his
on, but
and no shoe sQ
THE
cOURT:
Diel you make any te t of tile
scales to see whether they Tiere right
or not?
WITHESS: Before I weighed
r. Hirsch I
of the
weighed nuself and several
ttramily there but I did not make any
test.
Before I weighed I r. Hirsch
At least
I saw that they balanced.
hen I · ent upstairs
for tr. Hirsch
and cane down the scales were balanced.
XQ
scales
scales.
A Pair
are
they?
of scales
that
balance
A I do not know.
are
not always
I do not know
accurate
1.
ch about
�r
•
�'
.
.
''
--153--
MR. HAH.IEH: How much was it
age weight?
about
Near
WITUESS:
to your
aver·1ge
my
aver-
':might.
If there was anything
wrong
you would have detected
it when you
. weighed yourself?
HAMllEh:
WITNESS: Yes, sir;
think I would.
told
WITUESS
to
L uDWIG HIRSCH, examined
Q Mr. Hixsch,
Hirsch?
for
extent
I
a'3ide.
defense
how are you related
by .. r.
to the
Sipe:
llox
_e~endant,
He is II¥ son.
A
Q
stand
to any great
related
How ti"ere ;ou
to the deceased?
He was mr son-
A
in-law.
Q
How are you othernise
A
They are all
Q Another
married
his
Q
connected
on good terms
one of your
sister
sons
v1ith the
Jith
me.
ma.rried
-
-- one of the Isaacs.
Your son married
a sister
--
Isaacs
far.ily?
A My son Arthur
She is r!lf daughter-ir:.-la
A Yes,
sir,
to the unfortunate
boy.
Q Mrs.
here,
is
Q
trouble?
the
Arthur
Hirsch,
sister
of' Mr. Isaacs?
Where was your
A
At your house,
A
Yes,
Q
How long had
r1i th
on the
Yes,
A
living
court
sir.
at the
time
of this
of German and .'later
Streets?
11e.
corner
sir.
living
with
some t1~ouble with
Q
lar,Y who has been attending
son Mox Hirsch
He was living
Q
has been
the
How long
his
ne
b8en living
us ever
wife
since
there
he got r:iarried
he came bac~
had he been
living
in your house?
there
--
After
A
He
he had
I reckon.
at
this
time?
He had
1.
��r
•
--154--
been
living
there
ceveral
:five
or six
months.
than
that.
how had J1e been
A Well,
about
is,
working
for
a:fter
in the
prior
time :for
longer
Maybe
er1:ployed,
to that
years
A
In
stomach
and with
the first
place
head
fo
ir
and
tirne?
ago he worked
and cattle
or five
He .vas not able
A
VIOrk?
so e
business,
trouble,
to do any
to do any heavy
from doing
he suffered
years
anything
a great
like
deal
heavy
vrith his
he had. a broken
and then
work .•
wrist
and
his
arms,
arm.
Do you reme:nbcr
Q
did both
:fractures
Where
the
occur
circumstance
at the
1ere these
I mean to say,
occur,
years
last
Yhat way was he disabled
Q
how 1as l1e then
he was in the horse
In
a broken
last
in the stable.
work of any sort?
Q
the
the ti1, e.
or eightee-.
that.
sir,
recollect
several
seventeen
Had he atteropted
Q
just
A Yes,
employed;
employed
on the ·.1agon, but
heavy
I don't
Hmv was yo J.r son
Q
that
r:1ontl1s?
of his
breaking
A
Ho, sir.
same tine?
fractures
and nhere
in what part
of his
did the
fractures
A I think
arm?
the
n-ist.
Q
left
And where was the
arm, right
Q
You are
fracture,
up in here
sho·iing
on his
left
arm?
on his
A
(indicating).
us now or: your
right
arm.
On the
A
left
arm.
Q Between
the
elbow?
Yes,
A
sir.
The horse
ran
off with
him and he was h trt u:p in here.
Q
Botb. :fractures
1:rnre below the
Q
A·1d you say when his
elbow,
v,ere they?
A Yes,
air.
1ith
him?
Q
a horse.
A Horse
ran
How was the other
He fell
off,
left
arm .ras broken
auay with him,
arm broken?
and hit
his
a horse
and threw hie
his
off
out of a buggy.
A By hir.'l trying
head and broke
ran
to get
wrist.
on
�I
•
�r
•
--155-
As a matter
Q
of fact
A Yes,
on each arm?
Q RefcITing
general
year?
health
It
A
_of your
Q
Has he been
confined
A
During
sum.mer he has been very
to his
Q
this
How long before
A I thinl<
bed?
Q
had to consult
How long,
attention
or twenty
it
this
of doctors
lived
of my boys
Q
Did Arthur?
sons.
Q
A
Q
tirr:e?
tl at ti
bad and confined
a few days he
has
confinect
e?
very
the condition
at short
to l1is
up.
:tafi
1
of you1.. son required
intervals?
Abott
A
age no~?
No, sir;
Arthur
he lived
eir;hteen
at
Arthur
Y aR
he is thirty-fotir.
the time
you?
of this
A Myself,
Hr.
two girls
Leon and Joe.
not
in the
part
of your
family
then,
1as
next hrn1se.
as living
on German street,
The house
with you?
next
in the
A He is
to rne; yes,
\1i:fe living
10use right
one of
at that
time?
six
years
Q
Something
the family
said
about
r.1as vow.~ ,if e a large
A My wif'e was large.
to you?
Her average
I-Jo, sir.
A
A
has been
next
sir.
How long has she been dead?
to size;
difficulty,
got mixed.
He lived
fas your
family
Mox, Arthur,
You r entioned
I just
A I think
Q
res:pect
oJU"'ing that
had he been
in the l1ouse with
and all
Q
doctors
years.
Who
A
n-ists
to do anything.
.-ras only
Q Who composed your
he?
the
how has that
son,
bed and room during
aff'ray
Mr. Hirsch,
Q What is his
Hirsch?
to his
hot able
bed,and
near
has been very bad.
A
often
my
occu.r_ed
Has he frequently
•
Yes, sir.
Q
the
fractures
sir.
to the
last
been :for the
both
last
characteristics
woman or a small
weight
summer,
for
years
in
woman?
· as 23
pounds.
Q
Are any of your
children
dead?
A Yes,
sir.
we have tvo
�•
�r
•
--156--
dead and two still-born
You speak
Q
household
at
those?
the
time
Julia
A
Ju.st
aggravate
of twc., daughters
feelings
or
were
I do not want
these
situated
rr.atters,
there.
I want the
but
Mr. Isaacs,
how olri v1as that
child?
1 r.
Jury
to
Hirsh,
it
seventeen
A
to
rnont. s
now.
did 1,'r. Isaacs
Hovr far
Q
the
family
what t-m· daughters
noi:1, Mr. Hirsh.
about
ias
a chilcl;
ha
in your
and Lessie.
knor-r hm1 everytl1ing
old,
difficulty;·
compose yourself,
your
appears
of this
embraced
third
house
from the
Was his
Q
was brouv,.t
flas not
brought
do':zn, you say,
stable;
yes,
your
:rey lap
Q
night
doing?
bossing
in
Yes,
sir,
it
often.
ho11.se but often
child,
of the relations
do :m to my
presence?
He treater).
it
awfully
good.
pocket,
rides
in the
existing
betvrnen
and what was the character
A
He always
taken
candy and pem ies
and h, took
it
stable
of the
He was very
and gave it
We had a pony tl1at high
or
it
craZY
off
of
1hatever
on the horse
and out in the
(indicating)
and he of ~en
and rides
on the
street.
Ile 1as ver."f
to it.
On the
day of this
v1hen the difficulty
A
Well,
hands.
came in to
seven.
A
A Brought
in his
pony cart.
attentive
or not?
in thv
stable?
character
when I had i·t,
it
family
it
he hacl. in his
took
your
he accorded
it.
after
i'fi th
often
to me very
to the
son Mox and that
treatment
Liven
A
sir.
What was the
Q
house
stable
only
from your home?
corner.
in your
dovm to the
It
Q
child
live
dif'ficul
ty,
vihere waR Jllox and what
occurred,
he was out during
We 'lere
super,
cleaning
somewhere
near
Then he went do';:n to the
I mean the ct.a.Ypreceding
the
da.Y
out
was he
on the farm
out a pond we hacl t _ere.
half
stable
past
six
the
And·he
or a quarter
and :put hi('3 horse
to
away,
��--15'7--
changed
clothes,
.1is
Mox, myself
gogue or tem.ple,
Where
Q
was at
di<:l llox go after
together
and we walked
When we got
his
it
and laid
get
cig1.r
across
store.
some cigars.
1ume went
the Jevrish
left
I
on passed
his
arm,
at
anli. they
in the
stable
Yes,
and sat
that
stable.
to your house
Ur.
I pas~ed
on your
Q Was there
There
daughters,
the
that
stable
he had stopped
Hirsch?
A
I wasn't
goi~g
1ent up on rrv ~orch
on by and
hanging
of the
porch
do1•m on the
floor
A
I
with yow." feet
sir.
anybody
else
on the :porch 1ith you at that
Q Do you recall
and I think
of them.
I do not recollect.
which ote
of the boys were there
None of my boys;
remain
of boys there
a couple
until
this
vas
pavement.
Yes,
were a couple
Q Did they
were you sitting?
A
maybe both
staid
porch
wi tl1 my feet
out on the pavement?
they
1alked on., and I pre-
A When I passed
again,
on the front
Sitting
Q
A
to
on the porch.
on the floor
A
off
sir.
evening.
Q Where abouts
sitting
l1ox :pulled
Mox,
stable.
When dir'I_you see hin
Q
street,
0
He was in th
on your road
A
down the
smoker and I went in thure
tJaem there
house.
1
You noticed
the stable?
syna-
A
and ve came on down to John
am a great
I
he vras in the
Q
--
we car,1e out
A
dov:n to the Square
Q When you ~ot to the house
I think
night
synagogue?
the prayer-meeting?
Leon and myself.
Sullivan's
that
out on North Main street.
the prayer-maeting
coat
went to :prayer-meeting
and Leon.
That prayer-meetin~
Q
of
and ~e all
time?
one of lilf
with you?
strangers.
affray
occurred?
A
I think
there.
liH.
HAHMER:
Who rere
couple
B. Uey I s.
WITNESS:
those
of boys that
men, Mr.
clerk
Hirsch?
up at
��--158--
lffi. HAMhER: ¥hat were their
WITUEW:
\'/ell,
Q
were you still
A Yes,
passed_ there?
came passed
an
Mox Hirsch
uh~
coat
Jasse1;_ you,
sitting
lying
notice;
the
and
Mox came alor.g
I was still
had his
What did you next
Q
after
there
Swartz
Goldenstein.
there
sir,
na□ ed
One r,as
other
names?
tell
going
there
acros8
his
tne Jury
North,
the
street,
when Mox
arm.
now what you saw
A Yes,
as I understand?
sir.
On the East
Q
there
only
noise
down there
side
a fevf seconds
--
or a
I call
it
ioing
it,
going
I got up.
Q Then what ~id
ox !Vas backing
after
way,
back and pretty
and she got
Arthur
Hirsch's
first
house.
to his
e where I was.
I got up to the
front
of Arthur's
Hrs.
Mr. Isaacs
lumber
lays
house
Arthur
after
feet
right
like
on the head
pret
y quick
--
Arthur
kill
you.
--
they
here
of lumber
war and it
that
of lumber
that
the house
right
then
there.
Isaacs
could
see nhere
not
he struck
e sor:-:eone
him
in
There
I
of Mox and_
where
I took
him.
recognize
behinrl
side
the
way
directly
to the curb
see,--
li
to me.
.ox,
of'
No, the
I didn't
by the
hit
and
they c.ame this
alrr.ost
next
him,
in front
right
laid
way and
came in the
looked
Isaacs
she was right
--I
Of course
11
..:.ot up nearly
and r,rhen t ey got
someplace,
somebody
nas after
Hirsch
anrl got up,
in th!:3 gutte1~,
I couldn't
heard
anc Isaacs
Then I seen
Hirsch,-him --
-
Mox was coming bacltward.
pile
know, going
if.OU
s voice.
~as a pile
do~r
came closer.
they
until
think
There
I looked
was down and sprung
Mox until
fast
t11 em until
in with
I seen of' it
towards
Isaacs'
rnacie a fe:1 s'fteps 1 rs.
having
Horth
a little
A I got up and walked· that
do?
YOU
the hill,
I will
I recognizecl
Wel 1, Mox has passed
when I heard
do·
"You God damned son-of-a-bitch
from there
A
mirntes
fe'tl
as vrn call
down German street
hollar
of' Gerrnan street.
thing
it,
the
a blo
was
6 oing
se..
��--159--
During
this
ter-in-law,
lick
strike
in bet r,een them,
got
and jumped af'ter
almost
vi thin
the
too
.Mrs. Arthur
Hirsch
over
Arthur
--
my arms weren't
ancl the other
back at her
Mox?
Did you actually
No, sir,
A
see
him--
amt when
and jumped
Of course
she ·.vas
she beg:1.n to aet up,
yo
kno ,
t
is when I suppose
Hox
Mr. Isaacs
icture
fell,
the final
when the
'aere you?
In
when they
:vllat attitucie,
Passe
sir,
point
out
by
showing
I was present
How far
Q
street?
va
away all
it
point
-1.st have been .Mox, looked
15 steps
building.
the
when
v,hen the
was from four
side
to six
of the
time
to
like
pile
street
lick
and backing
laid,
'Jhere Hr.
"las strnck?
Isaacs
I noticed
quick.
fell
in
sonebody,
do :vn or 11ad stumfrom 12 to
or rubbish
head laid
:h.xt~uii:ucaw$x from the
where I picked
sir.
by
pretty
it v.ras anywhere
to v1here Isaacs'
feet
~,as laYing
he ,rns knocked
ul),
Yes,
A
was Mox and Isaacs
where I sai:r it,
old lumber
And f'rom there
other
point
li -e somebody sprung
to where
place?
1here the final
the
:from that
A From the
loolced
t.e
the r 1 1bbisll and stuff
to the place
A Mox 7as backing
the
was struck
was taken,
now, Mr. Hirsch,
from where
th_, paver.1ent or gutter
bled,
that
li'Tas taken.
Q
t
picture
A Yes,
Q Did you and Mr. Albert
the
lick
not.
I did
You were present
Q
it
them,
I
Isaacs.
Q
it
him to reach
down.
two got a. ay :from me, and this
was
enough
in between
her
Mox another
to separate
long
dau 0h-
I:JY
IRaacs,--I
to grab
of ma.de a jump lilrn
and knocked
and. by my looking
a lady
Hirsch,
we1 t to give
arm of him,--
knock he kind
Hirsch
Arthud
I wanted
by some r:eans got
mado another
hrs.
hit
short
of
Hrs.
and Isaacs
Mox, because
length
was a little
Isaacs
by Mr. Isaacs
Isaacs
from the
to my notion
curbing
on
up and lla
him
in my arms.
Q Now, about
street
to the point
how far
where
was it
Isaacs
:from the pile
fell?
of rubbish
in the
��' .
--160-
A
'Well,
I expect
abo tt 12 feet,
measure
something
Yas about
like
two-thircls
of the
15 feet.
Probably
that.
street
--
I did
not
it.
did yo,
Now,
Q
I went
irnned.ia tely
IQ were
first
go irrunediately
to hin
you the
blow was given
the
it
one.
A
hi;-1 up after
he fell.
and picked
first
that
to Lou Isaacs?
one that
felled
hir.i to
I was right
with
touched
the
hill
his
YeB, Bir,
person
after
the
A Yr-s, sir,
ground?
and caught
I was
him and raised
him
up in my arm.
Did Mox see you goin3
Q
to him and picking
him up in your
arms?
MR. CONRAD: I object.
THE
coURT:
you,
I think
WITHEss:'
me.
Q Mox wa8 there
on the
Do you know whether Mox saw
or not, :Then yon v:ent to him?
ground
him up he was probably
when I picked
he did.
was he?
A
three
or four
I knm, he sa·,
He was to
feet
.,
notion,
away from
me.
Hr.
Q
on the
want
3round
ms there
to Mr. Isaacs
of ministrations
sir,
there
A
No,
Q
Was a doctor
somebody,
Mr.
Hirsch,
A
notice
nothing
there
."laR
for
I ju3t
to help
one of your
I don't
Q
in
hollared
me carry
nB
knO"l
:lhether
person
th3.t
of attention
there
,,as there
of H!'.
any
Isaacs?
we noticed.
quicklY. as
:90s ible?
wrtether
was Mr. Woodson or
it
A
I told
I told ...him to rt.o it.
sons
go for
he did
or unybocly else.
to some one for
a doctor
or not.
as quick
I didn't
I was interested
a doctor
and asked
as he
take
in
the
some one
him in.
Did you c3.ll
the house.
for
a doctor.
of any o:f my sons
boy.
hiu
to the
called
to call
Q And didn't
could?
of any sort
1
lack
he was struck:
after
know 1•rho he was,
I don't
Albert,
any possible
for
a carnPhor
bottle?
A I did
after
I had
�.,
..,
�r
•
--161--
state,
Q
give
your
injur~d
Mr. Hirsch,
son-in-law
there
we possibly
the
that
Mr. Louis
could
do for
care
possible
A I _certainly
They all
him.
what was the
Isaacs?
have weighed
very best
night?
Mr. Hirsch,
Q
:vhet,her or not any effort
size
after
thoug
1t
to
he was
did al..c. that
we
··,ere there.
ancl weight
of' your
Accordi1 g to my judgment
A
was o i tted
son-in-law
my
any 1.11here bet veen 140 to 145 pounds;
son-j_n-law,
somewhere
v;o J.ld
along
there.
What was the character
Q
A He was a very heavy,
or not?
muscled
man.
I have
and he had muscles
than
my fist.
appearances
Q
agreeable
matter
~now --
what were
the
members of' your
the
relations
the
~hole
betrreen
upper
man, so far
n.s
Isaacs?
arms rolled
part
up,
of arm)
A My son-in-law
man.
bigger
relations
at
to the
I tl1ink
existing
your
was a heap
it
Jury
and
--
it
is proper
between
the tir.1e of tl1is
Isaacs
Mr.
judge
from
son,
or
stouter,
More active.
to but
family
you could
Mox Hirsch,
Mr.
you explain
to refer
the
Q
stouter
will
man and good
w1 th his
( indicatillg
built,
man.
and heavier
Ur. Hirsch,
was he stoutly
broad-nhouldered
ovn observation,
!,r.
muscled,
here
stout
and your
son-dn-law,
better
lying
Very
build;
seen hir:1. frequently
Which waq the
Q
your
of his
mv fa111ily
the
is a disthey
should
deceased
and
difficulty?
A
were not very
good -
Well,
family.
How were the
relations
family?
A
I believe
she 1.~ould poison
The same, but
between
she is
me if
bitter
Mrs. Arthur
against
Hirsch
the
and your
whole family.
she could.
Now, 11r. Hirsch,
dor.' t voluntier
as that.
any such feeling
MR. SIPE;
MR. CONRAD:
Sir.
Mn. SIPE:
He is answering
yo tr question,
I don 't know. He uay be ans':7ering it truthfully,
rntt I do not care
for him to go to that extent.
��--162--
Did Mrs. Isaacs,
Q
she visit
the
at your home,or
Q
Mow, expl::i.in what relations
vrnre not very
They didn't
was there
and Mox Hirsch,
Their
talk
together?
of this
were not you yourself
1?
between
other?
A
Mr. Isaacs,
Well,
waen 't
their
on
rela-
very good.
about
Christmas.
terms
on speaking
this
with Mr. Isaacs,
tern,s.
were r.ot on S!Jeaking
that
A The last
Isaacs?
on :friendly
happened,
terms
at
at
the
the time
time
of
we were not.
How lonE; before
Louis
No, sir.
A
At the time
A
thiR rnis:fortune,
Q Last
Very of ten.
A
talking-ship
we weren't
A
You and Mr. Isaacs
affray?
Q
sir.
existed
on the
did
talk.
son-in-la
Q
of'ten?
good.
Q They didn't
Q
come to your house;
A Yes,
And her
t.ions
child
not?
Q
one Part,
your
your daue;l1ter,
Christmas?
Q What was the
had you hact any conversation
conversation
A
character
I had was somewhere along
When he ke t stor , on north
of that
with l r.
Main street.
conversation?
R. CONRAD: What do you mean by that?
MR. SIPE:
I mean to bring out the relations
that existed as shown by that conversation.
Do yo. ffidan to ask what
conversation.
l R. COUR.AL:
the
l·H.. SIPE:
tion,
I asked
as near
;vas
,hat was the conversaas he can repeat it.
CO:JRAD: Then I object
t ion.
1 R.
SIPE: (To court)
I can ask ~'hat that
conversation
was? I did ask '.7hat ,,as
the character
of it,to
elicit
what
the relations
were.
I will aslc him
whether,
in a conversation
which he
had, at that time, Louis Isaacs·exPressed threats
. hich he afterwards
communicated to Mox?
MR. C03RAD:
That
to that
ques-
1 R.
is not proper.
��r
•
--1C3--
.MR. HA1.ll1EH: Q You say you had a conversation
Wh'-rr did
have
you go to Mr. Isaacs'
just
store
upon the
with
occasion
Hr.
Isaacs.
to ··rhich
you
referred?
MR. CONRAD: I object.
MR. HAM
,fER:
I will :pror1i8e your
connect it and shov it
will
ial.
Objection;
sustained;
accused.
MR. HA! ER:
just
before
Isaacs,
_Q I will
Christmas,
ar~lc you,
. hich
son-in-lavr
conversation
son Mox?
Q
he said?
existed
Just
state
A V/ell,
occasion,
'.-rith hiL1 :;ith
betw·een your
Isaacs,
any animosity
A Yes,
upon the
yhen you went to see your
you had a conversation
and your
\
exception
for
the
THE COURT: If you vrant to ask him if he
used threats
agains·t Mox Hirsch you
can ask that.
I
ttons
Honor I
is mater-
sir,
upon the
other,
was expressed
there
to the
court
son-in-law
rt~ference
son Mox Hirsch,
fr. Hirsch,
,l.lr.
to the
rela-
upon the one hand,
and whether
by Mr~ Isaacs
in that
towar~s
your
':'las.
~,hat that
conversation
·ras, ·what
I went up-MR. co:mAD: I object.
you are after.
I don't
know what
R. HA1,1HEH.:I am going to lead UP and Show
threats
upon the part of the deceased.
THE COB'ml': Why not ask him if
heard any threats.
he ever
1l:R. H.A!,LtEH: Your Honor will recall
that
Mr. Conrad asked Mrs. !f'l::lacs about
the relations
that existed
betTTeen
her husband and the other melilbers of'
Ye have a right
to go
the f'amiJ.y.
into that m~tter;
it is right
to ask
this question
upon the theory that
it will shaw the feelings
that existed between the decea ed and Mox Hirsch.
HE COURT: The rulin~
of the court to
that objection,
if there is one, ia
that the objection
i!:l sustained.
��r
•
\
--164--
Exception
the
BY MR. SIPE:
Q
have
just
Please
state
referred,
or expressed
whether,
the
in the
conversation
deceased,·Louis
any anirrnsity
of ·court
noted to ruling
accused.
towards
to which you
Isaacs,
your
son,
for
nnde any threats
Mox Hirsch,and,
if
so,
eta te what he said?
MR.
There are two questions
there
and I object
to either
one of them,
until
they have ma.de out a prima
case of self-defense.
facie
CONRAD:
we contend that there has been
ample evidence introduced
in this
for the
case, both mr the witnesses
prosecution
and by the witnesses
for
Mr. Mox Hirsch,
to make a Prima
facie
case of self-defense,
and to
allow us to introduce
this evirl.ence.
MR. LEE:
Q
Now, Mr. Hirsch,
THE COURT: I think I will
ask the question.
allow
Plea8e
in that
conver-
You mean con1rrunicated
threats?
state
what was said
you to
sation?
MR. CONRAD:
MR. SIPE:
My purpose is to do that.
I
it with the best of faith.
am doing
just asked YOU wheth.er he
to testify
to conn;ilJ.nicated
or unco1 umicated
threats.
MR. C·ONRAD:
I
was going
A
1y son-in-la1;,,
Lou Isaacs,had
insulted
m:vtwo little
girls
MR. COURAD: 1 object.
Q
Tell
what the
conversation
,as.
Mo; you cannot
tell
the conversation.
If Isaacs used any threats
against
Maximilian
Hirsch you can
it.
Confine your answer to that.
tell
THE COURT:
A
Yes,
sir;
that
nigl1t
he
said he rvould kill
the
danm son-of-
a-bitch.
Q
Did you
tell
1 ox Hirsch
about
that?
A
I did,
sir.
--
�·,,
l
)
' '
'".
,.
�r
•
--165--
MR.. J.J:~: Do I understand
your Honor to
hold the wi tnes~ cannot relate
'lhat
passed bet~e0n hi~self
and Mr. Isaacs?
in chief,
THE COtJ'rlT: Jot 01. examination
I think you
but on cross-examination
co ld. go into all the circumstances.
Uo use
ask you this
f' or us to show the threat
we can sho·,,.. the Jury the conunder which that threat
was
made so they can understand
the circumstances.
tithout
stating
anything
as to \"That !,r. Ludwig Hirsch :1ill
SUPtestify,
for I do not know that,
pose that he would testify
he
ent to
his son-in-lavr,
Isaacs,
:for the purpose of' bringinc;
about a reconciliation,
an.~, after
that, had been met
with th~t ch~racter
of response
from
Isaacs,
don I t your Honor thinlc that
would be relevant
testir:iony
in chief,
shed.di1--.r:;light upon the character
of
the threat
made. THE COURT: As I underst and, th ere is i;iothing before the court.
question,
but don t answer it because
probably
permit
MR. LEE:
unless
ditions
Q
the
I will
court
Hirsch,
will
please
state
by Mr. Isaacs,
statement
not
under
it
circunistanceP.
·;hat
and TThat conversation
of that
threat
to be unfwrered.
No V,
the threat
im..rned.iately
Mr.
was made
preceded
the
by Mr. Isaacs?
Objection;
sustained;
accused
exception
for
the
THE COURT: I am going to let the witness
ans '!er that question,
after
the Jury
has ret-ired,
for the purpose of being
rulerl on, and you can put in the
record what you expected
to prove.
MEMO: (Jur
Q Lr. Hirsch,
that.
question
explain
Q
insulted
feelings
the
any language
preceo.ing
11
there
that
11
he JI1ade.
I
1e·~
please
A
On the
bet i'lean hin
he 'JlOUlQ kick
-- he ~;voulc-Z.
kiclc. her
very- bad.
it,
I mean the language
was some trouble
He said
or expre!3sions
8ir.
that
night
ir:i.mediately
th'l t I
and my girls.
He
daughter,--
her
rny little
out of the house.
uy there
in
if you ,7ant I will
rish you ·uou.ld explain
statement
my girl4.
name is Julia
my
A I
\!hen I said
went up there
from court-room).
which you do not understand,
it.
went before
if I have used
retired
That hurt
to see him Rbout it
and told
�,.
,.
�--166--
him,
I says,
does
anything
Lou,
going
will
kick
my
them right
is
And it's
place
11
to kill
is tl1e last
and he says,
God d· nm equal
to you,
with 1r.
sir.
COllRT: we are not trJring tlie case
no-.'r, hr. Sipe.
The objection
to
the introductlon
of this testi:r.i.ony
is sustained,
and yo save the point
on that ruling.
we
court a.d.j ourned
morning.
THURSDAYMORNING, Oct.
resumed, as follows:
LUDWIG HIRSCH, resumed
Q
cor:1es into
him.
MEMO:
the
if you come in
Mox Hirsch
1 n. LJ~:;:;: Of cours ,J,
for
Mo, I
11
the.r come in nw ho me I
time you had any conversation
THE
dant
or
to come to me and I
God damn son-of-a-bitch
that
Yes,
before
your
If
That
A
it
to do nothin;2~ of the kind.
and if
Isaacs?
cloes you any insult
children
face,
rny ho _se I am going
Q
little
your
them out.
house;
my
wrong to you,
would. correct
aint
if
11
stand
7,
save the
until
point.
tomorro
9: 30
tes tiLOriY for
1909,
and further
examined
by
'I
defen-
Mr. sive
defendant:
Hr.
to a threat
Hirsch,
you 7ere
which you stated
asJ~ed on yo sterday
yon hac_ cornrr1micated
evening
with
regard
to Mox Hirsch
--
( To court)
Now, I understand
your
Honor to rule that the ciEcumstances
whi h led up to this conversa~ion
I
vrnre not admissible.
Therefore,
the '!Ti tness to state
wa1 t to caution
what was said an .vheth er he cot rnimicated that to Mox Hirsch.
1 R. SIPE:
THE CO~RT:
In
that
connection
saY I have reflected
I want
to
on the pro~riBty
of that evidence.
According
to 1:w
be~t recollection
of the evidence,
the
evidence
of the threat
made by the
is premature
at this t.ine,
deceased
and if .1r. Conrad insists
on his
objection
I -::;ill sustain
it and strike
out that evi enc e.
IR.
SIPE:
'le would like
question.
to discuss
that
�.,
�--167--
TH:illCOURT: Fir st, let
he ins·sts
on his
Mr. Conrad
objection.
say
:vhether
R. CO!iRAD: I do not like to make an inquiry
in the presence
of the Jury.
I
do not know that I quite clear~
undArstand
the co i.rt.
I thought nu
objection
yesterday
~as tenable
on
the gr01 nds stated.
MR. SIPE:
Now,
Q
made by Mr. Isaacs
r.
or the
Hirsch,
occasion
merely
that
state
rrhat
threat
you mentioned
was
yesterday
evening?
THE COURT: He answered
evening.
that
yester<i.aY
MR. SIPE:
If' th 3.t is correct
asl<. it.
I 1vil.l not
THE cOU:tlT: He has answered t11at question.
That ans~er is ruled out and I unnersta1
the point is saved.
Exception
Q
Mr.
a_.pearance
Hirsc
of his
for
accused.
, did you notice
Mox Hirsch's
face,
this
soon after
Q What did you observe,
he showed me where his
lip
arn:iearance,
affray?
A
A
Well,
Mr. Hirsc?
had been cut.
or the
Yes,
sir.
I obser
ed --
Where he had been hit
in
the mouth.
Q
here
was there
along
Q
any other
there,
(inid~ting)
Did you notice
was on his
injury
lips?
A
besides
he said,--
in his
on his
along
mouth any other
I noticed
a couple
lip?
his
A
cheek
evidence
ot' of places
SOL
here.
except
here
e-
what
that
were blood.
the
Q
Blood
Q
You say his
affray?
Q
of the
even with
V
t ree
after
~ir.
ou next
tarward
are
sir.
mouth was bloocty when you saw him next
the building.
There
Yes,
A
Yes,
A
Where riid
in front
alley.
spots?
see Hox Hirsch?
scales,
There
buil0.inzs
right
o ton
is a pair
d.o :n at
A
I seen him rie;h t
the
edge,
of scales
the
I mean,
in the
tanyard,
middle
and between
��' .
, ,,.,,..
--
the
is
cecond building
a ctrive-v;ay
street
--
through
I mean,
out on the
engc
across
the
stable
How near
Q
tanneI"'f
there,
sir.
yeR,
is on the
across
to German
is your
the
to enter
right
street
and your
side
of the
sir.
alley
the width
alley
from your stable,
would you?
come to
Q How id you,,_meet Hox Hirsch
Just
A
on the north
to that
Just
that
of' Water
street,
yes,
stable
A
t e street?
so 1th side
Ride;
builo.lngs?
Q In order
street
across
on the other
A
next
there
to iarcls my stable,
immediately
:frorr
immediately
street?
on Vlater street,
and he ';ia~ standing
to Water street,
is
street
is
builrt.ing,
of the walk.
The tannery
Q
thircl
there,
next
Your stable
Q
the
anrl the
... uo--
·rhich runs
of the
street.
you would simply
Yes,
A
between
1
cross
·ater
sir.
there?
He sent
A
for
ri.1e to
come down there.
Q
Did you have
A I did,
or not?
Q
Will
some conver,,mt io
'ere
was t.here
you state
think
they
you within
talking
at
that
ti1 e,
sir.
1.vhat t at conversation
hearing
to you?
were right
A
behind
distance
was?
ed; exceptiol
Objection;
sustair
a cusen.
Q
1 ox Hirsch
1'1i th
of Er.
They were right
me and
Baugher
close
for
when lox
there.
ox when I was talking
Objection;
sustained;
accused.
the
exception
I
to Mox?
for
the
MR. HAHH.IS: We have the right
in the Bill
.~at we expect
of Exceptions
to state
to prove by this witness.
1hat you expect
CO~lRT: You can state
prove by that question.
to
MR. SIPE:
a
I
question
Q
How long
Mox Hirsch
aft er the
and 1 ad the
talk
affray
iVOtlld.
like
to interpose
--
v,as it
that
you \1ere
with him in the alley
sent
for
in the presence
by
�''
�--169--
of Mr. Baugher
and of
I suppose
A
and twenty
it
r.
Branner?
How long
r;as sor ething
minutes.
like
so :1ewhere along
·v,as it.,
anywhere
lr.
Hirsch?
bet 1.'Teen fifteen
there.
MEl.10;
Mr. Sipe writes
out what is e~ pected
to be proved in an, ''Jer to previous
question,and
hands to court,
as follovrs:
"Object
of the question
to prove that witn~ess
in the conversation,
a Part of which
was ove.,:heard by Mr. Baugher,
asked
Mox What in the vorl,l 'J'as the matter?
11PaPa,
to which 1iox responded,
I
had ~o .o it.
I couldn't
elp it."
Thereafter
objection
again sustained
court,
and exception
noted for
a cused,
Mr. Hirsch,
Q
mediately
follo
11ing this
difficulty?
1
Q
Did you see any evidence
A
I
clid not.
and the next
I
right?
of the
It
A
Mr. Hirsch,
not,
XQ
possibly
like
hin
hich
but
sons
I simply
Th~t he had sent
to me
tl1e tannery
XQ
baby that
--
night?
that
night
like
scales,
stable
a9peared
me and kissed
son Joe
me;
brou'"'ht
you the message?
or the
A
He sent
It
who broug. t the
yon to meet him there
or right
for
in the
close
alley?
e --
at
that
might
mes$age.
the point
he would
to see me, and I went down there
right
message
somebod,y did,
don 1 t reme,ber
A
you this
scales
rho told
for
to be
me.
'1ho b- ought
to see you at the
Where was he when he sent
he was in. the
It
BY MR. CONRAD:
your
G
you did 1.e~t hir:1?
to talk
at
v1
Mox desired
One of your
be,
XQ
at
that
it
I don I t rer -ember
A
to that
child?
hugged
crnoss-EXAMIHATION
was it
ir.i-
~ir.
I did,
of injury
evening,
day.
and all
XQ
A
baby that
in my arms and rrL!Xsecl it
had it
Q You saw the con~ition
Playf'ul
Isaacd
did you see· Mrs.
by the
the
ta:rmery
alley.
th t mes!"la6 e to you?
there.
to meet
A I suppose
�t
•
�--170--
Did you kno':7 where he was,
XQ
or right
in f'ront
Did the
ijQ
of the
1
there,
instead
of ove:c in the
was over
say that
or rrhy he r5.id not
in the
tannery
tannery
No, he just
A
said
exactly
:1hether
it
say he
street,
came back
question
and brought
the
XQ
You say you did
XQ ·
You say that
wit! ess
bi tch;
stand
vrasn't
I will
kill
the
damn
my
ad ting )--
Mr. Isaacs
made
as,
! will
11
A
XQ
r.
at
the
porch
:put the
II
after
Hirsch,
the
I saa.cs
the
difficulty
XQ Didn't
Joe Isaacs?
the
I did
boys?
the
not.
No, sir.
A
on
damn son-o:r-a-
damn son-of-a-bitch,
"If he co ues to
I think
I did.
the part
not
my
house
had started?
that
II
of' fact,
brother
did
edge of your
I did,
get
A No, sir,
Jury,
if he cor es to
on the
A
e
yest er-
can recollect.
I
sir.
on Gerrnan street
I did not.
Did you have a conversatio
A
in it
to tl
about
started?
~rou, as a ma.tter
house"
ruy
statement
not --
difficulty
yo?
sir,--
k·ill
on
rhich you said
in your
off
I did
rhen he ·.1as here?
XQ Yes,
kill
else.
sir.
No,
A
you say you were sitting
Mow, didn't
XQ
I will
recall
Ur. Leon Hirsch
of your
if he comes to
to it
No, sir,
time
Uo, sir,
a threat,
He said,
A
someone
A
after
11
I cannot
A
to the place
fr011 Mox?
Did either
Didn I t you t en leave
housetr?
was?
1
not.
A I a.o not recollect.
XQ
street.
on-of-a-bitch.
daY when you referred
you?
tarLrtery alley?
or prob'3.bly
and
message
house"?
You. didn't
XQ
messenger
he
me.
in the
over
1.78.S
bark-sheds?
ye!:,terday
my
for
the
what he said,
if he comes in
he sent
stable
recollection
my
of yo·.1.r boys go over
between
( Repeating
XQ
the
there
To
he was do1,n on water
XQ Did you or eit:ller
Bruce
1he
A
s one of my boys
'I
rhy he didn't
:1ant to see you at the
You do not know Tiho that
XQ
Mox gave any reaRon
alley?
alley
Did the messenger
XQ
stable
tanyard.
essenger
cone u
in the
A There
or not?
vith
tr.
A
Yes,
J. 1.
Joe Isaacs?
of the deceased
nan?
sir.
�t
�..
'
--171-XQ YeR,
this
that
him that
tell
have
catche
I could
hir
gotten
there
i'fOUld have
before
hirn I was sitting
I
t care
had been
it
t,u.rbance
steps.
on?
Something
30 or
son-in-J.R.w,
likv
that.
of the
road,
able
the
to get
there
pretty
and t e fatal
of either
I heard
thirty
XQ
Th~t
I mean,
discovered
for
it
reach
one
to stop
the,
gutter
blow,
that
sitti1
in tin.e.
g down
there
fifteen.
was any d.is-
like
twelve
That makes
it
or less.
at least,
his
f'eet
goinG on in
as soon as you heard
to go?
A
to get
Yes,
sir.
to them all
and the 11ovement 01t
had occurred
feet
1hich your
voice.
one of them?
people
rnre
·?as so .,ething
you had tine
me !:tnd I was some distance
lively,
I told
A
I was trying
was a disturbance
towards me I ctid not have thirty
towards
one I grabbed.
them and to catch
¥here you
Probably
was involved,
ooge of the
hold
from
riaybe r ore
XQ And you say before
at
to separate
To my notion
And you had. only
trouble
which
that
short.
A As soon a
rock?
XQ
A
35 feet,
Isaacs,
Hirsch,
blow?
But I couldn't
<'Listance
And you kne.
XQ
I could.
t em coming up the walk
·one I catched.
1
rhen you f'irRt
v1ere
going
whic
too
~/hat ':1as the
to whe1"e they
I
in yo tr home and that
the fatal
hen I seen
in my porer.
Hy arm was a little
XQ
Arthur
care
didn't
to prevent
on the porch
of triem, I didn
longer
over l rs.
thing
I did not.
been a little
I really
ce to
the whole
No, sir,
A
he ra1
I ran up and tried
that
fighting,
in refere
one of them ..
too lnte
j 1st
hin
have prevented
in time?
hi111back.
for
with
Didn I t you say to hi1;i tJ1a t yo 1 · ere
you ra.n out
nearly
co versation
you could
,. Lou Isaacs
have held
XQ
if
dicl ..
if my arms
ao grabbing
this
in
case,
told
it,
I
you,
have
1
A
XQ Didn't
you had only
if
I
sir.
A
to the
v,i th out your
If' they
to go.
1
TJ1ey
from them.
coming af:l fast
vo ld have saved you sone distance,
t e
center
being
,re coming
we1•e
They nere
coming
coming
as they
..,,ere.
then,
by their
�t
�--172--
coming
to·,13.rr'l.8 ou?
A Yes,
I had
somethir g like
twenty
they
.ere
sir
feet
right
to go until
rapidly.
got to
I
I suppose
1em, but
h. n I.
comin:; faRter
Did you see 1 ox throw
XQ
cooing
a rock?
I dio. not
A
see Hox throw
no rock.
XQ You didn't
heard
see hi11 t 1ro1.; any rock?
XQ
Did you hear
XQ
Did that
the
occur
Lou Isaacs'
rock
before
vo.:i~e?
strike
the house?
you started
I::' th0re
A
sir.
No,
A
I clid not,
A
o·,:r. there,
before
was anv thro,m
it
sir.
you
must have
been.
When you got there
XQ
been knocked
Hirsch
this
and Isaacs
Just
XQ
You got there
on the
sae her knocked
bef'ore
her,
edQe o~
when J,1rs. Arth
of' l!ox.
tovmrds
had
1I'
Mox was coming
him.
he curb?
They ~ere going
A
pavement?
before
she
".'JaS
and others
h9.ppened?
A
Yes,
A
Rhe
run over
:·r1.R
On the pave1ent.
sir.
A I dicln' t
kno::!l<.ed rlo.m?
run eve ......
or knockeci. '~o'Vi"n
-- you say she
say she wa.B 1<.nocked dovrn -- you got
A I seen her.
I di1n't
get
close
there
enough to
but I seen her.
XQ
How close
in reaching
my arm.
distance
vrnre you to her
I was,
I::' 1zy arm had been
was grabbing
XQ
If
the hindmost
you grab
A
I su1;:pose when I ..::,ot
over
longer
catched
I coulcl have
you say,
the
length
of
one o~ the.
to grab Hr. Isaacs?
A
I
1.:.19.n.
Mox was retreating
ihy didn't
then?
I suppo e, a little
XQ And you endeavored,
man,
rir;ht
do 11m. I seen her
Whether
that
sine
on the pavenent?
XQ
was run over
at the
there
Hirsch
sup o se.
:1ay, I
XQ Or was it
XQ
by the
was coming
Mrs. Arthur
I got
A
right
XQ That was right
up that
was before
do m, v,asn' t it?
as to my notion
way
it
him?
right
to vards
you he was the
A I was not quick
t·irst
anct. he was 20 ing
��--173--
close
to the
pile.
V/hy didn't
XQ
A
lumber
you grab
Bec3. se I wasn't
XQ Th0 fact
one of tl1e1r. at
quick
is,
'111?
it
neither
XQ so,
that
you didn't
A I coulrl.n't
take
get holr:
by 'lords
nor acts7
hold
o:f either
of ther .•
say a 'vord to Mox, --
so scared
anri.. you
no effort
.ade
I coulo.n 1 t
I was scared,
A
I 'w,nt ed to get
:fro1r1 the
back', ard
point
Lou Isaacs?
see Mox 1a. rushin~
backward
point
backing;
XQ Do you remember
to 1 rs.
was attracted.
to the road
sir.
I noticed
a step
or two yet.
saying
Arthur
them.
to them,
Arthur
road until
he did,
Hirsch
he e;ot to
sir,
as near
the un:fortuna
t}
1
fell
e
as I could
t.e lick
or not?
came.
A I seen him
see them at
I did not
strike
sir,
were probably
point
I did,
1:1a.king
ox was backing
on the west
as soon as } ox hit
him on the
side
side.
Isaacs
on
at
of the l1ead with
him with
Mr. Isaacs?
looking
attention
sir.
see him strike
XQ T11en you were not
I 1.ooked
over,
A Yes,
XQ Did you see him strike
A
A Yes,
:7a<s very -quicl<..
you 1rnnt right
XQ Did you see · i
211?
they
U'
and from that
or in t11at direction,
head_ '.7ith the board?
A
condition,
When I turned
house,
th t •ro
on yesterdaY
Hirsch's
The thing
l yers'
XQ An1 then
rras struck?
anything
l,rs.
A Yes,
until
you di~ not
out
board?
to interfere,
sir.
yeF5,
I. rs.
I said
nhere
in the
No•.,;, did you see '.rhether
XQ
tovrards
that
A Yes, sir.
them.
down, Mox vas backing
he struck
talk?
dici. you a ttem:pt
recollect
between
XQ Now, you say,
rhere
you co:11''.n't
nei tl1er by word nor act
A No, I don't
did you?
the
Pile?
0
XQ You --:,ere scared,
his
the ·1uuber
I waG worrierl.
talk.
only
he crossed
enou h.
then,
XQ And you didn't
to stop
him before
them at
t di<'ln' t see it.
the board.
A I did
the
not.
til'1e the olo
·1
��--174--
XQ Loolcing
board?
rigri.t
at
What prevented
Probably
it
your
No, sir,
thought
that
bably
five
I
noticed
Yes,
notice
pile?
A
exactly.
lu1.ber
I dicln't
A- No.
~ich
XQ
of' him?
A
A
XQ
there.
I
time
--
I
of it.
at
of' the
Pro-
A
been not
that.
the time
lumber
Isaacs
f'e11?
pile.
south,
towards
Isaacs
he fell?
A Might have
more than
there
East
the middle
ann. the
lunber
or Yrest
of' the
pile,
or to Isaacs?
haYe ti
fell
e to
street.
1,cre you?
him up in my arms.
t11ink
I did.
ti
laying
side.
on
I had one knee
A
fall,
way I
lower
side
d.own on the
and arm together.
e to look up then
What was he dOing?
that
the up1,1er or the
my knee
I did
you saw hin
and I picked
head
took
sure
when I got my eyes
0 1.ver
Well,
reflect.
you are not
of' him were you on,
And you
A
--
I was on the
his
pile
When I looked
side
and ha
XQ
noticed
I
exactly.
a'YaY?
Well,
between
to the
seen him laying
ground
steps
sid.e
XQ And when Mr. Isaacs
axe you?
i.1ith the board?
sir.
Closer
XQ
Yes,sir.
A
be certain
recollect
a little
other
Then you rnre
XQ
Isaacs
couldn't
iihere were you stanrl.i1g
of the lur ber
A
I
Do. you mean you were on the Horth,
XQ
you?
Hot that
A
I don't
or six
probably
I was on the
A
fall?
rrnre you away at the
or five
Well,
nig.i.'1t, did
v1hen he flit
him drop but
or three,
three;
XQ
not
see hin
know.
it.
see
tl1at
I don't
ar1ay.
or six
Three
more than
the
not.
How many steps
XQ
side
not
I cmtl~
He was a f'e7 steps
XQ
him with
Well,
A
I couldn't
Did you see Mr. Isaacs
XQ
see tox hit
it?
see Mox retreating
x~ But you could
A
seeing
was done so quick
You did
XQ
and didn't
I did not.
A
XQ
it
He was just
and see v1here Hox .._.,as?
a little
piece
above
��--175-\
I had
A
What was he doing?
XQ
t 1e other
man to look
at.
had
I
t look
the board
XQ Did you see t,he board
laying
full
there.
A No, sir.
do ·n?
there
long beca1se
of Isaacs?
beside
I dirl not.
XQ Did you say anything
XQ He re.t
up the road.
I llad that
a~~Y ~rom there
did not
I
1
man to attend
You say that
XQ
I did
A
Isaacs?
to Mox at
otice
time?
Arthur
say so.
Hirsch
She .ms run
down to run
she
,ms down he didn
XQ She was already
Mox l rs.
Arth
r Hirsch
a · Isaac,.
aimed
do,vn on the
her
XQ Then yo
ed her
dovm?
I call
it
A
pushed
I
no idea;
ot in betweer
th
lumber
dicln 't
her,
m in
break
he?
over- her.
you when he
I told
at Mox --
break
down by Mr.
y him.
to run
sir.
so ..e vmy and
Mox .was b eking
he ran
over her
and
pile.
do mean to say that
her
over
t have
to make another
PusJ-1.ed her
over
A no,
down?
went to ma..l<eano her
when Isaacs
I have
waB knocked
XQ He hac. to knocl<: her
No, if
He .ms further
A
v1hich way he 1ent.
A Mr. Isaacs.
away --
Not 1.'Thile
A
to.
rs.
not
at that
XQ V!ho run over her?
A
tirne?
that
I did not.
he was there
pushed
at hi
hands
my
XQ Did you see him thro1
A
hit
1
I did1
over.
Isaacs
ran
You may call
over
it
her and knock-
knocked
d.o !'In,
over.
XQ Did you see 1.ox \7hel he _ ic.kert up that
rock?
XQ Did yo·t see him 11he1 he picked
board?
up this
A
A
Ho, sir.
No, sir,
I did not.
XQ Then he had. picked
had one in his
board
his
in his
hand,
hano.
before
U}J
both
the
rock
anc the board,
you got down there?
hen I sa,7 1im.
He had his
kept
his
coat
on his
arm?
he
A He had no
coat
laying
arm.
XQ He still
if
A Yes,
sir.
across
�r
•
�--176-XQ Hari his
after
Isaacs
coat
a little
lilce
atter
bit
arm still
fifteen
the
I noticed
lUDber pile,
out rrom the
Nearly
I do not know hoTI wide the street
lumber
two-thirds
my
notion,
Yes,
air,
and his
one week --
XQ Inviting
could
yo,1 to his
MR.
home?
letter
A
from tlle west
curb.
not being
where hi~
living
thought
I
t rnnty
XQ
LEE:
to it,
laid?
tovmrrlR 'ir.
family,
o
say:
1
Isaacs
didn't
he wai:: killed?
A
yon get
Isaacs.
You n ean the dead. man?
me to his
sir.
feet
rr..e, being
did you?
an apology
to it?
close
A I did not
him awfully
of me if he co tldn 't
that
in his
t rms.
must have hurt
and made no reply
~ro,.1to
He a!Jologized
home.
macle any reply,
he tenderert
he out,;",t to face
About
A
frorn whom?
letter
COrTRAD: Yes,
conscience
or tvrnnty-five
And although
no attention
thouglJ.t
his
heat
to
clo it.
relations
on speaking
XQ To which you never
because
I
you ~11 be on good. terrc~s ::ind inviting
Did.111 t invit.e
to r,e for
think
30 feet
f:.i:'on h ir.1.
1'1R. LEE:
his
am made it
head,
MR. CONRAD; Fror!1 Hr.
that
street.
11or.ie?
MR.
XQ Asking
was so ething
his
.. ossibly
your
letter
A
feet
ti;ifo y1eeks before
I got
yec,
not?
or five
of your
towards
from him about
it
yesterday
as I
peaking
unfriendliness
a letter
there
as near
You were
XQ
is
some four
You sho ed over
vhere
is.
30 feet,
was laying
XQ
A
is about
to
acro:=:s the
we stepp eel it
from curb to curb.
That
pile
it
l R. J,J::E:
XQ
his
a foot
probably
A I suppose
Mr. Hirsch?
I reckon.
feet
No, sir.
A
in the road
street.
distance
body i.7as found.,
v,hen he was out
down?
bejonrl
in the
What was the
XQ
Isaacs
on his
had been knocked
laying
or such a
coat
face
you ignored
A
No, sir.
to me.
to be
me.
it,
paid
I
��--177-BY th~
XQ
difficulty
your
wa1r,
wasn't
he?
son Rieves
A Yes,
or just
the
a :few days
A I think
he?
wasn't
corner
so,
after
How lon~
his
arms yo
that
1
a
speak
0
has
0
yes,
of?
three
since
told
in Balticore,
ago,
of
I think
and t11e other
I believe?
A Yes,sir.
3entlema.n
the
A I am the father
trouble?
of Louis
vrJ10
Isa~cs,
sir.
Q
Ho-.nJold rras your
son,
do yo 1 recall?
Q
I would be glad,
Mr. Isaacs,
if
A
About 30 years
you wou.lo. tell
hether,
in vie...-f of his
size,
he
any trouble
1"1ith his
heal th.
he was grown up I never
I ever had occasion
as to his
I believe,
muscular
dis
as an average,
What was his
weight,
Q
Do you knorr how tall
uell
in his
ha.r1. any trouble.
a doctor
why, he
he ~as fairly
Q
developed,
as I can remember,
He v;as very
to c3.ll
osition,
ms a well
well
Mr. Isaacs?
he was?
muscular
l1ad
infancy.,
his
Jas fairly
boy,
never
I don't
in for
old.
the Jury,
strong
or not he i'laS or had alvm.ys been a heal thy,
my Lou, as well
I arn.
arms broken,
of Mr. Lou Isaacs,
A Well,
that
fractu.re
you.
the rt.efend::i.nt by Mr. Lee:
youngl!.a.n?
after
to tell
asi~e.
you live
in this
led,
ago.
to stand
you the father
not able
15 years
so:11ething like
years
was ki
had this
Uox
Q Mr. Isaacs,
whether
and
been
for
was killed
of the diffi-
ma1 Isaacs
A I a.
examined
Are
of this
sir.
HEJUvtAlIf'AACS,
Q
~he tine
A He had one of his
or four
witness
yes,
it
must have been about
one about
at
this
XQ · Where is he no.,r, Mr. Hirsch?
XQ
the time
A I do not recollect.
afterwards?
He was here
XQ
at
sir.
XQ Did you see hiD up at
culty
was here
re11ember
heal th.
well
and
And
developed.
~eveloped.
A About
130 po 1nits.
A He v.ras an inch
taller
than
�r
•
�' .
--178--
Q How tall
think
five
are
feet
you,
A I do not kno.i,
sir?
I
two or ~ru.'ee inches.
MR. SIPE:
of this
You came here
Q
exactly,
very
You were not here at the time
difficulty?
A I was not.
A I came here
oon afterwards?
the
d9.Y after.
Q
You were on friendly
I have
yes,
no reason
Q And your
relations
with
both
parties?
Oh,
A
to be other 7ise.
relations
are
still
the
the
A Ju.st
same, noi'l?
same way now.
WitMess
aside.
for
Q l r.
in Harrisonburg?
!arren,
you live
Do you know Hr.
the
Hox Hirsch
by Hr.
defendant
and the
A
family
Sipe:
sir.
Ye8,
vrnll?
Yes,
A
I know them all.
sir,
Q
What is your
pre."ent
the Adams Express
A Yes,
there
and
and Mrs.
Q
·tate
Isaacs?
the
streets?
office
frequently.
extra
seen
A
seen -Yes,
A
Have you ever
--
deal.
to the Jury,
summer you have
around
Hr. Warren?
I am agent
A
we board
In
stable?
our horse
hauling.
ether
the
or not during
first
the
Past
do you know
place,
sir.
them with
Seen
1r. Hirsch's
to be about
a good
do our hauling
Q Will you
spring
have occasion
I am there
sir,
and they
occupation,
company.
Q Did you ever
Mr.
to stand
THO AS V-ARREN,
examined
Q
for
told
their
child
them quite
often.
from your
office?
dm the
carriage
They came by our
,
Q. Ho'.7 far
as far
dirl
they
as from here
across
Your off ice
is at
live
the
street.
Just
A
the
Tl1eY lives
other
Rirle of' the
bridge.
Q
the corner
of Gerr'.l.an and west Marl<et
�r
•
�--179--
\
streets?
A Yes,
Will
Q
this
child
sir.
They lives
you state
of Mr.
to the Jury
and }:rs.
or not you eve1~ observed
Mox Hirsch?
a rule.
Well,
A
Nearly
would
Have you
Q
I have
seen
this
--
seen
are
What was the
tre,tment
A
Just
as could
Did
Q
sir.
and playing
What I mean,
children
together
I
A
press
it
clo not
Arthur
cannot
7Ii th
all
little
seen
M.
any
She has
saw the
childI·en
Q
something
A
I
think
notice
·1iu rolling
seeing
in the· cart?
cart
with
Artl1ur
There
it
both
of the
Hirsch's
child?
with
well, except
is
is.
·was nothing
him there
real
it
A Yes,
a little
to im-
the children
••
one of Mr.
girl.
She was
has something
the matt er li th her eyes?
the rnatt er wi tl1 her
eyes.
she is a very
thing.
Ani you saw this
others
there?
time.
A
Q
that
occasion.
I think
She is the one that
little
and I
there,
or whatever
and Lrs.
cl1ildren
children.
child
go-cart
s. Isaacs
Q
sociable
as
evenings,
by Mr. Hox Hirsch?
I would
hir.r. using
recollect
the
the 11and.s of
of the children.
know any of the
all
children
child
Well,
just
nearly
at
and whether
be.
upon me, except
Hirsch's
there
of this
A
in the
--
stable,
ones.
see hir'.l have this
Have you ever
Q
I
you ever
saw
or some child.
Q
around
bridge.
on Sunday
t 1is chilrl_ of Mrs. Isaacs
Q What would he do?
it
the
received.
there
several
n.ifferent
child,
as nice
it
I am generally
the
or not you ever
theJ."e about
treatment
there
across
whether
Isaacs
the
always
see them there
just
there
to.
other
young
son etirnes
child
there
there?
A
Yes,
would be three
sir,
or four
there.
You are
satisfied
that
yo~ --
MR. CONRAD: I object.
MR. SIPE:
Go ahead,
1R. CONRAD: There
Hr. Warren.
is notJting
for him to
�..
�' .
--180--
say.
You start eel to asl<. him a question anr1_I objected
and tJ1ere is no
question.
Go ahead,
1 R. SIPE:
1.m.COHHAD:
,.r. warren.
ahead
11Go
ti
what?
Wha were you ~oing to say?
Vha t were .,,ou goir1c; to say in answer
to the previous
question
I asked you?
MR. SIPE:
I was going to say that I am
satisfied
that I. saw Mr. Isaacs'
little
child.
WI Tl! ESS:
Q And what was the character
child
by Mox Hirsch?
of treatment
Why, he was nice.
A
of' that
Never
little
saw anyt.hins
wrong.
Q You saw nothing
to
indicate·
ill-will
COHRAD:
CROSS-EXAJ;
IFATI ON BY Jin.
XQ Yhat color
really
I
a small
little
hair?
don't
do you mean all
I
direct
is
tionate
to this
there
tllis
child
fell,
A
I have
there
child
se.:m 11ox there
XQ With the
I am satisfied
It
is quite
have
the
Rf.I
to the
that
I had nothing
of
looks.
to par-
chilr.
in your
mind as to
vhether
Mox was so 'Affectionate
say t11at he was par tic
I don't
,.e color
vii th,
aff ec-
ilar
child.
to it,
particular
do not
011, I
baby hair.
light.
is uncertainty
XQ I saw, by reason
attention
A
But you knorr how baby hair
not really
attention
my
Therefore
t there?
it's
babies
ot l!iean that.
was the particular
this
reckon
I
child?
child.
is not dai"k and it
XQ
has Mr. Isaacs'
kno.
No, I do
A
ticularly
isn
hair
Baby hair,
XQ
It
treatment?
None in tho world.
A
know.
in th3.t
that
is
of your
uncertainty
was th
object
vii th the
children?
havi1 g nothing
in
your
of his
rour
to at:bract
mind as to whether
attentions?
A I say
children.
A Yes,
one of them
sir,
ni th
•1as Mr. Isaacs
the children,
child.
and
�f
•
...
+
�--181--
XQ sometimes
there
were tl1ree
or four
chilclren
thare?
one
Mr. Isaacs
Yes,
A
sir•.
And you are
XQ
XQ Just
jud.ginu
Yes,
A
cular
sir.
for
that
or doing
the
~ms ith
child
Artur
from
wheeling
it
along
is
office,
the
1
·1
the
is
that
J
saw it
1
I '7ould
child
to
,heeling
A
sa
1
the
child?
wall<. that
cl1ild
out. of the
it
told
to
stand
for
dcfenrtant
ho'; old ,~re you?
A
v,as Hr. Isaacs
1itll her
carriRge
but
_ requently
come past
you sUFPOse it
kl ow.
I do
juniper.
A
On hr.
How long have you been v10rking
last
Jay,--
A I
Most of· t.he time
ire
at
Lee:
on tr;ent r-t
Going
Hirsch
ten years
0
I
s place,
--
10.
farm.
neighborhood?
old.
for
l,r.
Hirsch?
A
Ever
May.
:vork for
and_ mo t of the
by Ir.
livi1 g in thi
I TTas about
did you
that
asirte.
Q
2Gth of
fact
co J.ld vall<., or not?
Ever
Q
than
I kno'7.' of.
long 118.Veyou. been
since
it
A I do not
A
farm
child
it.
was Mr. Isaacs
I ever
I judged
Ho, sir,
Ho
here
any parti-
fiu,m the
see a baby
Q
Q
it
Isaacs
see Mr~. Isaacs
unusual
XQ Where do you lire?
the
Isaacs
A
the pavement?
Mr. Hawse,
the
cl1ildren?
paying
i r.
ms Hr.
ISAAC HA.rsE, examined
since
of his
more for
child?
othing
itness
Q
the Hirsch
remember
XQ You c.to not know· wh ther
never
child?
street.
s who is
XQ How old
not kno
it
that
along
a
w01
was ·.ith
anything
Hirsch's
the fact
XQ There
your
1aR
others.
XQ You ju ged that
it
it
BUt I don't
attention
he did
that
sir.
Yes,
A
satisfied
them?
in the
the
A
worked
for
stable.
stable?
A Yes,
sir.
theL: smr e on
��'
.
--182--
Do you kno··: Mrs.
Q
band?
you kno r their
Q
What is
Q
Do you know who furnished
child
as far
to drink?
as I
it
to Mr. Isaacs
to
the
house.
taken·
na111e?
it
'house
for
Q Did yot
this
'I
it
ever
Hirsch
Which Mr. Hirsch?
Q
Have you ever
Q
What were
A
A
most,
it
from
this
the
this
but
I
seen
A
c1ild
there
out
it
I think
A
Yes,
sir.
A
Yes,
.sir.
on the
tl ey
farm?
or.ce.
Mr. Lud"" ig Hirsch,
thi:=i 11 ttle
taken
it.
yourself?
little
1ilk and carry
:farm.
Miriam?
it
out
the
t e girlcl
I think
child,
with
In the
child
the
old
gentleman.
in co. :Pal y 'Vith Hox
stable.
t11ey doing
on the
in
the
Q
What was his
there
together?
a11d one
pony,
time
A
I seen
1hen I seen
theL
them
he had· the
pony ·vagon.
child,
treatr.ent
as though
of that
he liked
little
it
child?
or disliked
Ho 1 did
it?
A
he
Treated
vrhen I seAn him VIith it.
Q ~as he kind
exactly,
it
for
sir.
Where?
Q
Hilk
to bring
Miss Emma crune for
ancl I had it
A Yes,
Q
well
procured
f'urni8Jle(1.
stable
brought
have
Q
the baby
the
Played
Hr.
that
--
Hirsch
little
A
treat
milk
Miriam.
nd son,etimes
Q Have you ever
he had
at
I generally
do~m
Hirsah?
Ye'3, sir.
A
Miriam.
r.
A
was it
Do you kno
Q
A
chilrlren?
hus-
coulcl.
Whose duty
Q
baby
little
Did
its
and her
"
sir.
Q
little
did
Yes,
A
Arthur
'1nd Mrs. kROIN Hirsch.
Isaacs
and gentle
How many times
but
seen
hi1
Witncss
with
it?
did you see hin
time
told
and again
to
stand
A
with
vrith
aside.
YP-s, sir.
it?
it.
A I do not
know
��--183--
LESSIE IlIRSCH, examined
Q
You are 1 iss
A
Yes,
Q
M:iss Les ie,
and your
the
defendant
Hirsch,
by Mr. Hammer:
a sister
of Mr. '1ox Hirsch?
sir.
where
were you on the evening
had
_,his dif'ficul
ty?
the
Jorch vrith you,
A
your
brothe+1
Sitting
out
on
porch.
Who el
Q
sister
Lessie
brother-in-law
front
for
Julia,
e was
oi
Mr. Benjamin
MiBs Lessie?
and ,-r.Aaron
Goldstein
A My
wartz
and my
father.
Q
I believe
Q
Yes,
Q
What tir:ie clicl your
A
Between
Q After
downstairs
Q
at
the
your
brother
brot 1er Mox come from
six
half-PaPt
he came from
:=ru.pper Tfl_ ere
and quarter
the
day?
the farm?
of seve1,
I suppose.
he bot
suppose
did he
o?
A I wasn't
supper.
went to our
A
te-1ple,
up
synsgogue.
A Yes,
for
synagogue
After
Q
He passed
out h01. se,
going
north.
Q
What first
attracted
your
attention
Church
wae over 1,vhere did you next
yo 1r brother
some noise,
services
that
night?
sir.
Q
see your
brother?
to the diffi(ml
Hox and yo r brother-in-law
ty
A I hoard
Isaacs?
sone hollaring.
Q Did any or the
A
Papa first.
Q
What did your
parties
on the porch
PaPa do?
A He ran
WITNESS:
Did you go do ;m there
move at
out
that
in the
time?
street.
What did you say?
MR. SIPE:
Q
farm that
farm what did he do?
but
Q He went to the Jewish
between
on the
sir.
when he carre in,
After
Mox had. been
He ran
yourself
out
in the
street.
where yo r father
and your
��r
•
--184--
brother-in-la
A
vere?
7
What was your
Q
A He had Lou
I did.
fat},er
his
01
doing
knee,
at
his
the
tine
you got
head resting
there?
on his
knee
anc1
arm.
something
Q
having
has
rnistreated
and Mrs.
Isaacs,
you have
ever
or have
anything
take
it
in his
very
kindly.
place
your
I
seen
said,
arms
and play
any of
it
Jury
sir,
dif-ficulty
I di
not
whether
that
it
r.
not
01·
little
child
,oney and treat
or trageey
see
of
I ha e seen him
and.Give
the
brotl1er
daughter
handle
A Yes,
with
the
to the
er Mox Hirsch
it?
No, sir,
A
child,
you .:/Ould state
to do with
there?
little
yo r brot
abo 1.t your
Miss Hirsch,
sister's
ish
Diel you see
Q
been
that
it
took
it.
BY MR. Lee:
It
Q
is
a fact
whicl1 you speak,
A
And that
Q
you
is
With eraPe
Q And this
1ere out
that
the
porch
veTJ heavily
of your
covered
house,
r,rith
the
porch
of
vines?
vines.
was in July
wo tld
on the
when it
prevent
was in full
yo 1r seeir1g
pave1.1ent
in f::ont?
UT,>
in the
Yes,
A
A
leaf?
Yes,sir.
street
unless
A
I was
8ir.
OROSS-EXA,INATION BY HR. CONHAD:
XQ At wh:1t point
sitting
on thi
XQ If
that
corner
you
occurred,
A
.ere
XQ It
south
side
house,
north
sister
was a swing
the porch.
17ere you sittir.g?
on the
sittir~g
the
was on the
of
porch,
was up against
0
There
of the
sitting
a ainst
XQ Your other
swing.
porch
you were
The bench
was straight
on the
side
on the
porch
on the
the
this
next
north
~ay,
of the
porch.-
to
the house
side
house.
was where?
on the
bench.
of the
The back
and not
porch?
A
Yes,
she was sitting
The swing
porch?
of the
against
A
.·1hen
the
bench
railing.
sir.
in the
was on the
�r
•
,.
t
�--185--
It
was in the
XQ Well,
and that
water
you?
the
Isa'lcs
first
ran?
Yes,
A
had been
and called
out
for
your
this
assault
to the corner
father,
of
dicLn't
not.
do that?
A
Ho, sir.
at no ti.e?
A
Ho,
I underst-1nd
Do
XQ
that
there
lcnoclce: do n, you ran
sister
did
t
you kne"T that
I did
XQ Did your
XQ Yo
e porch.
Gervan street
No•, sir,
A
oft
had been
anl
street
center
you to say
that
fro111 the
porch?
sir.
your
ju .•ped up and
father
sir.
XQ
He startecl
XQ
And yo
right
did not
get up to see
Y0",
A
;1hat it
sir,
was?
did.
he
Indeed,
A
I
did.
XQ But didn't
see
I got tl1ere.
It
Your f'lther
junll)S
before
XQ
porch
and runs
porch?
XQ
Before
bee 1 knocked
here
ana you
roa
0
V
right
it.
see
was over
It
o_ the
rnre sittin:3
er'l.ge of the
rigllt
on that
sir,
et out
do n and vrns lying
XQ Just
onto
there
tl1e :paverrent Lot'!. Isaacs
in the ro3.d?
He
A
had
1!!8.S
do·n
there.
as soon as your
had happened,
had happened?
Yes,
A
WitnesR
kno,,n
up fro
you could
when I got out
something
I did not
A
was done in a rnirn1 te.
in t
out
Yes,
A
it?
w.
E.
Q
You are
r.
Q
You live
in the
SNELL,
father
and yo
1
jumped up and ran out
to see
vhat
sir.
told
to stand
Examined
:for
w.
Snell,
as the old Helphen
jumped ·1p and ran you knew
E.
aside.
"efe1 dant
by
I believe?
Han er:
ir.
A
Yes,
double
house
on German street,
tein
property,
I believe?
sir.
at one tir:1e
A
Yes,
sir.
�\
�'
.
--186-Q
And that
in this
difficulty
by yourself
and
tl1eir
and
ife,
little
and the
which at one time
A
Yes,
sir.
Q
T'nere is
had
There
A
Yes,
said
is
Part
to co,
at
of Mr. Isaacs
'lork,
betvrnen
Just
state
A
I do not know whether
I just
Now,
Mr. Isaacs
then,
sir,
Isaacs
and. 1-trs. Isaacs
:..i.
Snell,
nicate
there
\7i th
time?
of this
down the
you heard
r.
the
r✓ as
t
a
rooms?
70
Yes,
A
tragedy
street
sir.
·after
and after
any convers:ition
m1n Hrs.
Hr.
in
Isaacs?
Not what the conversation
was, but whether he heard a conversation.
COHHAD:
i:1het er you heard
heard
r.
the pres~nt
the evening
from his
r.
side
a door.
still
ask you if,on
by
death
sir.
.vas used
Q
to .. rs.
o. the noth
I believe,
R.
Q
was occupi·ed
so thern
a door there
returned
kitchen
not.
rnet his
the tir:ie you were going
suP}Jer about
Isaacs
when M.r. Isaacs
Mr. Hirsch,
c11ild?
Q I will
the
yith
the tine
Bet rnen yo r kitchens,
Q
door,
house,at
a co1 versat
ion betwei;;n them?
you would c:111 it. a conversation
utter
I will
or
a co t:Dle of v10rds.
ask yo·
to state
-;hat l r.
Isaacs
occa::;ion?
on tha
I object
MR. CONRAD:
{R.
to the
question.
we ask that the jury retire
so your Honor .,iav h8.ve the bene:fi t
of the ans rnr be ore ruling
on the
HAI. . ER:
testimony.
MEMO: JURY RETIRED fro
the court-room,
when the following
questions
were
asJ<ed the ,-:1tness in the :presence of
the court and Attorneys.
(Last
who 1 t
people
ques:. ion read
ms said
are
doing.
to,
11
to
i:1i
but I heard
tness:
)
him say
A vrell,
1'
11
.1.
I do1 't lo ow ho he meant.
no 1:1, I cannot
tired
say-
of the way these
That
is all
I
heard.
MR. HAi.ili ER: That is leading up to anotl1er
question.
I ari.1just trying
to get in
the :7hole convei~s8.tion.
��r
•
--187--
MR. CONR~D:
which
Mr. Snell,
kitchen?
you heard
Yes,
A
don I t knou,
I
did.
not.
I
·.10nt say abo t that.
I
Maybe five
I will
Q
make the remarl~ in his
Part
the front Apf yo :tr house?
thinlt
ilinutes.
Mr. Isaacs
sir.
You we1 t on into
Q
question
Go o·,.
THE COUhT:
Q
That is the only
is before
the Jury.
no·;;, \"lhether
I
minutes
went on the
I
w,1nt t.here
in the
and maybe not that
ask yon ·.-rhether,
Yes,
A
when you got
sir,
Rtreet
course
I
or
of a few
long.
in the front
room of
.
your
house,
you heard
Yes,
A
you state
what he said,
A
She said" 1Lou, you
Q
11
Q
1ou,
I will
Tell
to her h.sband?
ask you,
?
11
Yes,
A
11
then,
Yes,
A
or '\.ihat she s irl. to him?
co1!ie back.
you coree back
ma.de any rer;.ark?
Q
make any re~.ark
sir.
Q . Will
_gO.
Mrs Isaacs
sir.
Mr. Snell,
if upon hearing
t:hat you
sir.
Vlhat you Se.id?
A
said
I
Go ahead
11
if
you -rant to
II
You said
THE COUhT:
WITlJESs:
I
THE COURT:
WITNESS:
Q
going
joking
You did not kno
on?
that
A I don't
i:ray.
mine we did it
just
If
J
at the
tine
I
said
11
Go ahead
if you
rho were you
talk in~ to?
just
hollared
of the
know what vas going
I could
that
what?
say anything
it
to tease
to go!'
out.
difficulty
on after
,ant
what v,as
that.
his
wife
I was
or he
r.,7ay.
COURAD: You hollared
it in a joke,
without
knowing there
ms any difficulty
bet :-;een I.fox Hirsch and the dead nan,
you hollared
1or him to go on?
lR.
WITNESS: Yes,
sir.
�,.
�, .
--188-1R. SIPE:
Did Mrs.
to you?
Isaacs
1,1ake any reply
11
Yes, sir.
She says,
Yo l hush
now,
just in a l<.ind of joking
,ay,
I taken it.
WITlJESs:
11
I will
Q
or words
to that
Whether
A
hush.
It
would
thing
like
that.
ask yo 1 1 if
you to shut
she d.idn I t tell
u,.J your
mouth,
effect?
Me
did. I vrn1ldn
be about
That
the
is
all
I
t be })osi tive.
same as
shut
of the
he to
mout11., or some-
your
UlJ
told
She
oLversation
that
passed
bet ;veen us.
Q
Had. you had your
Q
Do you kno·-,, .1het
sup:per
then?
the
Isaacs
tl:lI'
Yes,
A
sir.
had had
theirs?
couldn't
A
say.
THE COUHT: What was it
you :first
heard?
The first
v10rds I heard was Mr.
11I 'm tired
said,
of the way
thos ~ ~.)dople are doing. 11
WITNESS:
I sues
THE CGUHT: You heard
kitchen
WITUESS:
that
thro 1.gh the
n.oor?
The door
THJ!: COURT:
'that
\'las shut.
did you hear
WITNESS: I hP,ard. Mrs.
you come back. 11
Isaacs
THE COURT: \Vhere was Mrs.
•
she
'Tas in
it
THE COURT: Where
1ere you?
In my front
b~t'iieen us.
room.
TP.:E COURT: You heard
what?
HTHESS:
11J10 1,
·ou come
"Lou,
say,
Isaacs
WITNESS: I taken
room.
WITl!ESS:
tion
next?
Just
then?
the
front
a Parti-
acl<.. 11
THE COURT: What next?
\'II THESS: I told hi :1 to "Go ahead if you
either
one during
want to, 11 not seeine
the ':.rhole thing.
Never seen either
one of them.
��--189--
way had he started
tir.ie?
MR. SIPE:
at
that
WI Tl-JESS:
to go
fhich
c 6u.ldn' t
I
say.
Yo l co· .ldn 't
MH. COHRAD:
see through
the
partition?
UH..
SIP}J: coulcl you tell
o:f his voice?
:from the
sou1 d
No, sir.
WITNESS:
MR. CONRAD: Your Honor
can see that there
The ~~tne8s don't
is nothing in that.
even know that the :first
remark vras
aclr".ressecl to ITS. Isaacs.
He has no
earthly
idea nhat they n.ere talking
about•
There isn't
the slightest
proof
J.1:ere that it had any connection
·with the tragedY,
or th.at it related
111
to it in any way, shape or :form:
am tired
of the vay those people are
doing 111 No co1 ection r,:rhatever between
that remark and Mox Hirsch.
I said
rnarn er, you
to me, 11You
like that.
joking.
WI T11 ESS:
That
sounded
MR. CONRAD: Her r:ords
you a j ol<.e?
Yes,
WITUEss:
H.
in a joking
to Isaacs
go ah.ead, and she 8aid
husJ1 1P, 11 or sor:.ething
to me to be
to you sounded
to
sir.
Her a-PlJeal to e:ome back,
to
hin,
ias that an agonizing
appeal :for
hi•. tto conte. back, as if 1 she ··ras in
uis ress;
uiu i~ aounct -1Ke a serious
cono,i tion in there?
COUHAD:
WITUEs
0
:
that
_ro,
way.
sir,
it
No.
di1.r.'t
THE COURT: How long w s that
difficulty
occurred?
sound to re
before
the
I cannot tell you that.
I came
rig1t
out of the house just as soon
as Hrs. Isaacs
said 11You husl1 11 I
car:1e out of the door and came down the
street.
WITNESS:
R. SIPE:
VITHES 0
:
That
Yes,
was after
sir.
supper?
�r
•
�r
•
--190--
Wllat tir.1e do you get
MR. SIPE:
VITHEss:
As a rule,
I quit work.
house
HT_rnss:
fivL
Ye
8ir.
s taming
ment, vlhen I came o it of
0
looked
liR.
Looted
WITN~ss:
Yes,
1m. SIPE:
WITUESS:
,
towards
SIPE:
and six,
Isaacs
on the outside
•!hen you cane out?
·ras lvr.
MR. SIPJ~:
of his
bet7een
supper?
on the pav<r
r
door and
the bridge.
north?
sir.
What vras he
standing
doing?
there.
MR. SIPE:
By hi.self,
ar did he have the
baby-carriage
and baby?
WITUESS: I wo 1ld not be :9osi tive about
it, but I am under the inpresflion
he
did.
UR. SIBE: Tnat he did have
carriage?
\'lITnEss:
carriage
},}{. SIPn:
the baby and
That he did have the baby
btlt _I wor.t be positive.
\7here
·ras Mrs. Isaacs
at
and
that
tire?
WITUES : I dicl not see her at all.
I
dori' t guess she knew I was in the
house until
I hollared
for him to
go a_1ea •
MR. COUHAD: It was customary for him to
take the baby out ~fter supper,
in
the ca.ri~iage?
WITlrEss:
before
thing
vas his rule the last thing
to 7ork and the first
hen he got home.
That
bo ing
To adl it this
MR. CONRAD: ( TO the Court)
evide11ce it seeLs to me nould be to
put in the case something that has
no conne tion with it.
MR. SIP}~: It has be0n proven that
at that
t ir.ae, :.iher.. th 1 s ta llt oc urred which
we seek to adduee in evidence,
it ras
within
a fm minutes,
certainly
within
half an hour, of the message delivered
by the rurse,
J e rnie Crom er.
�r
•
�r
•
--.
--191--
THE oot.m.T: The objection
will be sustained.
The con~ection
of these remarks
with the prisoner
is not adequately
or
shown to make tlle1u admissible
relevant
testimony.
It earn ot be
a0Jaitted
as independent
evidence.
It is not S'Ci.:fficieit to contradict
rs. Arthur Hirsch.
( To stenographer.
) Note that this
evidence
of r. Snell's
is given in
the absence of the Jtu-y and for the
purpose of allowing
the court to pass
on the question.
MR. HAM},
EH:
Call
Ar.
s•rartz.
11R. CONRAD: While
you are ':'lai ting for .tr. S vartz,
I would
to ask hin a
to recall
1r. D. J~. crousehorn
fe-y questions.
like
D.
Q
E.
CROUSEHO)UI
1•ec2lled
1
There
you recalled
is a question
wi-1.1 you tell
it
this
I
him on yesterday
hir:1 ·while you are
waiting
for
me what the
and it
Ho':7 has
it
been ke t,
you by Mr. Albert?
A Yes,
Q
Has it
was delivered.
Q
Pas9
and examined
Jury
another
he
Nor;, just
1J
as
cool
it
:7i tness.
perfectly
2
I
11
board
conrad:
.Ihich I will
board
'.1hen
ask
Mr. Crou.~ehorn,
is?
A
and seven
that
I i.rteighed
ounces.
was deli veren. to
drY place
if
ever
since
it
(Passed
to
sir.
Jury,
please.
Now, I 1ant
time you were that
·or cool
by Mr.
sir.
over· to the
'Iha t sta to, ent
tolr:J. me, he says:
'lnother
A Yes,
At the
or not he was excited
i tted,
0,1
as the
I
to asl<. Mr. crousehorr.
which I
by e3.ch of them. )
question.
oke up,
anted
;"Teighs t o pounds
been keJJt i1
to you?
co-.n:or,weal th
,;-rni6 ht of this
r.ornine
Q
for
to ask you
with
Mox Hirsch,
after
any 0.irl he 1iake to you as to VJhether
at
7asn' t the
the
least
tiree
he struck
bit
Isaacs?
excited.
A
He
I wnG jnst
as I am now.
CROSS-EX;JfiNATIOH DY MH. LBE:
XQ Mr. crousehorn,
Juiy
the
entire
I
conversation
which he 1:--.adea stater
ent
oulrl like
for
you to detail
which Yot had r,ith
to you which yo
1
to t11e
Mr. Hox Hirsch
:tave just
detailecl
in
to
��--192--
A He just
the Jury?
What tine
XQ
eix
voke up.--
of night
or a little
o'clock
XQ In
1
it?
·1a·1
That
A
was something
after.
A Yes,
the morning?
sir,
in the ~orning.
alrean_y
2:otten up anrl zone out and I wa8 sitting
outside
of' t.te
down,
11
door
in the
I came in and sit
do you think
about
this
like
anrl he says,
hall,
down on the
thing?
MR.
11
on a chair
says
just
"Come in anr,. sit
edge of tlle
I
Leon had
bed.
He says,
"Vihat
--
c ONH.AD: Don I t te
'lha t you said
11
to
hin.
Uo,
MR. LEE:
we talked
A
a fen minutes
Mn.
there
but
just
about
it,
what he said.
I said
and
CONRA..D: Maver nund what
1
I can
WITUEss:
said
without
--
you said.
t hardly
tell
what I saifl
wllat he
to him.
I think
if' what the witness
said is necessary
to explain
what
he said I thinl<. it · s w1teriA.l.
MR. LE"':
MR. SIPE:
I think the colloquium
should
be given.
Without that you could not
understand
it.
Witness best
Mox Hirsch said.
try
TH}J COURT:
XQ
Ve do not
thought
about
the
in his
making
that
this.
I don't
it."
He sQi(t,
t,
,'ha
case
case,
to express
but
eive
remarlt.
arv
k.1101
A
hing
1
do you think
I
I
said,
·17ill be the
what his
XQ
of it.
Don 1 t give
A
your
Then he says,
and I don't
opinion
11
alreal'.iy
talk
I guess
to me about
i_rrnnt to hear
been
he said,
o ttco1 e of it?
MR. CONRAD:
which resulted
Mox, don't
Ye8,
11
of uha t yon
11
my mouth,
said,
opinion
corversation
and I have
e to shut
of yours."
the
your
abo,1.t it
"I understand,
Hammer and he told
lil<:e that
rnnt yo
to t1~ll tlhat
"it
it
about
to see Hr.
I
s something
is.
He says,
11
11
Mr. crousehorn
opi1 ion rm.s•
as to what uould
rm.mt not
be the
"I 'd beer. to ch .rch, " he says,
state
outco ie
1 wasn I t
11
�\.
l
�..
'
-193--
the
least
bit
Th.at is,
XQ
he
excited.
vas just
as cool as I am just
I Tias just
when h_e ca:-1e from church
as cool
now.
ard met these
11
people
aR he was then?
I object.
MR. CONRAD:
was t
TH1~ OOURT:
That
for
is
ere anything
argument;
more said?
WITUESS: · I don't
think there '!as anything
nm • Af'tc1"' he
_ ore that I recollact
l1ir., again.
told me that I cautioned
I didn't
vmnt to hear anvt11i1 g about
it.
'Don't talk torr
about it, 11
11
and he said,
"All right.
XQ
And that
was t11e end of the conversation?
XQ
\"/hat he rlid
say to you was,· He bad just
and VTas perfectly
was corning from church
says,
bit
I just
came back f'rorn ch trch,
11
excited.
I
XQ That
significance
trouble
told
wa~ juflt
all
at
all.
except
as cool
he said?
is
11
cool
as I am now.
That
A
I believe
is all
narrant
A He
the tine?
1 wasn't
the
11
least
11
he said
he dicl say he hadn't
a co :Ple of little
trials.
that
had any
been
in rm..1.ch
I believe
he
me that.
Q The laguage
1
at
sir.
Yes,
to cl1 U'<"! 1 aEd
been
he says,
DIRECT E '.A.MINATIO.f BY tH.
ring
A
!Then he said
he was at
the
he
se~ about
bei1g
C01THAD:
cool,
to what ~aq he refer-
he hacl j At cone from church
tiJLte he vr'.ls talking
a:a:i TTas as cool
as
to you?
I
Objection;
overruled;
exc~ption
for
accused.
A
In view of the
he meant when the
then.
but
I cannot
judging
conversation
tragedy
give
from it,
the
happened
language
I took
it
we had I took
he
jilst
·1ac:t
that
to mean that
as cool
sea. between
we both
that
it
is
told
to stand
aside.
us there,
:,hat he meant.
Motion 1:1ade to strike
out
overruled,
of the witness,
for accusecl.
Witness
as he was
t 1te answer
exception
��--194--
A. M. SWARTZ, examined
for
Q Where do you reside,
Harrisonburg,
Q
trimmer
Q
in this
evening
Do you recall
place?
the
Hirsch's
Mr. Isaacs
here
Q
Who were
Q
Uiss
porch,
you,
d.eath
was over
I
to
home the
sir.
in the house
i th?
or on. the ~orch?
A Mr. Goldenstein.
A The Hirsch
Miss
Lessie
girls
Hirsch
and Goldenstein.
and Goldenstein?
sir.
there
did Lir. Ludwig Hirsch
,.,.,hen Y'JU got
er he was there
there?
sir;
Q With his
he vras sitting
feet
come to the
A I don't
rene1 ,beI·
or not.
Did you see him on the porch
A Yes,
met his
sir.
Hirsch,
or was be there
Q
I was,
A
on the porch?
While you were
whet
t}1ere was an evening
was killed.?
Who \'Jere you
A Yes,
Lou.is IsaacR
you ,rere at Mr. Ludwig Hirsch's
Do you mean that
Julia
that
home.
Q
Q
in
Window
B. Ney and sons.
A
evening
recall
I
A
On the
exactly
here
and draper.
A
hou.se,
I reside
A
at present.
Q Whereabouts
Q
by I1ir. Hai,. er:
Mr. Swartz?
For whom are you working?
Mr. Ludwig
Q
defendant
down on the
while
on the
you were sitting
edge of the
PaVffirrent?
porch.
A Yes,
Did you see him v111enhe ran away from there?
there?
sir.
A
I
saw
him •,:;rhenhe got up and. left.
MR. CONRAD: You a.idn 't say he ran away
fro~ there,
you s~y he got u.o and
left?
WITNESS:
No, sir,
I ciidn't
MR. CONRAD: Mr. Ha.
MR. HAMAER: You ·rnre sitting
A I was on the bench.
back
in the
er said
porch
say he ran.
he ran
away.
some o.istance?
�r
•
�--195--
Did you see any
Q
:f
the di:f:ficulty
between
Mox and Isaacs?
A I did. not.
The shrubery
Q
cut your
vie;1 off?
Yes,
A
r:;ir.
OlWS S-EXAYillATI OH BY 11R. COHRAD:
s rnrtz,
XQ Ir.
XQ
Part
an hour
If I under!:'tand
,.hat
of the
tir:ie lfr.
of the porch?
you mean,
the
tim~,
XQ
During;
XQ
You do not
ai tting
there
know a difficulty
Yes,
A
mean to say,
at the
time
aid
sat
ti1~1es?
A
on tl1e ed9"e
Yes,
sir.
sir.
dif'ficu.l
on?
ho tr and a half
that
or undertake
of this
was goirg
eve1:.ing?
sir.
yes,
And got up and went a vay several
tiI. e?
during
came there
XQ
that
that
ann_ a half.
Ludwig Hirsch
During
A
rrnre you there
hov, long
sho 1.11 judge
I
A
about
ty because
I did
A
to SaY,
tl1a t he rras
you did not
sir.
not,
Did you know there had been
difficulty
v1he1 you v:ent a.7aY from
there?
THE COURT:
a
WITNESS:
XQ
south
Non, you were sitting
side
direction,
on the
of the porch,
or in the
rhet
north
er it
is
did;
I
yes,
bench,
nor h or the
on the
swing?
or south,
sir.
A
I don't
know the
I was sitting
but
on the
1:>ecnh
XQ
The
was si ttinG
you were sitting
ai t.1 Julia
--
by Miss Lessie
won't
exactly
Hirsch?
say,
but
A
think
it
No, I
wa~
Julia.
XQ
But,
at any rate,
know knew of the
fight--
e four
none oft
th.at
this
fight
had been k 1ocked do 1n, until
Isaacs
XQ
Then
you of the fact
Hirsch.
:ho ilas the
that
it
first
person
had occurred?
The old gentleman,
tr.
it
of yoa,
had taken
'. as all
that
A
so far
place
over?
Ludv1ig Hirsch.
until
A
came thG:re
I think
as you
it
and
Uo,
,fr.
sir.
advised
was Mr.
�•
�'
.
--196--
XQ } • Ludwig Hirsch
about
it?
A Yes,
cane tJ~-.ire to tJ1e porch
siT.
XQ What did the youngladies
one got up and N01t for
the
XQ And you and l'r.
exactly
at that
tine.
Y..Q You found
exactly
and tolct. you
hink. the older
camphor bottle.
Goldenstein
.'le
A I
do then?
le:rt
staid.
there
tbi
r,vu
out that
nnn_ .rnnt home?
a fe
"-I 1
A Not
irrutes.
ad been
killed?
Wasn I t
A
killed.
XQ
You heard
XQ
And realizing
you dirl not
didn't
stay
his
condition
it
11as serious?
wa8 the
there?
It
A
A
brother-in-la·,,
was only
Yes,
sir.
o:f the...,c ladies
a fa:mil.
affair
and I
want to mix in it.
Ylitness
told
to
LEOJ HIRSCH, exai ined
Q
for
were you at home the
had the
brother-in-law
stand
asict.e.
defenct.ant.
evening
that
Had. you ·and your
A
Yes,
Q
After
you were at ch J.rch together
brotJ1.er
...,o?
A
ancl mrself
Q
stopped
Well,
Sulliva1:'
to get
brother
.'ottr
to the
toget},er
that
your
s cigar
and yo
ir
evening?
synagogue.
the
v1here did yo
gynagogue
walked do:In the str
Where did you leave
at John
been
v1he1: we left
were together;
he vas goi1e
Q
brother
rn had been
Hammer:
A I was 1ot.
difficulty?
Q
sir;
;y- l1r.
father?
store.
t
PaPa,
and your
brother
•
~t together.
A I think
that
Papa
I tllinl<. he nade the
rer,ark
so~e cigars.
Where did YO\t and your
brother
.'.sO?
A
we 11alked to the
stable.
Q \vhere did you go th~n?
did
you leave
I 7af:l going
out driving.
that
evening?
up to see
cousin
Did you remain
A
lox
Bertie,
at
made a rer:iark
and I told
the
stable
or
to me, i7hether
hirn no,
I
173.s e;oing
��. '
..
·
--197--
Q
l31J Birtie
who
do
you mean?
iss
A
Obersig,
hi~
sister-
in-lav1.
Q You did go ctxiving?
What
Q
to
was twenty
in front
of Charley
door closest
You mean you net
Q
Did you notice
A
I dicl not
s0e hir: at
of
the biggy
and stepped
/hat
versation
other
go vri th him?
Told
A
· nd l1ad a little
corner
together.
Q
u_.towards
Q
Where did yo
that
,..e.
tine?
He had
stable
Drove to the
of my story.
ahead
avrny
He had a con-
11here diQ you go to;
him there?
to the
did he go
A
out of the buggy and told
house?
stable.
stable.
conversation,
your
sir.
the boy to pu.t tl1e horse
and. he and I went over
stable
Yes,
A
crying ••
A
I got
just
he ste:J1Jed up on the
you or· fiid you leave
of my knowledge
the horse,
street?
until
No, I am a little
with
hin
has two entrances,
in the buggy and told
you .got to the
place
s bar
ti e rnatt er 11ith him at
first
hand,
did you do?
After
the clock
to Main street.
·.1ith me go i ,g dovn to the
Q
unhitcl1
a1 ything
in his
and he and I --
at
A I het
brother?
him on water
Where dio_ 7,-ou then
Q
I had. occasion
A
looked
I
c. arley'
Conr-ad' s bar.
the
hand.kerchief
best
see your
Q-
Q
square
drive?
mirn..1.teR of ten.
and I met hir.1 at
step
sir.
time rtic'l you retu.r:1 from your
Q Where did you next
any
Yes,
see a man and when I got on the
and it
his
A
To
the
the boy to
corner
anri. then
walked
A The Hirsch
corner,
of the
up to the
Gerwan
01
street.
tell
unless
Q
you let
State
Hirsch?
After
ae tell
the
reason
vrhy you went anc_ what you
to see how Mr. Isaacs
Q
go from up there?
is right
hard
to
I went from t11ere.
1ent for?
A went around
was.
you 1?rent around. there
A I think
A It
where did. you then
go to
I ca1e bacl--- and met Hox on the corner.
,ir.
�.,
�'
'
♦
--198--
You mean the
Q
tl1e corner
corner.
do n t?getller
it
That
Q
1 ain
t.n.ere
the
is
streets,
across
near
the
you and your
brotr
up slowly
to t
co111pany now occu. ies
up
1fH
sat
it
corner
A
Yes,
the
sir;
Q How long
and we sat
were you together
to him on a businesr::
called
the
you rec~ll
any
'1ere there?
stable
A
Q
After
A
Q
walked
building.
A
I
If
and
diagonally
Col pan~,?
togethe1'.
I do not
A
that
point?
do~n
I
remeEber
~anted
to
see,
Hox ano :myself
A
the
stable.
'111d this
to
and
the
younr;man
stable
that
I
to 6 ether,
Then where
street
there
at
that
time,
can
any person passed?
\"lhere just
do not understc.lJld
the
you and your
que tion.
brother
Do you Llectn
at
corner?
you left
Vient back
Ul) the
door.
of water
is
It
door
street
:;assing
Pass
:r.iAan on thr-> corne1--?
I
corner
were
matter.
\alked
any :persons
or on the
Q
they
and talking.
of them?
did
Yes,
Q
go?
street
bank --
in the
tri.e Colonial
bacJ<. dovrn to
Did you see any persons
Q
by
Mox and.. myself
A
the
lei cn..rc::ly, walkiLg
the
walked
that?
to across
corner
there?
Q \There did you go from t1at
I called
of' the
I 1.hinK probably
A
do·~m in the
saw a man across
How is
corner
building.
now occupied
and I called
Q
~
on the
Masonic
I
L:an that
--
located
positively.
this
him about
came back
A
t 1e J..11asonic building?
from the
Is
it
down on the
building
street
Q
A No, I left
stable?
th re together.
up
did
rn father.
at the
hin
and walked
Colonial
fixing
ith
walked
lfe
Thell where
Q
the
I live
You har-:. left
Q
the
here
A At
of Ger1-·an and wate1' streets?
cor1ier
do·:n
did
Yes,
A
the
cor
er
to
the
stable.
you go?
:rJ1ere
A
and met yo 1 (, r.
sir.
id you
My next
a-1 d
your
inl)l~esBion
Hm.1:.er)
brother
is
that
in f'i--ont of the
we
bank
��--199--
From there
Q
Q After
anywhere?
what dicL
goi_g
to my office
I did;
A
I went
Q
And i'ro ., there?
Q
v1
A went up to your
o?
yo;1.
~id yot
to Doctor
Fron
A
leave
I
Davis
there
office
office
my
••
and go
s house.
I en.me back
down to your
office.
doors
office
my
of the banlt building
A
th:1
en you left
--
and there
were
Dillard
I made the
other
or near
and officer
Dovel.
remark
say
officers,
i;,1hat they
MR. LEE:
A
"arreRted,"
Q
then -said,
I can't
you are
Q
he
;vas taken
out for
him that
Bank builring?
was at
iox?
11
and
the ric;r1t
It
was right
in that
time?
at th_,.
you call
it
Yes,
A
sir.
·You spoke of the bank builc ing,
you mean the First
N~t.ional Bank?
SIPE:
entrance?
mie;ht have been down as far
sir.
sir,
at
A It
the
that
entrance.
was at the
as Frazier's
place
at the First
place,
entrance,
I am not
or
positive.
,e got in conversation
vith
officers.
Q
r.
mistreating
observed
your
for
the Mayor.
'i7aS on Uai:n street
it
the
whetll!er
one or the
suppose
I
night?
A Yes,
rhich
about
lool(ing
in there.
via:=; tak ,n before
Where he was arrested
It
but
He 1:1as arrested
WITNESS: Yes,
National
belovr --
say 9ositively
do not know whetl1er I have
I
R.
Q
of the bank,
a little
remark,
is
or not?
and latei·
I sent
by, understand,
is unnecessary.
That
sir,
Yes,
1 suppose
11
recollection
down to the paverr.ent
or Mr. Hamner made the
made the remark,
one of the
to
--
...tanrling
and my best
office
mlker.
rtbou.t the
our brother?
vri th
I came back do~n to the
t you ancl Mox and myself'
officer
did you meet any-o,Jy
Hirsch,
your
his
son ething
sister,
conduct
has been
Mrs. Isaacs•s
to~ards
the
own 'J8Y, and 11here you bave
said
about
child;
little
seen hir
child,
state
your
brother
Mox
if you ever
and describe
anii the child
it
together?
in
�
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35cccd512d474e4d5b7668175c503f34
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Text
�--200-Well,
A
the
child
only
I may say
has been
that
I have
tines
at various
but by myself,
by father
seen hi1~1have
broug11t down to the
and lii ox has
At one tir.lJ I remember
of his
putting
tir.'i.es ridding
around
in the
stable
all.
A (Volunteering)
things
it
taken
it
oil the
in the
and
8table
not
on various
ponv,
several
and
pony-vragon,
ti1.1es ..
and such
as that ..
That
Q
in going
have
it
tl1e child,
is
down to the
a right
stable
to tell
MR. HARRIS:
it
I thinlt
in t e buggy.
I omitted
Romething
do not kno :: nhether
I
I
or not.
something
Mox said ·to you?
something
A
that
Mox showed me.
Q Did you observe
his
now and then he had his
to·:1ardD his
Q
of' his
mouth?
Yes,
This
and a large
handkerchief
and I as~ed
He rms crying
A
this
him what was the
A I can state
sir.
lip
it
looked
had one little
one on this
I reckon
matter.
as to the
conration
that?
A He had,
lower
and every
way (indicating)
7hat you saw, t1hat you observed,
st.ate
Q
here.
lip,
lips?
scratch
as if
side,
like
a bruise
in it
on his
on this
from a blow against
gum
side
his
teeth.
CROSS-EXAMINATIONBY 1 H. COHH.AD:
XQ It
first
was a quarter
sai7 Mox after
on Water
Street
come at it.
It
XQ I think
were on the
near
if' I understand
Mr. Isaacs
was killed,
Charley
Conrad.' s bar?
was about
you said
Square,
to ten,
20 mirn.ites
it
and the
and I was thinking
late1~ Yrhen you c9.me from tAie Square?
minutes
it
that
you
1Jlace was down
A As near
or quarter
~as twenty
you,
as I can
of ten.
of ten when you
was about
A I don't
five
minutes
suppose
it
took
me a minute.
XQ ~·111attime
there
on the
street?
o:f the
A
night
was it
When they
the
arrested
officers
him,
arrested
him
so uewhere in the
�\
�r
•
--201--
neighborhood
of eleven
a few minutes
probo.oly
a fe ·, mirn.1tes after,
or
before.
Between
XQ
o'clock,
eleven
Not able
A
and twelve?
to
state
that
positively.
There
XQ
hour
of the
recall
night
from the
the
but
rll3.ny peo~le
rnnt
colonial
on the
street
seen. some.
I
it
at that
I can't
ms Mr. Loewner.
from Main street
building
J·
street?
out
Well,
A
I believe
that
When you went
XQ
you?
very
uaR,
Who rras this
ri th Hox,
acros
not
r1ere there?
now who it
XQ
--
down to the
stable
yo tngrnan you called
this
_J11tter.
to Doctor
Davis's
office
ox al orig vri th
':7a 9
Ho, sir.
A
I
You ca1i,e tP to Dr. Davis
XQ
condition?
certainly;
A
You reported
XQ
said
7ere
to ascertain
Mr. Isaacs'
s
sir.
yes,
to Hox wher~ you 3:ot back
was in a very
Isaacs
s of'fice
serious
that
condition?
A
Doctor
I did
Davis
not report
that.
You did
XQ
report
serious
Doctor
Davis
condition?
ing rras.
'/hat
a1 r: talked
nirl not
He did
A
He dirl. not
XQ
'rnr:s
:put it
did he
to hir:-1 over
dovn. t ere and
the
skec.. l':in
to r: Le Ye coul(~ not
able
that?
report
A
I r~ici. not report
any sucl1
as that.
XQ
he
not
to
advise
he 1:ms in a very
you the.t
not.
I do not
kllO'T.'i.'-.2.t
iR mean-
in _those \7orc~s.
pUt
it
'phone
in?
I called
A
u.Jstairs.
o~, a: he Hone
f'inr,. a1,y frac
the
OVv::'
I t.olr~ hir.. v;ho
t !er. Isa
U'es to nigl;t,
cs
'phone
✓as
a. hurt?
1 t he
':as
r ut
c~
were you?
You r.rcre
A
ot o· good tern.ri
The be t in the
',''orld.
r·it.h
.r.
never
Isacc,
yourself·,
. ac a , ord r,i th him
in r:ry life.
XQ
stable
On the
night
to
he ias killed,
Web McGlaupJ1lin
and Mox had stated
1 + ,.,.,..,..."'
/\.
tncn, he ha.
after
hi· t
yo1 got
Isaacs,
down to
you then
the
said
't
�t
•
�--202--
it
W8. s
a good thin2:
always
butting
in,
re!Jly.
can
I
him,
he ought
diri.n 't you?
You did not,
XQ
that
for
you
beer: hit,
I ri.irl_ not,
A
positively?
tell
to have
"( .1.t I
s'li0. to
Waf1
positively.
I positively
A
he
dic'l. not
11qke
Vebb l'.cLaughlin.
MR. LEE:
I tl1ink it is prope1~ to let
witness
9tate 1.vh:it he rlid say.
1 R. CO!TRAD: I ar!l asking
no"r.
They cg_:r bring
crO::J'l-ex,=.v,ination
if
You saw . eb McGlaughlin
XQ
I di<i.,11 t r,e,
the
the
at
you di'i. not
say
Isaacs,
he had hit
butti1
al\7ays
at
tl1e stable?
8t8.ble.
the
street?
corner
to him,
that
Yes,
A
g in?
or at
after
about
that
HR. LE3:
Just
state
sav1 him
I
if
told
A
Yes,
Q
Ho
.,ro
are
that
1 e ;Ja8
say that.
I can give
sustained;
the
exception
1ntil
in his
1:45
7,
P.
accused.
M.
lGO9.
oi:m behalf'
defendant
for
in tllis
by ![r.
Lee:
Ci'tse, :1rt: you not?
sir.
ol 1 are
ei t"r1er t" irty-three
you,
Mr. Hirsc1
In what
Q
Have you lived
Q
You i_;vere born
county
v1
.re yo t born,
here
sir.
all
and re3.red
in H.ockins;·1arn county
Yes,
A
?
I will
not
be po~itive,
or thirty-four.
Q
A
tha:
you
say.
Rece·~s taken
MAXIMILIAN HIRSCH, examined
Mr. Hirsch,
·:·ht1.t not,
cGlaughlin
not
AFTJ~RH
OON- SES SI ON, Oct.
Q
1
you v1a11t it.
r1hat you did
!,E!,10:
), or
be en hit
dirt
Objection;
people?
sir,
stabl
to have
I positively
A
the
Mox had
he ought
you my remark
spent
thesd qu_istions
that out on
it is .!.Jroper.
corner.
¥hether
XQ
83.Y
irn at
You saT'.rhi1:1 on Water
XQ
around
]7
there
the
·1r. Hirsch?
of your
here
and the
life?
:::ind your
A
Ro kin,2;ham.
A Yes,
!lhole
life
tovm of H rri."onb11rg
sir.
has been
amon~ our
��...
''
--203--
At what
Q
to
the
best
age,
Hirsch,
L1r.
did you begin
of my recollection,
something
Q You were 0ne, I b,lieve,
Yes,
Q
A family
Q
You assisted
A
Yes,
Q
\V-n9.
t has
bcDn the
last
or t r,;elve years?
of
all
.along
there.
Q
Have you
first
Tell
the
out
the
horse
both
both
the
bones
Q
Tell
the
by
that
Q
at
You have
A
you
it
uas,
C"n't
No,
of your
health,
'3ir.
and. fall ily?
the
I uean,
Jury
stone
all
this
,,nat
.:.)art of your
yea;r;
It
spring.
I
t vel ve or
was getting
iR v:lrnre the
;1hare
:i.Jil<.e --
:Piece.
I
and I fell
V'lll
th
,y rail-
•1ent to
off
Pike
get
on
broke
anr
rig" t arm).
nefU' 12 or
right
injury?
when yo1 received
the
rray a li ttl8
y,-:,et.
an
linbs
soneth ing about
in my hand,
in your
sick
in your
upon
recollect
a.rm (indic3.ting
injury
sir,
stau11ton
e, this
Hirsch,
Mr.
·sir.
please,
the
unbrella
15 yeari::
9.rm?
ago_ when you broke
Yes,
A
Rir.
r t1.3.t arn wa.s vrnakened and has remained.
•
A I have not been able to do any hard
since.
not
been able
to do any harn
v1ork ·di th
that
arm
sir.
Does that
thin.l\: anybody
Yes,
j11st
rm.8 something
of
it
if
--
in this
That
since?
yourself
any physical
A
about
pi
..
Q
Q
I
railroad
the
bones
work with
chilo.ren?
Yes,
A
for
as I can rei;ol1dct,
here
'.,i th
weakened
of
A I have been a very
sustained
Jury,
As near
cro~ses
road
I belieVH?
a living
condition
bones?
ye:-:1.rs qgo;
on a horse
children,
in making
and where
A
crosses
some ten
ever
broken
injury
fifteen
the
ten
--
Person?
family
years.
sir.
the
Q
or nine
sir.
for
or bones
large
I guess,
A
li!<.e eigrit
of a very
A
,:;rork?
ar1. now at
could
tell
it
that
1Joint
by the
show the
A
injury?
large
lump right
t there?
A
through
I
there,
( 1ndi ca ting ) •
Q
•rhe e is
al(l1ot
t,here,
isn
I
Ye'3, sir
,
t11ere
is
��,''
.
\
knnt
t l1ere larger
And thnt
Q
arm was broken
oug11t to be.
than
-rras twelve
as you have
ago t_ r3. t your
years
right
A Yes,
sir,
as near
or af'ter
that
time,
d.ei=;cribed?
as I
recollect.
09.n
Did yo
Q
inju.ry
receive,
1
to your
other
either
arm?
Q When was that?
between
sir,
three
Where was that
if
you notice
there.
Q
the
The left
bone at
A
Q
Yes,
eight
Q
you have
effect
A
I would
been
tl1a t.
right
VelJ.,
A
up there.
It
was
here.
the
wrist
just
and you broke
indicated.
to
the
here.
injury
upon
the
strength
to use
that
not
been
able
the
Jury
what has
arm
you have
beo.n doing,
been
sa_y, for
clone no work at
all
the
t11e last
--
helped
to
ome cattle.
for
like
you to
been
Q How long
since
tell
A Well,
cond-1 ct ing?
--
tell
A I hav'n't
and bu.y
about
I have
has
of you1 .. arm?
sticking
of that
you to
work which
Q Yo1 have
has been
the
like
Part
a knot
splintererl
'.78.fl
for
years?
been
upon
it
at all.
of the
buy horses
what
Hirsch?
,Ir.
I woulcl like
or ten
injury,
it
'9ha t ha!=! been
character
something
~ou can see it right
sir.
to any advantage
Q
as I can recall
ye::1.rs 3.50..
see
any
sir.
arm :ms s:;_)lintered
above
at
wrist'"' the :point you have
the
arm,
that
Yes,
As near
you could
I th ink
before
A
A
and five
Q
broke
of
or fifteen
dealing
along
sir,
in horse8
you began
I guess
t11e jury
what
sort
I have been
and cqttle?
to do that
sort
of business
dealing
A
in
.sir.
Yes,
A It
of work?
as near
about
sixteen
years,
in his
-opening
Rta te1,tent,
as I
can i--ecollect.
Q
were
My friend,
a stalwart
Mr. Conrad,
man, that
and yo,J. were a drayman
how long has
it
been
your
1NOl"K
and had been
since
you have
wa
handling
engaged
you
he8.VY baggage,
in that
done any work
says
sort
of that
of
rrork;
cl1aracte:ir?
��'
.
--205--
A I guess,
recall
to the
exactly
tl1e
best
of my recollection
num,Jei· of years,
but
I can't
--
9.nyhow sixteen
just
or seventeen
years.
It
Q
has been
any of that
of rrnrk?
As well
Q
the
oort
exact
ixt 1en or seventeen
To the
A
as you recolle~t.
year,
of' (;o,1x::::e?
16 or
rri thin
worlc of that
A
all
Ye:J,
A
sir;
no,
last
the
sir,
to amount to anything
You.r business
wholly
confined
Q That
that
the
character,
No,
Q
SOTt
Q
_,t o:f ~r
you have d.one
ecollection.
yo~1 cannot
give
ir.
or 6 or 7 years?
I said
A
17 years.
\.' ell,
Q
h
since
I ur:derstand
Q Did you s~y 16 or 17 yea~s,
about
years
for
six
or :o;even years
lifting
of heavy
I hav 'n' t been
Wnen did you firGt
rn8.teJ::-ial or t:rain?
able
to
good n 1.mer of' years
'l
lift
11as
and c3.tt.l·3 b 1.ying?
neceBsi ta ted. your horseback
A
you ci.one any
anytl1ing
at
f:"ot'.l tho..t time.
to horf:it:: da3.lin.~
of thing?
have
YeA, sir,
rid.ine;
been alr:1ost
Yes,
A
a .c;oor'l.deal
sir.
:--1.nd
principally.
kno,1 :r.
Lou Isa
cs?
A
I knff7
hi:::i
when t:t1 ey were married.
think
I
Q
met him before
he m2r:ried
your
A I
sinter?
did.
Hovr lon~ before?
like
thing
ever
Had you
Q
six
I do not nean in daYS or weeks.
SoJe-
month8 bef'o:.::'e.
Q
Where r'J.ir-1you meet hin,
Q
Sir?
Q
i,fet him here
A
.r.!et l1L!l right
here?
A
Yes,
sir.
here.
·:Vhe1 he
•r::i..s
A
Yes,
Q
Yhere v,aa Hr. I aacs
from;
visi ti-ng .ro·tr
sister,
I
presume?
sir.
or w1.s he from son1e other
in Bal t ir::ore.
A
place?
was he a resident
A
No,
sir;
O.L
t:: i~ co tnty.
I thin1<. his
hone was
�\
�--206-Q
your
been
stat eel, Hr.
11arrying
sister's
Q
Without
goin,z
Isaacs,
is
into
detail,
for
to your
sister
just
marrying
.ms a man that
state
Isa
.1r.
tl1a t ~ ou were
Hirsch,
l!r.
a ri~ 11t to do_ that,
have
he
has
It
that
gener::1lly
?
'lC
A
true?
I do not
opposed
Yes,
sup1;ose
why you
A
'ell,
I
o'bject
to
sir.
you "'OUld
.r Jre
o:)::;osed
I learned
sir,
that
-l,R.
CONRAD:
to
that,
sir.
The qu.,stion
is, WhaY he ·,7as
o:P!Josed to t}10 marrig_ge?
THE COURT:
MR.
They have brought
that into
evi,:~nce
f'or the COlTi!-,,n,,eal th as
tendi n~ to shm7 bad feeling
on the
part of this
o m~nan, the n.efenrl.ant.
L2E:
I take it, that ·1 1n•ot. er who
loves his sister
and has her iil t.erest
at hea.rt,
may, under c.ertain
conditions anrl. .1it ri ce"l'.'tqin inf'o:tT.lA.tion,
very i:iro)e:::-ly be o_JiJosed to her Harria
to a given person.
To let it go to
tho J 1ry t·1a t e r1as opi:io sed to }1i
sinter
mrryi
1g this
younsmar Isaacs,
without
permittini
hin to 0 ive,
not
in detail
but generally,
the rea";on
for his objection,
would be unfair
to him and to the Jury for they '.'rant
to understan
~ t 1e re·'!oOn for
his oPposi tion.
NO'i/,
1
put
I will
MR.
the
7-t Rtio1
i:
form
Q
your
op
to tell
sit ion
the
was based
towards
for
your
ma
to yo1tr sister
nhether
any 111-f'eeling,
1[r. Isaacs,
or
~n~
towards
Harl 3.l~Jt,1in
to':mrds
'l'han,
proper
bac;ed
desire
opposition
A
--
feeling,
to
Jury
I
to his
1pon yo,.,1r love
f'or her
marriage?
to the
Isaacs
ny unkincl
or
"!!3.S
a good
to state
mar::.~ying hr.
or not your
1
or upon your
ill-feeling
Q
be l{inn. enough
sister
ill-feclini
Q
Jury
upon
had
consider
you please
\Till
whether
1ant yo 1
1mrr iaz:e
which you
and affection
iake what you would
No, sir.
I never
hacl any
hi
occ rrer:l befo:re
hi
:1
by you?
aR I um.erstand
you,
t:t1at,
A
No,
that
1.%uld have
c
tsed
sir.
you v1ere sirn.Jly
op. 1 osed
to tl e
0
e
�.
'
�'
♦
• •
r
--207--
mai·:!.'i'lge r P-ca 1se of th.,
inf'ori ..3.tion
honeRt
after
must
On the
say
you to tell
it,
ni___,ht th<J.t they
we took
a drinlc
anrl. bec'-3. _c:e of the
led ~'O'l to that
hqr_
Yes,
A
sir.
t1le Jitry
m .r!'ir..-S. yo, ,... sister,
Mr. Isaacs
sister
v1hicJl
as her brother?
I 'lOUld like
N0'.7,
A
in your
--ihic"r-iyou har:i. recvived,and.
conclusion,
Q
interest
hO"'f S'Jon,
if
at
all,
you an 1 he becan e friends?
c•ui e hone
together
fror.1 the
ma.rria...,e,
and rna-1.eup and it
if
I
'i7as all
right.
Then,
Q
place,
for
soon as it
as
her
whilG you d.iri. op-pose tnis
husband,
·1a.c: consw --:'lted 1.nd your
an11. he shook hands
!'O
a d inlc together?
If
Q
marriage
Ye~,
A
I understand
before
sister
it
took
had talcen J1im
and macte :friends
and. took
sir.
you,
irm..oo.ia tely
bec3.r:1e fri,3i.irls;
no·-;, ho·1 lon1
main en..frienrls,
to tl1e best
3.fter
di'1 you remain
of' my recollect
the
vrndding
yo,
:frie1 ds?
ion,
until
last
Ansust
a year.
Q
ac;o,
You reP1ain8 .
t113. t
Q
Well,
at tl1a t time
Q Sir?
Q
with
fas that
Q
Yos,
Q
Then,
in
you and he h ve so 11e d.iffere
fl 01r
e little
-:1e had g_ little
dif
ve had
Aug,rnt
o.if'f' ere nee ever
sir.
A
af'ter
l.fo,
August
A
Uot11ing.
sir.
ce
difference.
I
e::-ence.
a dif'fere11ce
1908
aro, e b tween
sir.
Yes,
each other?
Q
gir,
If' I underst1.nd,
A
AugufJt a yt:}ar
last
diffe:-encJ.
Yes,
A
did
until
Yes,
A
Ye'3, sir,
\,e had a little
Q
terms
·.10:tlr'l_be; August 1908?
A
guess
friendly
0::1
Ho,
So that
1111.rle11.p?
A
Th~t difference?
'3ir.
1908
dir: yo
1
and he have
anything
to do
sir.
t at exi
everythin~
ted
bet 18en you in
'
the
-;ay of difference
Q
I would
gre-:,
be g1a,1
01
t
of'
t:r B.t one
if' you wo tlrl
tell
occurrence?
the
Jury
bri
A
fly,
Yes,sir.
but
��r
•
--208--
-full'
if' you choose,
Au:,·ust
1908,
A
the
what
Well,
rlif'f'er1-n:c1~ of nhich
c:1iw1:;d. t. e
vrhich
the
bet ve,.-:rnyou and Hr.
occurred
difference
vrns c3.used
t 1irrl l. ond.ay he c1ne <io•:n into
took
ancl he took
board,
take
it,
up the
and hooked
the horse
it
aw-1y;
a1(~ one of the~n
this
on Water
as1(ed ,7ho gave
says,
avr2Y f':ro1.1here,
us.
I have
the
I says,
11
at
and grabbed
that
I ran.
A piece
from
Q
door.
a two-horse
Do you
Q
on the
no,
other
thinl~
trouble
it.
I
I ran
A
it
1
at
that
A!ld.
at
br➔ longs
It
11
"I have
family.
so he got
11
:ras a Piece
to
as much right
in the
all.
He spoke
11
baok tn re and ma.de at
of lever
time?
A
11
r:ad
me and
of':f a
ara tryin
unless
1
o:tt the
street
me but
f:::-orn t
friend
the nature
6 +,o show briefly
in the
have hit
I ran
us or anything?
.eces·.··:.:ry,
is
out
r.1e and would
of the
says,
m:ir:ried
.iJlo stoppe,1
kno·c1· t:1.at it
, ants
sine
he followed
the last
of iron
"Tant me to tell
I do not
r
11
11
to
wagon.
end the
of tl10 oc-;urrence.
ani
I
I own it?
I
11
to do 1;;ith it
piece
8.
and
"who 3:ave yo-~:i..9er-
He s1.ys,
he says,
11
nothing
of iron,
Did that
it?
to ask you.''
You hav'n't
I
11
to do vrith
as you hs.ve,
to do wi tl1 it
brake
buck-board
rigl1t
street
Noboriy gave hir.'.l permission.
mi RS ion to tal(e that
"What you got
befort.:
1ir:1 permission
1
"Lou,
said,
spoken?
11
S8.vs,
in
rd of' o ,...s, a ne.r buck-
\7hen he c·1me b1.ck I a, kcd him,
up and
have
you
~"iaY: on Sunday
our stable
buck-bo
anrL I
Isaacs
t~
stable,
stopped.
"':.9.9
That
'.1as
fight.
Q
Did you anrl he ever
Q
Yes,
Q
You do not
speak
f'rou that
ti
1
e on?
A
Th:it tine
on?
Q No,
nade
house
sir.
it
A
has
some threats,
you '"fould kill
I don't
think
been
you did?
state~
some ugly
him,
thinl\.
11
vre <'lid;
A
that
remarks
No,
no,
sir.
I l~n0':7 we never.
s:ix --
on several
occasions
about
"if
or vrords to that
him,
effect.
you had
he 03.me in your
want
to
�'
♦
r
•
�--209--
direct
your
attention
on the
ness
1hether
stand
·,7itness,
wife
done to your
Mr. SPiro
the
got there
that
as re:;orteci.
to yon;
I do not
jury
told
what it
,ms,
to . ou?
what that
street
was?
me that
S}X)l(en
had 1::3.id or
me·1n what you saw
Yes,
sir.
Well,
e over here
me and. ey nife
and stai0 .. there
·rnnt up there
I
an 3.ssault
ll'ld.1~
Jury
eveni1 g and she n ade her
on Saturd·1y
Isaac'3
!{r.
threats,
{r. Isaacs
A
A
the
until
one P,Vening,
on her.
I askerl her
arrt she said he had threatened
to run his ciamn fist
teeth and
throat
a1111..
jerk her,...tongue out.
I S'li'i,
"Well, If I had
cJ.ownher
there
o:f that
7ould have helped
maybe I
It
Q
reportc1
of by a wit-
to tell
YO't
o:r so-called
and we Hent riome together.
wife
been
threats,
at Abel Mil:...er' s sto
heac,quarters
my
anr:·1_
I want
--
of' anything
cm.1e down the
al'.':2ys
oc.c :--,ions sPoken
grew out
•1hat may riave been
Q Tell
I
--
or not one of those
of by th
but
to one of tl1ose
had been
sort
And it
Q
r r. Hirsch,
I would
by your
v:ife
thr-1.t he had been guilty
towarci.s 1:er?
A
reported
of conduct
Q
him;
Yes,
angeret4. you and. you made thqt
have hit
him.
11
sir.
r;ort
of remark?
A
Yes,
air.
ever
bore
tion?
about
No,
A
your
never
na .1e,--
little
Hiriam,
it
crying,
yo
1
rode
me 'Uncle'--
tlle Jury
sir,
whether
I rms
iding
any sort
on the
on the
porch
by on horse-back
I llave
you
yo
this
no use for
Jade any such
in from the
you1· sist
of
she
Don' t tell
11
it
Ho, sir.
sometir..es.
little
and that
said,
A
·.1itness-stand,
afternoon
rith
in my life.
knife
for
or o.escrip-
kind
of '-reapon?
see s she was rrursing
tl1at
at any time you
not
a revolver
so:-t1, ,r1onan on the
, 0·1.r Uncle Uox," and that
call
02.."'
weapon of any sort,
c'"'.rried
carried
stated
she was sitting
any
"vhether
··:....
B a s!!!.all pocket
Mr. Hirsch,
te11 her
jnry
never
I
Only t 1ing I c·1.rrierl
Q
the
person
sir,
You have
Q
tell
I have
fore;ot-
.,r --
nui"'cin
the tragedy,
child,
r:hich
said
"There
farm on a horse
was
co:ue8
t 1at damn brat
or any of the cro rd;
statement
1:,hile
as that?
A
11
to
tell
Well,
and roii.e by 1. 1e 110 se
��..
.
.
.
and she
said
told
Hello
child
to
thinl~
I
called
t of anything,
just
I
11 •
11
neveI·
the
thou:.
Q
Ho 7 old
Q
HOVI
chilrl
it
r:ust
that
A
Vell,
Q
Did
Mox. 11
"Hello,
it
tell
rode
on to the
child?
little
Jury
chilci
my ,and and
on by ancl
stable.
Now?
A
an1 nov:?
then
the
I uaiverl
l)y TI'lme, anc1. rode
be 16 or 17 months
A
old.
Best
of cy jucg-
I don't
111hat your
k.nmr a:mctly.
feelines
have
ali.:rays
that
child?
anr'_ l1ow yo11 . ave tre':lte,1
I loVeQ it.
sir,
ou ever
come in contact
with
the
li ttl0
one?
lore
A
once.
Q
1
\'here?
A
Q
I::1 the
stable?
Q
And the
the Gt'lble?
Tell
Q
at
the
Via '3
towards
than
little
I w1.nt yo•-1.to
Q
been
is th'-lt
old
ment I think
say,
the
Yes,
sir;
the
Jury
vrnether
stable?
Yes,
A
Yes,
second
or not
fro1~ the
that
11 ttle
is
quite
neal'
stable.
child
was frequently
Do·:·11t:-10re '1..t an averawe
sir.
little
children
I guess,
of,
in the
nei~:;J-1borhood come to the
sir.
Have you any ponies
Q
house
one lives
ti1,1es a ueek.
to five
A
sir.
in ··.·'1ic1'1 tri i!3 little
A
Did other
Q
Ye::,
A
:10·...1.88
stable?
anyhow four
tht3 stable.
In
there?
Yes,
A
sir,
a black
pony and
a vihi te.
Q
You have
Q
Tell
amuse this
the
little
JUI'Y wi1ether
than
all
th~e,
room,
around
--
Have yo
time
gang"ray
it
A
Yes,
undertoo1"
to
intereRt
on the back
i , was there.
in it?
sir.
or
of any pomr or
The stable
take
of your
her
Yes,
A
of minutes
I would
any child
0
POIT'J?
was
anyway as big.
in a couple
·--nd sometimes
Q
Every
A
'.rhere '.vas a big
Q
dri~c
this
YOU t:V8l'
c_1ild by ricUn
in any pony-c J.rt?
bieger
pony and a YT.1ite
a black
time while
riding,
own?
A
sir.
the
we would
pony na
especially
Have I any?
on Sunday-.
�,.
�'..
'
--211--
A
Q
Yes,
sir.
Q
You did have
six-months
ing
child?
ing
this
one.
child
of your
w11en born.
You have
Hirsc
,:,here
1,
you been
}13.d
I had been
A
A
I had
Q
rhere
ing?
been
had you
hands,
been?
A
wl1ore the·
were
After
o'cloc(.
I did
six
out
Oi ty,
not
to the
f'arm boss-
o t a pond.
I mean,
leave
the
sir,
tl1a t even-
farm
tntil
after
A
some
six.
The whistle
l1ad blov111, you. mean at
Q
It
for
A
Y0s,
Q
How fg_r is your
Q
day
out of tOitn?
or had you bee
".:!leaning
in the
blew
of the
syna ogue.
I '1arl be8n
n.irl you get
1histle
hac~ · ny liv-
o .t of tom.
What tirne
A
never
on t}10 evening
to the
Had you spe1 t thB.t day in to:m
1
sir.
Yes,
No, sir.
Q
a f'e
A
o':rn?
ctiect.
was dead
trouble?
Q
the
It
It
A
,fr.
Q
of'
see.
have
I dirt
a little
child.
I
Q
A
the
t9.11..r1ery?
whistle.
whistled
six
o'clock
v1hen you left
the
farrn?
sir.
farm
from Harri8onburg?
a strong
nile,
maybe little
Q
Then,
Q
Where did you go v1hen you
I sho ld
ge
jn
ovc_.
2:ot in here
yo
A
somethinz
after
six
o'clock?
c-=:_rn.e
home?
A
Ven-':. to
Yes,
A
sir.
st
ble
tied
lit
and put
it
vle
the
horse
I clganed
to a post.
1.
up there,--
ti on my sJ1oes, --
an-:l ch:1.nged
clothes
r.ry
and
You nent
to ch'..trcl'.?
Q
Well,
er you left
church
with
Q
yo?
A
off
q
Leon,
1l.lan to put
little
ouse
it
away,
bit,--I
had a
and ate
su:pper
:rnnt to church.
1
ir.
Ye8,
A
church
Papa
Where d.i'i you and your
ne:J.r as I can recollect,
rrvself
the
and came up to the
Q
af
told
the
where
and
fa thei·
Papa went
!1e
did you ~o; wl10 came fro
03.1,e :from church.
and Leon
in John
separate?
Sullivan's
A
to get
As
so :'e
I
�-.
�...
''
•
--212--
Q
to the
here
A2Yl
d.ici you and. Leon thei:
1••1
A
go?
we '.'lalk ed on dorm
stable.
Walked on do1'rn to the
Q
Q Did yo
separate
at the
Yes,
A
stable?
stable,
sir.
or not?
W' o do you
A
mean?
You and Leon?
Q
'/hat
Q
A
is yrr
stre,-t
st eet,
Q On water
thinl< 'rre .i
I
st8.ble
, if' I a int
on?
On Water Street.
A
ne'.:U' the corner
mistaken.
of German street?
Yes,
A
sir.
very
Q
This
was on July
Q
That
pretty
29th,
~ims it
warm weather
not?
A
or not?
I think
Yes,
A
sir,
:ms.
it
1
it
was
hot.
n·d you have your
Q
A Yes,
sj_r,
I
CO'lt on afte:i:- you left
on, but I talcen
:iad it
it
church
off
after
or not?
I lef't
the
chu.r(!h.
You t.Jok it
Q
off
how soon after
ne2..r as I recollect,
I talcen
or
street,
dovm near the corner,
it
Wa
you took
Q
it
your
1'/ha
n-hile you '.. ere
coat
your
Afte:r
purpose
Q
'lhere
was visiting
tl1, ... '1ill.
I
you. separated
to uo?
does
with
after
along
A
As
do'l'",m this
v1hich it '.7as.
yo r fat~.er
so --
think
ch rch?
sure.
not
taking
and Leon that
it
off?
A
Had it
arn
A I
who ·:ms going
cousin
A
still
t did you d.o v7ith it
hung over my left
Q
off?
so1,1e 9lace
I disrB1:ei,ber
I'
Q
off
you le:ft
f::'or:i. our fg_thcr
P ade
arrangei:ient
m.1a.Ytl1e next
she live?
on corn~r
Q She was going
A
ms it
to go u,;,:>to see cy
E1orning.
She
of West Market
to leave
and Leon where
lived
~d
town the
in Bal tir:1orP-, b 1t she
Hi-~ strAets,
next
mo ning?
on top of
A
Yes,
sir.
�r,
I
....
•
\
�--213-Q
Did she live
Q
Where docs
Q
Your cousin
here
to tell
to her house?
her
route
around
Q
You
A
Up \lest
Q
Was that
as near
Harkat
Yes,
A
of :feet
as you can state,
dO":m
!here
,~ray to
the
''l1.8
sirle
this
visit
stable
1awened
nrr'l. then
nearest
way?
A The
'.7aY?
and then
yo
go
'7ould turn
as far
night
tha.t
meet and where
-
as you tra-
A
a fe•n feet
Yes,
Q
Wow, Mr. Hirsch,
Isaacs
that
me and asked
On German street
A
you first
did
meet,
-night
v1l1en
A As I was 1alking
si ste1" stopped
of' 1:1here tn.ey
A
anti. r.
8ister
yo•,.r cousin?
my
tha tr
It
about
e if
,ihere
I
a couple
live.
Yes,
n~r.
south
of' the
st~ps
to her house?
!3ir.
and ·,hat
Jas
in yo1r
done,--
and her husband
Jv1d s:=tid anything
a
f'rom the
you took
your
street
Q
sinter
you mean the
Gir.
Q You mean south?
v,as said
from yo 1r
street.
wrien_d.id you first
Well,
leisurely
sir.
Ger,1a1: street.
Ge1·u.an street
t11e route
you were on your
Q
:;o uJ
:10·0.1 1:.
it?
Q
A Yes,
and
Yes , sir.
A
versed
here
718Y, but the usual
Q You c3_me up to German street
Nor th?
visit
2
f'or you to take
way --
t11e nearest
go, I nent
way I alv,ays
Visiting.
A
goo-bye?
A The usual
Not neccgsarily
Q
Visit?
from Bal t ii;1ore harl be0n on
What would be the uRual
Q
3.
A Bal tirnore.
she live?
you 1.·.rere going ud there
stable
or 11ert; on
at
th~t
1gly about
o,;m 1t78Y, sii:rply
7h'lt
transpired
time?
the Jury
what
when you met yo tr
My siRte1·
A
her baby.
tell
I sa.icl,
asker.1_ r:ie if'
no,
I l1adn't
I
said
thing
THE COURT: Talk louder.
WIT:iJE'3S: I said,
Q
the
Jury
Just
· hat
go ahead,
ha::i/;;ened.
wi tho i_t bein
qi.rn
no' I
har 1.n It
said
a thing.
f:'ltionerj_ by me, and tell
A And Lou Isaacs
said,
"Yos, you clid,"
�,l'/'
l
•
',
'
..
�•
•
f
.
...
'
--214--
just
t 118.t ·.7'1Y. I sa iti., 11Go away, Lou, I don't want to have any
i t.1 "' ou
open
1 and
troubl~
tl1re-.'! my hand up tl 1. t ·. ay -- rw r.J..g-1t hand.
He iHS
on. the left hand; she was standing
standing
next to the house an-:l I ·1as st1nd.ing next to the curb
i
I\
when I saicl
Go
11
I 1.on' t 'irant
.21.11.y,
son of a bitch
and I am going
at
-it me '!Tith hi'3 fists,
me and kept
to have
to kill
tro
8.l y
you, too.
hitting
ble.
that
By
11
me all
I'!. looked
n
the
he made
time
all
the r1aY up.
Q
Did he stri};:~
Q
rfi ere
here,
n..icl he strike
tin
( lndic
struclc
A
sir.
lie so -1e Place
alon~
In
Q
Vlhat elGe ,:.1.i(t he do after
A
He kept
Q
VJhat did. you
A
It
sir.
Yes,
Q
a little.
bled
you on the
striking
mo 1.th?
on '3triking.
do?
A
I kept
buck up the
backing
hill,
UP
pavement.
the
Did
Q
Arthur
you see Hrs .. Artll 1r Hirsch?
while
Hirsch,
Q Did not
311e ran
there
A
of refuse
She says
her?
Q
NoH,
Plank
that
A
it
be~il
trnck
the
aiYl I r'J.on't say I did.
Q
You m3.y have
Q
Did you
you ~ere
strtck
not
Did
0
110
the
Jury
~.rs.
up there.
me '!here
v1hetl1cr yo,J.. a.id
When he came at me he knoclced
ta ten. that
house
done it?
u11dortr,tke
~
I got
in f2. 6nt of her
tell
A
to throw
face?
threvr
you
there
I may have
in the
not se
see her until
almost
her,
~ir.
has
I did
lur.iber.
you struclc
No,
A
was goi· g on.
trouble
see her?
vm.:.1a pile
strike
this
bet~\' .;en us when ve 'Iere
Q
of
you?
Yes,
A
•)
H10'J.th?
the
he !.ca.r::.e
at ym.t?
you nhen
A
q
A I don't
done
it.
Yes,
sir.
rock
her
dovm.
or a piece
SaY I did
anyt 11inc; or to a.o anytr1ing
No,
sir,
I never
thought
tot,
until
o-P any
thing.
Q
Gan yo J.. tel
A No,
sir.
the
Jury
1<1henyou picked
up that
piecd
of plank?
�)
•
''
♦
'
.,,
�,
•
--215--
Diel you h:=?Veany plan·
Q
in the
struck
the
time
you
·rnre
'lt the
tine
you vrere
not11ing
but
you mean.
Diri. you have
Q
my
vr11a
t do
A
struck?
in yon.1' h~ncl at
any plan.1-- in your
face· by
Ha
A
Isaacs?
I. 1~.
hand
Y;.W
on
coat
arn.
of
Q
You har.1. yo· ..tr coat
A
Ho,
Q
When Mr. Isaacs
this
on your
in your
hand?
sir.
t yo
marle
pile
of lunber?
Q
Y~s,
sir.
A
Q
Hext
to his
place?
•Q
arm and nothing
vrnre you in tl1e neighborhood
You ~ean first?
A
I ,:ras do·-rn next
Mo, sir,
upon the-} lnmb0.r lJile?
How soon did you get
place.
. ir.
Yes,
A
to his
He drove
A
me back up there.
Q
edge
or not,
Diel you,
of it?
Yes,
A
go over
sir;
1 unber pile
the
he hit
me 'Uli
or through
the
I thinl-:. knoc~l~ed. me over
it.
You did,
Q
your
hand,
east
in
tl ty,
Yes,
side?
I understand,
on the
sir;
Q
on
A
Yes,
Q
At the tir. e you struck
yourself
et that
e ·,1a
SOJ.
piece
of plank
i.L
did. y OI.l?
The diITic
Q
the
fin11. lly,
the
1·r.
righthg_nd
to the
OlJ)OSi
te side.
on tJ1e sidew3.lk,
.thanri.
side
street
s;oing
1
of the
on
3:oi -...
6 Horth.
1Iortl1?
sir.
Hirsch.
when yo t finally
close
side
rig
began
side
It
Q
I was over
Q
over on tlie side
A
Yes,
nir.
is ·a severe
str. ck thi
o~ the
on the
Mr. Isaacs
with
ordeal,
in f~ont
side
of
·.r.
next
plank
I ls.nOYi.
blo·.-; .hi.ch killed.
sidewalk
the
. r.
of his
At
Isaacs
house
to Mr. Uye:rs' s.
Myers?
--
co:·1:0ose
the
tir, e
were
you
or on the
�r
\
•
�r
•
--216--
You vrnnt with
Q
tl1e otI1er
tragedy
the Jury
d1Y, rUrl you not?
Q You were with
do1;rn to the
place
Did
Q
1
knov1led e it
Q
As near
A
Yes,
Q
Mr. Hirscl1,
over
A
the
Because
Yes,
of us,
sir.
deacl may 7as
I t'1i 1k I clirl.
it
Yes,
A
via~?
tell
to that
the JUI'Y
point
it
sir,
that
w1-ie
or whether
He :follo•:1er'i. me all
of EV
to the best
is nhere
tl1
tJler
or not
you TTere?
he f'ollowed
·1a.y over
fol2-o !'led Mr.
.1·0'.l
you over
t,here.
there?
I was backing
Why did you strike
him vli t."i1 the I1l:1.11k, Hr.
I was in danger
af'r'lid
had the
The deputy
in your
bod.ily
bit
lea':lt
he was going
c1c him Viit.1 the
hir1 great
all
was on the
nig"lt
of this
room and that
mean that
fight;
bit
the Jury,
I meant
that
:ro, sir,
A
o 1 cloc
six
the
i:.
part
of the
in the morning
,hen
·.7ith y JU in .1hich you toJ d him
he says
least
·ras not
to-d.a,y and
he had spent
bit
the
·.O{. SIPE:
and that
that
le:lst
What?
you 1uere
he construcn.
excited
if :ro--t _ple·1~e, sir,
I
any inten-
him?
1i tness-stanrl
trouble
about
excited;
you were not
tell
A
least
A
me.
Plan.1< did. you have
you v:erc on your v,9.y home fror.. church
the
to kill
harm or of' killing
you uoke up he h.acl a conversation
and not
Hirsch?
of idea.
sheriff
stat en. t,lu t on the
that
A
and all
sir.
of doing
Q
night
ty?
a~ you cg_n come to
When you strt
Q
never
the Jury
·:;,ay fror.1 hir.1.
Q
tion
sir,
of the
1.1as.
0
Isaacs
day,
ou see 'I."here t:!1e suprJo sert body of' the
was ths. t where
Q
ct.ifficul
scene
A Sir?
us t e other
of the
Yeq,
A
located?
and 3.l l of ,rn to the
while
I cannot
tt1-1t to
you were in ti1e
~'lh3.t you did
excited.
cool
mean?
I meant
hear.
that.
Repeat
it.
WITNEPS: I meant that I ~2s just as cool
when I v1alked. dor:n there ta·,mrrt. □ t::1em
as I am now.
�r
•
�--217--
Diel you mean to hav0
Q
"Jhile
tl1is
cit cd?
A
walked
north
of hs. vinr; any
tho· .3'-'lt of havin~
of' ever
neve1" dreamt
never
thou;ht
of
Hr.
Hirsch,
Q
Isaacs
had
Q After
yo :tr f'athei--
Q
Did you see your
Did you
Q
A
struck?
Q
You did
a·fter
until
any effort
least
bit
contact
or not
A
you
No, sir,
either
71 th
,rheth,::rr· yon
s0e
over
I
f -
one of
again,
them;
and Hr.
saw your
f3.ther
please,
was
sir.
struck,
did you
No, sir.
A
e;o to hir.1?
1111.1
stricken
:f:.--omtr1e blow
A
fa the2· there
1
see your
father
:ri th
there
Ho,
not
sir,
about
he ·,me nfter
I never
no,
sir.
him before
you left
the
see your
took
:place;
of any sort
of idea.
before
the
blow was
me?
sa 'T }1im.
father
there
t.he blow waf3 struck?
occurrence
ex-
and
Neve1 dreamt
11
at
all
--( A
No,
8ir.
)-
A No, sir.
Now, a good c:a.-1 has been
Q
bit
I 'iid.
A
Yes.
co->l
cousin,
any one'i
blow had been
f1.llen
You mean while
Q
tlrn least
'fheth~r
at all.
in
Jury
so to him?
thiTl.
tlle Jury
Say that
Lan h:id
not
perfectly
to see ymu·
;-:i th
coming
this
A
You did
A ·I
tell
the
Q
spot?
the
this
1ere
thing.
&.
tell
to him?
going
any trouble
after
fallen,
ministering
see
suc11
you
you '.Vere not
trouble
even
that
excited.
stable,
the
on German street,
any idea
never
I was v0rt
sir,
No,
on, that
going
W'3.G
Vhe n you left
Q
had
fight
him infer
tell
said
tlle
abo•:i.t r1here you nent
Jury
whether
to run a11ay or esc .i_:pe?
I ilad Plenty
of chances
or
ot you Made
I never
A
after
to get
aw~
if
ilad the
I wanted
to.
Q
charge
And you v;,~-;:e on ~-ain
of you?
Q
About
A
what
Yes,
tir.10 of the
I never
at
time
the
the
of'ficers
tooK
sir.
of n:y jud.gnent
--
bet\1een
a:rcl tvrnl ve to
eleven
street
nigl1t
m.13
that?
h:-3.d no '!latch with
the
best
m~ --
A
I sup1iosc,
I think
of' my judgment.
it
best
was
�'
.
'.
♦
'
;,
�.
.
,, •
,
'
,
.•
~
--218-
Yoa i•ere on the ma.in street
Q
Harmuer and your brother
Leon,
of t'1e City
I believe,
'.111en
in com:93_ny1'1ith Mr.
that
occurred?
A
Yes,
sir.
Hirsch,
Hr.
Q
mer:i.ory for
said
shortly
about
tht! tannery
where
t 10 scales
sPeaking
after
thL:,
trouble
toolc place
tnere,
some-,"lhere about
Diel you kno·;1 at
A
no,
remark?
th
·1i tness
.,y sa IV
and you said
did you know at
hurt?
A no, sir.
tl1a t tire
that
stand,
you do';·m
th•.-t your
hell
done;
out of
that
he \7as dan 0 erously
time
hurt'?
sir.
at
rlid you think
A
I thought
breath
his
condition
1hen you
:rns
1
na.de that
prob:, uly he had ,2;ot a blow th 9. t maybe knocked.
of hin
out
Q And that
vas all?
A Yes,
sir.
cmos0-EX:J.1IHATI 0:1 :SY 1rn. CONRAD:
XQ Yo 1 say that
just
as cool
ref~r.ced
:first
met them?
crousehorn
at
/hy
11
'i7'1S
to him that
you
I believe?
to Mr. crousehorn
to your
:fP-elings
or
about
~ro1u'
bein:::, perv111e1 you
our condition
A Ye::i, sir.
there
you were
th.at moment?
any reason
cool
at
A Because
a 1d I r e·-·er thou3ht
ot excited?
that
or occasion
par·ticnl'U'
I '7as walking
:fa1--
you to tell
moment or not
down the
street
Hr.
excited
cool
of anything.
XQ '!fhY was there
you were
you ,;;ere
st met t em.
rewark
your
talking
that
at tht., ti1.1e you met Iso.acs,
when I fi
cool re:ferre-l
XQ
Mr. crousel1orn
as at the moment you were
I said
XQ That
fectly
when you told
to yo 1r :feelings
A
Hy
tannery
tJ1e allc.,,y by the
oi you and you had knocked
·.1as fatally
Q
on the
you 9.bon t it
and asked
1..1anwoulo~ have
brother-in-1'1··,
Q
whose ru.-:,.mesI do not rec~ 11 --
good --
are,
him as any other
es,
very
harl juupecl
brother-in-law
the
:ri tnes
n3.mes is not
that
your
two
any occasion
A Bec~use
for
you to exPlain
I TTasn't.
to hi11 that
�\
''
•
l
~!
•I
�l
't •
..
,•'
--219--
XQ Before
I wasn't
difficul,ty
the
I.'.1--::tcl
Yli
wasn't
you met tl1em but
tl1at you were not
excited?
when I met them d0 -:n there;
Well,
o:r him.
He macle that
Right
XQ
evening,
there
Yes,
And. they
ho1.11far
it
XQ It
in
the
road?
you were?
grape
I
A
they
,ere
Yes,
because
you
I was afraid
to kil:::. ::ie.
s house,
that
hour
(Interrupting)
in tlie
No, sil,,
I
and two gentlemen
vrhen you passed
your
were
home;
there.
twenty-five
A
Isaacs?
diagonally
feet,
if' that
I ·don I t know just
across
v1ay in
11ere two men within
1
A No, sir,
Isaacs
A
!Jisters
your
Down this
A
- Mr.
exactly
there.
w0 s j 1st out
So there
XQ
--
were not more than
is aero ss over
excited
aI'ound there.
that
11it Mr.
A I wasn't
he was going
fatlrnr
there
!3ir,
you wclre not mad Vihen
kilJ.ed?
ti1ey were there
fro:r-1 ·.rhere yo
much,
that
were anybody
A
you?
XQ
I don't
think
from t}1e :9orch,
ri~11t
t1rn road.
twenty-five
they
feet
coulcl have
of where
seen
me for
vines.
XQ vrnether
calling
distance
excited
I did
XQ
Plank
around
on the porch;
sitting
the
all
You 11ad obsei~ved
XQ
out
remark,
in f:!'or.t of your
people
thinl(
hadn't
you struc
you· i;rere in d3_nger of being
thougr:t
don't
you say that
did
that
yes_, sir,
1
XQ
him,
him.
-rith
th~t
langua 6 e you used
a bit
down tov1ards
:::>tall
co.ming in contact
But the
XQ
I 1.vanted. him to know
A
when I went
th them or ariything
of ever
I h:i'i no idea
corm:.'lenced?
they
if
not
could
he had gotten
think
And he had had
abo1t
an equal
as he carne over
A I don't
know :Thether
strength
,J"itho
were within
on top o:r. you?
A
easy
I was so
it.
or block
and bodily
you or not they
see
op:portuni ty to pick
the
lumber
he dicl or not,
pile
or
up a board
as you did,
didn
I
t_ he?
he had enough muscle
t it.
XQ You say you vere defending
yourself'
and that
he was strik-
�.
l
,, •
\
�•
T
....
--220--
ing you
3.Jl tr1e time
and yet
you ha_ t.irne to pick
throv1 it
and to piclc up a boarr:,
say I
I didn't
picked
it
he
If
at you until
rns pursuing
the
mustn't
and out
you?
I t4.idn 't
A
I don't
up --
roc!t
very
between
know whether
moment he f'irst
h in dovm,
those
times
them up
picked
road
the
him and knocked
and board
in the
You thre':7 the
XQ
you 1mtst
some'!lhere,
Between
A
struck
the
pile
somew. ere.
before
you left
the
lumber
pile?
I do not know.
A
I
rock
You much have
you?
lumber
did.rt
it
you .from
moment you hit
pick en_up the
have
Ificked
rtidn 't
and
up.
XQ
of
say whether
too,
up a rock
XQ
You don't
XQ
The fact
t you?
u:;_Jat
another
but
don't
I
no; no,
A
you stop
A
i8 you threw
Did you pick
XQ
or did
re1:iember?
rock
before
the
rock
and picl'
the
A
recollect
k
I didn't
O'!l.
say I did.
Lou Isaacs
you,
hit
sir.
the
time?
I don't
and the
rock
said
I
where
I
board
up at
sar e time,
one tir.'le and pick •~the board
I IllaY have
picked
up at the
it
thrown
up at,
a ~tick
that
or rock
what I :=;aid,
is
air.
You don't
XQ
know whether
A I know I wasn't
me until
vre got
XQ At
but
with
hurt,
dir
XQ
being
the
11
1
the
off
up in the
the
rod
of iron
t you?
A
you with
-- you got
Yes,
as easily
this
poker,--
not
aw2y from him and didn't
I ran
sir,
wl1en he had no iron
or once?
pile.
he got after
time
down twice
pavement from the time he got after
lumber
coulcln 't you jnst
hurt,
you sto~pAd
away fro1
have run
or sticl<.
in his
poker
get
him.
array :fro 1 him,
hand?
A
without
How is
thatl
XQ
street,
coulcln 't you
j 1.st as easily
wht:n he had no rod
A
I was getting
of
iron
run away :from him,
or anything
away ±...rom him as fast
in his
in that
hand
as I coulc1-, sir.
at
all?
I
�,,
''
....
I•
1
1
.
'~
�--2?.l--
XQ Vell,
licks
the
only
ras the
he gave you
here
Places,
other
ani here,
Two places
XQ
on the
these
are
goirG
UJ
·JO
her,
A Yes,
th on tJ1u ri~h
he knock
me over
has
s the
been
couple
pile?
These
of
a foot
high,
XQ
the
picture
9.!1
tannery,
said
the
the
A
Yes,sir.
A
A I Raid he
lutber
pile,
Knocked
as this
lit
~otten,I
It
did
rne over
in
.le pile?
imagi1e
correctly
a foot
03.r.e out
It
repre::ient,
a lu .. ber
high.
of where
they
o:f lur:1ber in the
was a )ile
A
--
uas not really
about
it
It
A
fo
1
}.Jictur13s)
stuff',
t13.t
.1a" it?
had been
o:f b Jing
sense
of scrap
luuber
about
:rnlJ. as I recollect.
1
say
th:it
about
knocked
I don't
ground.
vmsn 't a PiltJ
when yo·.1 m de this
rem:irl<. to
:::.;_vin.~ knoc1(. n h__..11 oitt
that
out
Isa_.cs
of him,
you thought
o:f him you expressed
A
of these?
not :;ct.sta}rnn.
al!
pile?
and I have
1
XQ And. though
put
d e_very where
·=i.go?
you a .ros~
(exl1ioiting
it
you thought
breat_
i:" I
·t:::. n of t e trash?
co
Plank,
You
of' yours
from
of rronths
a room:
a pile
a1
Bo h
si:c.
110 11v high
Sor:1e person
repairing
A
sir.
awhile
lunber
A .:_Jile of ref'use
A
XQ
the
aero.
-...vay; yes,
tht:
tllt":) breast
Yes,
A
pile,
you flat
Abo·1t
do they,
lumber
e knocknrl
XQ
XQ
Two
A
ana. the
lower
face?
rl.mr1 by any
in~ :l.bo 1t that
'!hen you say
a staggering
the
vras it?
one on the
siri.e on your
ev Jn knocked
ue aero ss the
XQ
mouth,
from
paveaent.
You. s8..id not
knocked
9erson
sir.
'.XQ You vrere knockert. <lo'.7n?
xq
on your
thand
He hit
You ~-!ere not
XQ
plac:J
on your
on ymu· r.1onth,
lip?
on r y face.
the
as left
that.
(indicating).
there
up9er-
Anet
XQ
scar
it
of that
had be ,n just
or
something
tnose
brother-in-law
kno~ker'l. down and
of the
kind?
you hari only knocked.
1)y sayi
g you
kno1.7 .vh eth __,rI saicL that
the
~nocken_ hell
or not.
men about
A
Yes, sir.
bre' th
out
of him"?
I may il!tR!i.or I
��--222--
may not.
I wont
say
Yee" or
uo
11
11
XQ Mr. Lee ask,3d you whether
escg_pe.
He did
tlrn other
did
not
hir.1 to
tell
kl1G'7
that
there
I walked
over
Loewner
You
says,
asked
and
to co:11e rlo'1n and.
sir.
lines
running
A Yes,
all
over
I never
sir.
over
I walked
cOLtnties,
travelled
over
all
there,
RocJringl1am co,mty
tried
crying
and the
and adjoin-
have you not?
XQ And you kne,_,-.,t1J.at telephone
adjoining
counties,
was the f9.ct
only
After
A
run
that
your
al-1 over
Rockingham
yes, sir.
A
tl1ing
he hart talrnn
that
on one occasion?
the
lines
you?
didn't
XQ Did you sg_y th.at
it
at
time.
the
Isaacs
there
there.
telephone
tried.
·
to
bar!<, shed.
A Yes,
counties?
I never
that
somebocy
along?
:rere
to be over
as Hr.
to get
1
adjoining
all.
XQ You have
ing
sir,
at
was getti1~
Hockingha..rn and the
away at
of trying
come u:9 f:ro .. t:1ere,
you how Isaacs
to get
you ha __ any idea
:9roperty,
send word baclc to yo 1 --
XQ You
all
tannery
Yes,
A
You did
XQ
and nervous.
ask you how you happened
end of the
go there?
I was excited
11•
you had against
buclc-board
we made up over
the
and drove
marriage;
yes,
sir.
XQ, The only
of
the marriage
thing
and the
any ill-:reeling
feel
that
hA.:PPened af'ter
time
that
toward
him at
A
Nev-er had any ill-feeling.
the
of
the buck-board
XQ You never
spoke
XQ Did you have
him at
all
aft er that,
between
he 1.'ias killed,
board?
time
--
'that
·w·as that
all,.
I never
from
the
buck-
s::;>oke to him from
on u:p.
to him?
any reason
except
the
time
you could
he got
A
No, sir.
to have
f'rom the
any bad feeling
buck-board
sir.
XQ Except
the
buck-board?
A
No,
sir.
incident?
against
•
A
No,
��• .
t
--223--
You did
XQ
not?
A
Only when he made that
threat
torrards
my wife.
Then you did
XQ
say you got
he
said
that
that,
llar'I. been
to you by your
to push his
tl1roat,
the
buck-board!
You
did you?
reporter1.
he was going
do;1n her
teeth
fist
or Ro 1ething
r.-1ife, yo
do7:n her
like
throat
that?
tl1a t
say,
l.
or knock her
something
A
to
effect.
XQ
can't
lon,.;, ac:,o
HO'V
that?
'78,S
sometioe
A
l~st
,inter,--
I
recollect.
Sornetiue
XQ
I don't
know,
XQ
remark
that
XQ
either,
last
vint,er?
To th
A
you 1:muld have
Well,
of
knowledge
L
--
been
all
time?
of' t11is
her
ask
the
make <::hort :mrk of both
hirn.; I
your
Did yo1
_top speaking
question
unans'.7ered.
Rinter,
to her
buck-board?
7,rou tlli
spending
you m·::2.''li~
tho
I ,1oulcl have hit
A
on ~ood termR 'Ti th
Objection;
I will
wife
to him.
you had. not
!:le Lou had taken
eve:r caught
best
to you by your
done v1hat?
done something
during
XQ
·J
ex1.ctly.
When th3. t vras reiJorted.
would have
beca
mad about
It
XQ
l1ave so1tlethi1 e; besides
: d.irl you tell
any of' your
of
them?
1
your
oney for
A No, siree,
sister,
Isaacs
if
yo~1
yo·.i . oulr1
I positively
did
not.
XQ
XQ
as that
You did
not
tell
her
anytr1ing
o she 18 mistaken
to her?
A
when she
No, sir,
I never
A No, siree.
111<:o tllat?
says you ma e any such re1:iark
m'1_de any sue!'
remark
as that
to her.
XQ
firm
When ,-;as it
of Hirsch
Brothers
you bou'-"ht out your
or
in your
1
sis .,.n~'s interest
other's
estFi te?
Objection;
overruled;
accused.
A
that
Indeed,
I don I t know,
lrinri of' business.
sir.
I never
My f. V 1 er
arn'l. Leon
in t11e
excB.!?°tion for
attended
attended
to
t}1at.
'1HY
of
�,.
�,
',
♦
--224--
. XQ We' 1, about
XQ,
Mr.
I
Well,
about
ho:1 long
ar;o?
lonz
af·ter
how
A Not so lon~ ago •
tho ma.rriage
of' yOl r sister
and
Sr '.lCS?
exc8ption
Exception;
overruled;
cused.
A Indeed., I cs.nnot
don't
tell
nari qo arlfully
thinl::. it
XQ Hov1 lonii have
been
, ian 't
it?
Bet 1een t
.wont
say for
sure
about
(exhibitin
of nw jndgue
kno
m2rried?
A
three
and
10
I don't
ac-
years,
1t I
11.
think
I
about
t.1U"e
but
I believe,
I
that.
you Rtruclc
XQ A:fter
To tl1e beat
long.
they
year
board
·o t.
for
Isaacs
what
t,oard.}
and knoclc.ed him ct.own ,.,i +,h this
you rlo then?
did
A
m_lk ed rl_o·:1
n
I
17
to th.e stable.
XQ You t .1.rnP'i rig_ t a·,7ay from where
d0'".'11 to
tl1u
A:ft er I got
st!1ble,
you?
did
array a fe··-1 feet
After
A
went on a ·1ay do'.':n to the
XQ You then
a 7c'lY a fff:;
I got
fa th er vras t
rey
and 1.valked
he was laying
feet
--
~re at him.
1
stable?
Ye
A
aft er I Gaw him there.
XQ Yott hav'n't
the
last
hel:Ped.
up
the
six
seven years?
or
to lift
a thing
street;
sonet.
--
XQ Durin
counties
sir,
here,
I went on the
by 0onvey:1.n, e my father
XQ
•¥"hat markets
v1agon a1 d rode
t.
t e stable
at
u- iR
mostly.
and Ileon
would
t 1inlc I h'.lve
011 the
~otten
in
and dealing
in cattle
Pir.
throngl·.
tr·1in
at all
I (ton 't
sir,
you have gone around.
time
and out
business
dray
have
1q
been
A Yes,
th.at
0
lil· ·; t
has
you s2y?
A No,
I might
in~
XQ Your business
a1rt horses,
any in the
helJed
to surrounding
buying
county,
Wi1enever ac long
rnnt
1
1i th
you go to?
horses?
trips
A
':;ere
Ho,
ta_·fm
t.11em.
staunt.on,
A
'/ood.stock,
Lexington.
XQ And yo
the
here;
pike?
A
would bring
I
and brought
':'lO'J.lrl
then
hire
those
3.
horses
rr.an to ride
from Y/ood.stock
2.nr_
on
down to Harrisonburg
t
em,--
to bring
Ne~naa.rket on the
the1ii
train.
��'
♦
r
•
..
"
.
--225--
man, or a very
XQ You say you · ave. been a sick
the
last
ci~ht
yes,
Mr. Hirsch?
Yes,
A
sir.
Have you SIJent as nuch as a vr8ek in bed at a1
XQ
the
or ten years,
last
t·.70 years?
I have
A
spent
three
man, :ror
sick
or fotn·
tine
within
days at
a tirne,
sir.
You hav 'n' t
XQ
any time
)een in bed as nmcI1 as three
in the
last
twelve
XQ Befo_e
this
difficulty,
XQ
V11en vas that?
at my house
or four
months?
Yes,
A
I mean?
A
In
on German street.
days
or four
1
sir.
Yes,
A
may, I 1,7as sick
sir.
three
And I was sick
a t ir.1e I thi1 J( •
...
XQ You 7.rere ic c once at home
days at
or four
0..9. s
own at my house
three
at
A I 1,vas sick
at my house
XQ •rna t ·vas in H-=ty?
'3.Til'i
once at yo 1 tr house?
in May.
A I was sick
three
or four
days dovm
at father's.
XQ You vrere
sick
three
or :four days
I c:111't
been a day more or a dg_y less.
XQ Your physical
your
concUtion
you were put
A
I
and weight
clon I t und.erstand
the
on the
your
days.
co1@are wi h
A How is t11at?
in jail?
cond.i t ion now, your
XQ Ho:1 do es your
·with your condition
recollect
now, how d.oes that
cow.it.ion
before
A May have
each time?
weight
and all,
conpare
day you '.vere 1,ut in j .- il?
quest ion yet.
ho
XQ I mean,
"
is your
a8 to yo11r boay,and
a great
deal
now, as compared
in jail?
in jail,
A No, Air.
ancl Rone three
A
years
condition
105 pounds
back I weighed.
uore.
sir.
A
Well,
XQ Are you as strong
in jail?
with your
I weighed
or four
XQ Are you as 77ell 8.S when you were
XQ Yes,
ano. condition
and gener·-11 appearance
everything,
tl1e day you were put
when I v,as put
weight
confinement
I
am almost
and as stout
'NO
ld naturally
.. t in jail?
as ·i1ell,
I
A now?
must say.
now as when you
make a
I
ere
an rnaker.
put
�')
.
'
♦
'
;.
I
�,..
'
:
--226--
XQ so,
put
if
A
in jail?
XQ Yo1
never
have
any thing,
ave
7eighed
the
lately
a lit-f.:.l,
of weight,
you f~llen
off
1.ny falling
small
space
not been
you have
::!
XQ Treating
not
I am ,mabl9
enougr1 for
sir.
I have
:fallen
to
off' any,
ans~-rer that
you to notice,
:Clt
all.
01~
question.
if' tllere
L1. there
has
is a
to i::•-:.lk.
11ad. a doctor
been
A
flesh?
A I c·:i.nnot ans-:;er
and no Plac
XQ You have
since
A
~ny?
off?
as when you ,,,ere
I was arrested.
as you c::i.n see you have
has
as stout
,,-reake:r in my lit:1b'3; yes,
s:J.r.-:ea.:ount
since
not
XQ So far
XQ There
been
I get
you are
in jail?
you for
attending
A Yes,
yo
~ir,
indigestion?
anrJ. givinz;
1
you medicine
a 11 along;.
A Yes,
sir,
and heart
trouble.
Wi tne
'J'3
Here
the
THIS BEIHG
introd.nced,
tliereu_1on
part,
the
defense
defendant,
commonweal th,
introducec~
to
stanri
anicle.
rested.
1
O:F
THE EVIDEHCE introd.uced,
the
by
told
the
to maintain
to f'urther
foliho'ring
testimony,
the
or offe::::'•.:.ld.to be
issue
rraintain
in reb
the
ttal:
upon his
issue
Part,
upon
its
�..
..
.
�...
'
--22'1--
WEB l.iCGLAUGH!.iIH,recalled
by
and examined.
:or
Comr:1onve9.lth
tne
Mr. c onrad:
Q
Isaacs,
have
Hr.
cGlaughlin,
state
after
is
he
hs.r.:l said
or not Leon Hirsch
'lhether
been hit,
Mox Hirsch
butting
al'klYS
that
th1.m said,
in?
A
he had
he ought
Th'.lt is
hit
to
'.'!hat he Raid.,
air.
Q
He made that
state11ent?
WitncsR
tol<i. to
MRS. BUREGUARD DOVEL,
Q
L vlwig
Lrs.
Dov8l,
I
did
afte.e
YeR, sir.
stanr'l. aside.
rec,1llad
H1,. Isa:ic9
COltLon l .al th:
ccmrar:l t'or
by Mr.
i1ar:1. been
did you see
hit,
Mr.
c'licl he aP:pear to cor,1e?
and :from what d.iroction
Hirsch,
A
A
--
MR. SIPE:
I th ink that •· '3.8 all covered.
by tl1e exan in:1tion in cl1ief ,-- what
sll\3 3T,r an,-1 1.1ho she qaw.
I think. the
exaw~nation
wil 1 disclose
that very
question;
I 1. Jan to say, its 9ur~)ort.
I think
:rebuttal.
it
We save
the
TH~ COllli{T:
in
11R. SIPE:
Q
well,
comin..., around
of
the
he 3.p ear
off
corner A of water
';'!here
the
r::.id.
to come from?
street.
is a proper
point.
A
I
Had any person
A
I did.
t.1 ... n.irr1ction
Came from
been --
Did you hear
any person
call
A
daughter
Q
corner?
Q
saw him
stable.
Q
Q
question
see ~:rho it
Could you
Julia.
She ran
No~7, at
A
that
I had
out
rms?
A
I am sure
and hollared
tir e, where
it
"Oh, PaPa,
him?
I did.
1.7aFihis
Papa.
yo"..tn,.:.est
11
he came arounrt the
crossing.
to the ~ij~t\~~.
done gone up saxt:na u~~~:1~J
You had walked
up --
A
were Jou
To the
~
then
n~-
cros
ing.
�..
�• ,
r
...
Q
That
rs.
.Iyers
1
crossi1
g that
A Yes,
?
You had start
'
across
the
to Urs.
sir;
eel on that
you ar~
Q
Ancl ho',7 old
Q
were
Well,
r.
to
hen?
A
goine;
Rir,
you?
:ii th llrs.
·."i~I't:
the
aside.
corner
daug:ter'?
Yes,
A
there
on the
c or ier of' · a.ter
r.
IRaacs
.ms hit?
night
L ::.~.wi.._.,
Hirsch
sir.
streets,
of water
A Yes,
at any point
there?
(lO''lll
Yes,
A
13.t the time you sa
y ·
hi .. so:me v1ater.
Thirteen.
A
Dovel
the
''Jent to 11r.
comr.1011-:;,calth by }-r. Coi1rad:
of German and Water
Near
Hirsch's
Yes,
.1r. Geor1ie Logan's
Ir=Jaacs was knocked
corner
Q
for
did you see Hr.
WheI•e
Q
the
you
are
anr'l Gerr:ian street
1
A
croRsini?
to stand.
told
LOGAN, examined
Q, Nellie,
Q
house
home.
started
some one to bring
for
Witness
NELLIE
Hirsc1
Uye:::s.
and he called
Isaacs,
after
I had
f_om the
rhen he came up vrhere dicl he go
Q
street
corues across
7
him?
at i,!r.
ir nedia t ely
sir.
A
Hirsch'
we were near
r-:1
ho,;.se.
and German streets?
house.
Where did Mr. Hirsch
Q
ca'IIle from up water
And he
Q
street
uent
OR0S'3-EX
ome fro n ·1nrl.. '7here
and he went
to Mr. Isaacs?
to Mr.
A
r'!.id
e g~?
A
Isaacs.
Yes,
i:;ir.
'UHA'l1ION BY MR. LEE:
XQ
Litt.le
Lacly,
did you see
XQ
Wl1ere had you been?
any part
of
tlie
f,;i..ght?
A
No,
oir.
..
street
sir.
apiece
XQ
XQ
We had
been
down North
Gern1an
•
And in which
Ludv,ig Hirsch?
A
A
direction
•..e e yo
were going
Who was with
you?
6 0
south.
A
Mrs.
Dovel.
ing '::h n you r et .•r.
He
��.. .
,,
...
--229--
Mrs.
XQ
Dovel \7as ·,i th yo·t
Yes,
A
A
Hoy; f'ar
XQ
You •1ere three
I
her
in
of her
up to
rrny
feet,
corner?
the
near
along
t
she passed
the Hirsch
l)y
a piece.
but
three
feet.
you vmre practically
tos;ether?
you w·ith "her lhen
s porch
hen
I expect
A
:Jhe ·.1ere ·.-:alkinc;
V re
Dovel
front?
1
XQ
Hir8ch
Hrs.
rms in front
I
XQ
you and
11 the
sir.
XQ were yo,1 with
house?
~
Yes,
A
s11e stop::_'.ied at
e cornei .. of
the
with
ir.
the
corner
porch?
her,
A
of' H:r.
not
I did
see
stop.
stop?
XQ Yon oJ.1 not see her
XQ Did you hear
any rock
XQ
Dicln I t see anything
XQ
And you vrnre with
thrown
of it
Lirs.
there?
Dovel?
A
si1 ...
Ho,
Yes,
A
corner.
} o., sir.
A
all?
at
on to the
I walked
A
sir.
DIRECT EXAMIHATION HESUMEL BY vi}{. CONRAD:
THE COUHT: '!here was r.
when you saw hir1?
...
· I':;?UE~s:
He passed
me at
Ludwig
the
Hirsch
corner.
THE COUH.T: At tne corner?
WITHE ss:
Q
Vlhat were you n.oing
at the
Yes,
s.:..r.
corne:r
at
"":.hat tir:1e?
Objection
bee· t~·e ~oing into exar:1in·1tion
in chief;
ove1 ..rt.tled;
exc~i::,tion .1oted
:for tl1 e ac~ l.lsed.
Q
what
Had you stopped
were
you doin
0
'3.t the
':l.t the
or yrnre you going
corner,
time
he cg_,e around
the
I
was
going
across
the
t,
stre
THE co RT:
over
to Mrs.
noted
You say he passed
Of Genaan
for
,1yers corner.
you at
corner?
WITNESS:
or
corner?
Objection;ov~r:i:-tlled;exception
accused.
A
on,
and Water
streets.
the
��--230--
Did you see hir.1 before
THE COURT:
he r;ot
to you?
V!ITHESS:
~ir
Yes,
water
I
1
street
sa
him co 1ing UP
stable.
1
from the
MH. SIPE:
What .1:r. Hirscl1
BY MR. SIPE:
WITNESS:
Hr. Lud.wig Hirsch.
XQ
You kno·,y Mr. Ludwit:; Hirsch
XQ
How near
XQ
HO'/
d.o yo·i live
far?
the
Ye~,
sir.
XQ
She
as crossing
XQ
Did Mrs.
there
about
Sh
XQ
BY MR.
the
Dovel
street
after
"Ji
say anything
continued
High street.
. arm springs
road?
sl.
you cro::isA<t the
th you?
:1.long ·.:i th
Yes,
A
to you at all
or · ny rl.isturbn.nce?
any fight
ju8t
Yes,
·ri th 11rs. Dovel
A
on south
foundry.
WITNESS:
You continued
live
I
sir.
P.,.AHH.IS: Out on the
'R.
XQ
Yes,
A
A
to him?
Passed
A
well?
that?
was
A
sir.
as you uent
along
not hear
A I did
ou?
street?
Yes,
her.
sir.
JO RAD:
Q
there
When did
you first
kno"!1 that
manknocked
had been a
there
hac: belm a fight,
d.ov;n?
Objection;overruled;exception
accuse •
That
A
I heard
the
is
the
Q
When you lookeri
:first
lick
I looked
and
around
for
when I heard
around
uhere
v,as
r.
A
Hew as in th_e road.
Q
He ·r s in
t
1e
road,
but
You say you he rd the
in the road,
the
l.i.c - •
Isaacs?
standing
up,
or lying
Objection;overruled;exception
ac,.."<-lSed..
Isaacs
the
I kne,,, of it.
Objection; over:r·ulec~; exce:)tion
accused.
Q
that
lick
at what place
and looked
on the road?
for
dmm,
for
the
r how?
the
ar01. nd. anrl sai:1 l'r.
A
I didn't
see
�\
�--231--
him rigltt
turned
at _i_st
b0c':i.n.::;e I cti1n't
look
in the
road v1hen I first
around.
THE COU".rlT: was he on his
.f·eet
or on the
ground?
On the
WITNESS:
standing
ground.
Q
Was l1e laying
A
vrnen I looken. at hi.. he was laying
Q
Did you see Mox Hirsch?
dO''m or
up when you saw him?
do';7n.
sir,
A Yes,
sa">:1hir. after
he
walkeci. a·;my fror:1 him.
How long
Q
from him?
after
you heard
few saconda, I don't
tolci. to stand
HARYHOLLAR,
Q Mrs. Hollar,
and
of
Hr.
live
difficulty
Snell
lived?
crosq
direct
i
It
A
Yes,
Q
1
'.1as, but It
see 1.iox walk a•1ay
wasn't
bnt
a
in
C011ll:10nweal
th by Hr.
the
e locate
you,
the 'hou!'rn just
gir,
A Yes,
I
I live
on the west
:practic
Rirte.
:fOl"
let
across.
the bridge
Q
exqmined
just
this
rig11t
it
dicl you
expect.
\fltnass
time
licK
I can~1ot <1'.:lYho1 long
A
1 RS.
thiR
side
you ~ere
where
north
of them,
in the
first
of the
street.
..:illy opi)osite
~t the
r.
Isaacs
I don't
ho v=.:eafte,~
vrhere Lr.
from
livin~
opposite
live
com~ad:
Isa1.cs
you
lived?
sir.
Vhat first
any difficulty
d:re•.', yo tr 3.ttention
01.t ":.here?
Q
Whex-e aere
you at
Q
From there,
thei,
A
fact
that
there
113.s
I hd'.lrd 1:1as tl1e licl<..
First
that
to the
tit e?
A
I rras
sitting
on my :rront
Porch.
mediately
gate
I met her
where Mr. Isaacs
mine.
did
up and nent u:p t e str8::,t
nd there
Q
7here
1.rs.
~o?
yo
as :far as Mrs. Rosan erger
coming out and we walked. strai~ht
I
s
out to
was in the road.
Rosenb ere;er
lives
A
In
the hous~ rie;h t next
to
�.,
l
.
' •
...
'
�• •
r
.-,.
--232-Q
The one immediately
south
Q
That ho 1se is about
op:posi te
A
Yes,
front
and. cane up the pavement
gate
where Isaacs
berger
Isaacs
live,
too?
reached
as far
A
He came after
Q
A:f ter
as l rs.
went where?
Hirsch
there
gotten
Rosenberger'
Right
A
when you alL
or dirl he come after
there
ann_ walked. out to
straight
·n the roa.
lay
Had Hr. Lud'lliS
Q
the
now, you got up froD yo,:tr porch
te and she c·ime out anc. you both
across
rhere
sir,
Yes,
sir.
Q \V/ell,
your
A
of yours?
go
I
you reached
yo•t reached
Rosen-
Mrs.
th
e?
there.
A
there?
Yes,
sir,
after
I ~eache~
Mr. Isaacs.
CROSS-EXAHINATION
BY MR. LEB:
/hen you got
XQ
do?
A
you say anyti.1ing?
he v,as?
A
No, sir.
lyin.;
was and s~e said
M~. Isaacs.
You just
XQ
A
XQ Did you
No,
A
XQ
I
see
sir,
not tqke
not
vras on the
XQ
thing.
A
around
Just
Art
'va11~cd Ul) there
her what man it
to
help
him at
at
thn. t time?
time.
r Hirsc;h
at
that
tir=ie?
there,
st~naing
BY the
id.evralk.
say ar~'t11ing.
a little
time
r8YS
from him.
we ":7alked up she
'!Ialk.
sirle
What
of Urs.
hi1..
at all.
of l1i.
hi!n at that
see
her
XQ Where wa8 she?
on the
Rosenberge:r
and I asked
holrl.
at
i'l you
him or to see how badly
of M • Mox Hirsch
anything
I noticed
She was stan .ing
look
at him and r.18.de no ef':'ort
see anythin::;
sir,
and
I rt.icln 't
r::ir,
to help
he road,
rlid
I did
Did you
A Yes,
in
looked
Wo, sir,
Uo,
Me and Mr-s.
and seen the ma
all?
A
Did you malrn any effort
XQ
there
stanrl
vi1,. t
rms lying,
Isaacs
.fr.
do 'J.11Yt.1i1g but
dirln't
I
XQ Did
hurt
to where
1
,as
. Frightened
she rl.oing?
likrJ
tn,
A
rest
I don't
of us.
think
she
:1as doing
any-
s
�.,
j
f
•
�.. .
•
•
'
f
--233--
XQ Did you see a~rthing
was there
XQ
forwqrds
What ~as 9he doing?
been
so f
Mr.
1.r
a minute
you zot
there
oa ,k 7Rrds
V/alki!1J;
·ms it
Hr. Albert
that
and
got
or tv;o.
or se-Jonrls?
A
Not much uore
than
think
I
it
might
He ..rasn't
that.
belo1rr ne.
Who got
Hirsch
got
XQ
UJ
Hr.
there
there
first,
Hirsch
e;ot there
Lr. Isaacs'
and picked
XQ
up his
XQ
may hava
or
. r.
Why,
A
Hirsch?
first?
A
Yes,
sir,
he ran
and
head.
first
see Mr. Hirsch?
When he ran uP
A
head.
Did you
from his
Albert
Hr.
-fi_ st:
XQ When di~ yo,
ing
seen.
all
Do you mean minutes
XQ
picked
she
sie,
Few mirru.tes.
A
have
after
Mothing.
A
I
sidewalk,
XQ Ho·v long
XQ
Yes,
A
Isaacs?
too.
on the
there?
of Mrs.
·rhere he ca !le f'rom?
see
A
Came as if
he -raA com-
home.
Ii.1 other
i70rds
come right
he came right
across
the
c:;treet,
across
but
the
A He
street?
if he did
he ran
to Hr.
I sac1cs.
XQ How near
Lud,·,ri~ Hirsch?
A
was he to 14r.I Raacs'
I may have
XQ I:: you only
sa
ho'.'/ do you know in what
come by me.
XQ
of
I
I
Sa'lC
him
ri thin
direction
vas sta. cling most
You did not
the body?
;1
seen-him
A
see him until
Ho,
sir.
I said
body bt;fore
t 1;:o or tl re~ :feet.
tv10 or three
he cqme?
to Isaacs'
A
feet
of the
I kno•7 h.e ct.ir'ln 't
t.m or three
he came up and almost
TOLD TO STAND ASID~.
bo ·
body.
he got ·.vithin
s head up.
1/ITHESS
you sa v Mr.
feet
grabbed
.Jr.
�.
..
'
\
�,
♦
--234--
:r.rns.ROSJI!NBEHGER,examined.
Q
speak
I believe
the
for
Co:rnr::onw,_;al
th by Fr.
A Yes,
a Gerr an ladY?
you are
onrad:
I can't
sir,
English.
Q
You live
in tJ1 e
A
Yes,
Q
And you vrere living
A
Yes,
~ir.
Q
That
is
A
Rig11t acroGq.
Q
You are
10
.tse right
to v,. ere
next
Hrs.
Hollar
lives?
sir.
establishment
just
there
across
the
rrife
on East
the
tiH1e Mr. I s3.-1.cr-i11as killed?
the
street
of l.:r.
l. arket
at
f'".rom where
Rosenber
·er
Mr. Isaacs
has
v1}10
lived?
a tayloring
street?
A Yes,
sir,
I was at ho:e.
Q
HO'!J
the
ro
the
kitchen.
Q
calltY-1.
a.id you i'ir st f incl there
A
d there?
Little
I was in the
You vmre out
in your
ou?
sir.
A
Yes,
She ,ms o 1 tl1e f.i.ont
Q
~
Isaacs
Q
1hen yo
Q
fou found
i.
the
Mr. Isaacs
Q You came out
tne
tine
an1 c3.lled
of the
the
Llt3
in
fro1.
tir:1.e.
y01u· little
you?
A
girl
Yes,
sir.
from
t e 1<.itchen
Yes,
sir.
roac.
ki ten.en?
in the
middle
the
front
porch
to the
front
gate?
onto
A
of the
from
road?
the
A
kitchen?
Yes,sir.
A
Yee,
fr ..rnt porch.
Q And f~o~ t1ere
the
middle
ty
me, called
'/hen I came out
A
c3.me o t from
thi
at
Porch
any rtifficul
called
at
kitchen
10n you cru e ott
Hr.
first
kitchen
Q
I found
sir,
girl
h:i.d been
A Yes,
ca1. e fir~t
o
:rro nt yard.
Q And went out
Q
Did you
she came with
see
me.
to the
anything
front
gate?
of Mrs.
Hollar
A Yes,
tJ1ere
sir.
then?
A
Yes,
�r
•
�.
'
'
--235--
/here
Q
the
did. you ~o from your
1
midclle
of the
road
gate?
A
I cane
and saw Hr. I sg,acR laying
straisl1t
dov1n
in the mi cue of
the road.
Q
straight
over
to Isaacs
A
Yes,
Q
Do you kno
Q
Did he get
there
or after?
A
laying
in the r:1iddle of the
ro...,c.?
the
A
sir,
Hr. Lur."."rig Hirsch,
1
olcl gentleman?
Yes,
sir.
got
hold
there
of Hr. Isaacs
1
to Isaacs
Uo, YJhen I
was sitting
at
I c·rnrn out
cari e I found
and Ers.
Hollar
·.rr. Hirsch
llar:
o Isaacs'
body
Mr. Ludwig Hirsch
A
the J.1P.ad of Mr. Isa3.cs.
He was out
Q
yo
head.
!hen you came out
Q
body before
there
I :found both
when you reached
r:ien fir
l1ir.n?
Yes,
A
sir,
wl1en
st.
If I underst·1nd
the 'ili tness
I arn tal-ce1 by s tr1Jrise,
but I will
ask it aca-.Ln to be sure.
MR. CO!~RAD:
Q On account
get
clear
of the
just
gate
of your
trouble
what you have
you then
in speakin;;
to say,
went v,rhere?
now.
went
A
English
I.want
fhen you got
straight
to
outside
in the
middle
of' the road.
Q
•ras Hr.
Isaacs'
body laying
or up the r oac: or rloi:711 tl1e roac?
right
straie;.
Right
A
t ii
f'ront
of yo tr gate
at my gate
to the
of my gate.
To the right
•
to·,73.rr'l.s the corner?
o:f your
Q
Q
Was it
up towar 1ts the
A
right
No, his
Q
Ti1at still
U:P in the
in front
corner
Q
~ate,
feet
do you r1ean it was lyin~
middle
of your
or rra, it
was to !tr.
of' the
1,7as it
lyin..:, do,m toT1ards the
bridie?
1
this
road.
bony,
Is!lacs
gate;
up
side,
lying
the head v1as to my
side.
not
asking
don't
1.i'Thatposit
tell
ion his
I
e rrhat I am triJing
body
~as in,
to get at.
but whereabouts
I a~.
in the
�'
.
•
�)
• .
'
r
..
'
--231::i--
\
road
was his
body lying,
,,,as it
or vrns it up tl1e hill
you came out,
of your
in front
rig11t
f'ro1:1 your
as
gate,
A It
gate?
Wa8 UP
the hil 1 more.
Q
Up towards
t11e corner?
Up to
A
tl1e corner.
JUROR: Up towarcJ.8 th.e corner
says.
Q
to get
When you came out
to the
Q
was lyinG?
from your
you had to turn
gate
that
A Yes,
bocty?
How f'ar
of your
she
up that
way
way from me.
do you tl1ink
gate·
more,
was that
it
his
body
About how f'ar?
THE COURT: Couldn't
she identify
position
by that
photograph?
the
MR. CONRAD: I rlon 't know whetl1er
her house sets bacl(.
she can,
THE COUHT: Let me ask a question.
Do
you live in the house next to the
brirlge.
Mrs. Hollar
lives
there,
and you live
next to virs. Hollar?
IITUESS:
Ye8,
sir.
THE COURT: Who lives
of you?
WI'flfTilSS :
Mrs.
Clatch
in the
ey.
in the
THE: COURT: w110 lives
Mrs.
front
is
Row, here
a Picture;
of your house;
came out of' that
there
gate?
Mrs.
A
Yes,
gate
You went up tl1e })aven ent?
Q
To where
bodv
Mr. I !3aacs
wasn't
sir.
j;o your
yard
tl'1a t runs
there.
You
of the road
and
so up
there?
on the
I
body
A
Yes,
7as lyir1g?
pavement
it
sir ..
A
was in the
Yes,
mid.dle
sir.
You came out on the
pavement
Mr.
o:f the
road.
Q
in
pavement.
Q
Isaacs'
house,
sir.
Q Did you go out in the middle
A I went up the
M1ters; yes,
1 s tlle pavement
t~1is
is the
next
Myers?
WITNRSS:
Q
south
house
and went up to where Mr.
�• I
)
♦ ..
':
f.
r
'ft,
r
�.. .
.
...
I
Isaaco
body was,
you got up to it?
Mr. Hirsch
by his
Yes,
A
I will
Q
question
No"7, did Hr. Hirsch,
was he tl1ere
sir.
Yes,
When I came I found
body you fo l.11d} r.
Hrs.
a9k
Rosenberger
minutes
got
there
ago,
after
in
she did
not,
in answer
that
rooi.l
ere,
say that
nhe got
p•oper
t.}
to Isaacs
got
is
all
conl<l say.
I
Q
or whether
say when I came oat
I
A
first
you ca1.1e out,
I
don't
I
Q
Hollar
~"Till
Q
Mrs.
Didn't
Hollar
Q
Hollar
that
time.
in the room there
--
didn't
I ask yo,
Mr. L 1dwig Hirsch
got
:t r.
with
~O'J.ll".
Hirsch
say more than
'18.Y anything
the
junt
a fel'l
vrhcther
yo
1
to l1im first?
I :=macs.
That
I saw. ·
more tll3.n what you saw?
me j mt
a fe1.': minu.tes
a
0
0
A
--
Mrs.
you.
you tell
told
me the
sane
thing?
A I rridn' t say anyt11.ing,
you.
'.fhich 3ot
lvrs.
he can ask her
I can do.
you tell
tell
Didn't
couldn't
•:rant yo,_t to
A That 1s all
I
Hr.
Does your Honor thinl<: that is
to be asked of hi~ own witness?
Did I asK yo·J.., or did I not,
go, before
to
there.
HE COUHT: I think
question.
minutus
Ludwig Hirsch
if'
MH. SIPE:
Q
1
,Ir. Isaacs
with
sir.
five
Hirsch
Ludwig
ri~ht.
side.
1
there?
-A
/hen you got up to the
Q
that
r.rJ. :rou
Mr. Ludwig Hirsch
old Mr. Hirsch,
boc'.Y before
if I underst·
there
car.le aft-er
itness
first?
A
I think
I got there
me.
I don I t reme1uber which
told
to stand
aside.
first
and
was coming n.t
�,
..
~
~
•;
1j
�.
,'
--238-MEL o:
court ao.j ourned
o'clock.
un ti 1 Friday
norning,
9:30
MR. COi'JRAD: I am through
for
the
.,or.r:0111:1e3.ltl1, <,ir.
THIS BEI TG ALL OF THE TE.STI1101n introduced,
on behalf
introduced,,
on its
beh;:.1.lf, in rebuttal,
follov,ing
Dovel
father's
the
kil:i.in
call
for
yo
1
thereupon
on his
HIRSCH, for
Mrs.
Q
CO!D!.onue'll t 1, to
behalf,
the
r,iaintain
defe idant,
introduced,
the
to be
if3sue
to further
in snrrebnttal,
the
testimony:
JULIA
not
issne
the
aintain
your
of the
or offered
the
stated
resirtence
of Hr.
6
your
defense:
on yesterdaY
on the
Isaacs,
A No,
d.id that?
by Mr. Harris:
t:1at
evening
she heard
"Papa,
father,
examined
of t
11hile
1e
you run
29th
:passing
of July,
do•:m the
:Pa:Pa, come here."
sir,
ql1e nas
state
after
street
and
;7hether
or
I dirl not.
CROSS-EXAHINATIOH BY MR. COHRAD:
XQ
tions
Your
of your
tii. e, have
XQ
rBlations
sister
they
Lessie,
not?
You live
to Mr. Isaacs
A
in the
have
Yes,
hone
::i.nd his
been
e1.tirely
of your
fathe1·
You are
Hirsch?
\VITHESS:
tol~
to
ann. the
f'rienrUy
rela-
for
Pone
sir.
l R. HARRIS:
Witness
wife,
tand
Yes,
sir ..
aside.
and 1Iox?
a sister
A
Yes, qir.
of' 1.1r. - ox
�•.
.
♦. I
I•
�And this
on behalf
the
Court
Bills
of Exception
after
argument
dered
their
for
by the
court,
to se
aside
ne
trial
no.
introduced
and
of murder
punishment
nine
the
jury
of the
as is
eet
out
4 and No. 5, and th reupon,
second
confinement
by counsel,
(in
degree
and
in the penthereon
moved the
and grant
addition
:No. 1,
had ren-
judgment
of the jury
the verdict
of Exce tion
the jury
and before
ed,
accu
fter
in the
at
years,
u on the ground
BillR
i
eviderce
the
of counsel,
his
itentiary
the
instructed
verdict
ascertained
all
Commonweal th and on behalf
of the
accused,
being
court
hi
to those
a
set
forth
o. 2, No. 3, No. 4 and lW 5.
sai c. v rdi ct
th t the
evidence,
vas contrary
to the law and the
he curt
which motion WJCI overruled
and refused
to
set
aside
said
to which
ruling
excepts
and
ray o the
the
the
--nee
a'"'~
_ signed,
his
Bill
evidence
all
and the
the
sealed
.i.id
a ne
the
accu
of Exception
sealed,
enrolled
setforth
Cour~ certified
enrolled
this
for
-----Judge of t e
--ki
ngha
"
is
going
trial.
<" ri
day
tr_e
dn.y c re
and,
adduced
t after
:z JJ..A/-z;:._~
.._
ed
which
the
the
adduced
trial,
ro. 6,
of the record,
d t1.i n thirty
OU
Court
herei nbefor
evidence
and
accused
1e
of the
m_:.1,ybe man<> a part
done,
r'
this
t
sat:1e may be signed,
with
triaL
and grant
and judgment
and tenders
togrther
at
verdict
the
�l
�.
'
:o.
InstruC'tion
T. e Court
degree
is any
afo::-e:hou~ht.
:t
,,.der in t e
1
instructs
illful,
I 11 other
S":l
the
deliberate,
I!nl:rder
--·
ju..,..y that
n :rder in trA
pTemedi~ated
than
.
der
~ith malice
killing
in trie
firP t deere
ond. deg!'ee.
{,
I
iJ
:i''Lst
is
�',
''
. '
~
1
�Instruct
The Court
and ~~emeditated
deliherato
intention
prior
killing
"B:RG.
to kill
should
to the actual
ohe'tl.l ci
instruc"ts
cone into
or an,
Wr-i ht
I
time
the jury
killing,
it
for
reviousl.
.
---
t at to C'onsti t te ·villf'ul,
it
is not necessary
for 9.ny particular
exist
killing;
existence
ion _ro.
length
that
of time
is ~aT~ha~~
the
irst
tine
the
intention
at t.10 time of
uch
�'¥:,
.
l
•'
',
.
'
�' .
Instruction
The Cou:rt instructs
unlawful
implied.
consists
the
sudeen
kill
tng oJ' another
~he difference
in this,
heat
that
of
the
No.
that
the jury
'Hi
thout
betTreen
the
rnanslangh'ter,
passions,
--·
malice,
crimes
manslaughter
either
exp:tess
of murder
whe:re voluntary,
murder
from
the
is the
or
and mal'l.S.langhter
arises
icked_ness
from
of
the
heart.
i
,
�.
'
�Jo.
InstT1ction
The Cou:.rt instructs
is the unlawf
plicd.,
co bat.
1 killing
upon a s 1.ddcr. h,,
the
of another
~·
.
,a
'?tM"-
jury
that
•:ithout
'.!.'-'~•Jcnable
voluntary
malice,
:provocation
r1anslaughter
~~
actu&l or im')T
in 1mt al
�!
•
�'T'he Cont
instru:~ts
the j Y.'Y th·.t
homicide
on the ground
t at it
1.iras
:r.lUst te
ehoi:m th.2.t t0e
accused,
at
t:be deceased,
was acting
irnmL_ent danger
that
it
"'as
of death
necessary
orde:r
to avoid
minent
to the
death
or great
tre
i
tbe
time
bodily
in self
defence,
he rausea.
belief
that
of
he 1.ivas in
or--ceesed,
accusP-d to strike
the
f=.tal
bodily
wa
qpparently
harm 1rhich
it
e death
t
harm from the
a
tloTI
and
in
im-
accused.
·upon to justify
p::risoner'
ornmittcd.
a reasonable
o:r great
fo:r the
Ar..d th.e Court
relied
under
in o:r·der to j1rntLiy
the
killing
s own misconduct
I
the jury
inst"ucts
:f'urt1er
of ano
:U-C
tat
the necessity
must not arise
A-<!-Cl~--;J
/h
o t of
�r
•
�,
.•
Instruction
The CouJ.'t instructs
and J.nsu.fficient
No.
the jury
provocation,
if
---·
that
in all
it may be reasonably
the weapon made use of, or the manner of using
circ1unstance,
bodily
like
harm,
the Darty
such honicide
intended
will
manner as if no yrovocation
murder
va.,
that
in the first
281-286).
degree.
cases
it,
of insult
inferred
from
or from any
merely to do some great
be murder in the second degree,
had been given,
( see Mc. Daniell
in
but not a case of
v ,.'. commonwealth,
77
��.,',
t
Instruction
The Court instructs
excited
by an insult
of :redress,
mental
was not
fE.culties
was about,
kills
and after
that
by
either
stitutes
murder
I Leigh,
598 ) •
by
said
whe:re a person,
so de}Jri ved of his
understand
whom he had been insulted
that
deeree.
tough
f'or which he had the right
causes,
not distinctly
he had gi1en
any man of s1,irit
in the fist
that
blow,
of these
he could
the person
and that
the jury
and by a severe
he had done so,
he deserved
no. ---·
what he
and struck
the decea ed what
ould no the like,
(See Commonwealth vs.
it
conJoneB,
7
�',
♦
I
'·1
�...
j
Inr",rn
'I'
given,
slayer,
facie
r
.e Cou:rt instr
ith
a deadly
,·ithout
a •;ill:f
a y,
1cts
weapon
the
j
in the
or upon very
1 and premeditated
cused the necessity
t ion
of proving
">lo.
y that
l)revious
... e:.1 a mortal
·)ossession
slight
_;:rovocation,
killing
and t ro~:s
extenuating
,I
j
1
h
-,n,v;
I
of the
it
is prir:ia
:pon t e ac-
circumstances
• Jo
·01md is
•
�' 1/,
I
�t
¥
I
'
..
RGI ~IA.
IN THE CI
C IT
COUR'l' OF RO CKil1GHA!, CO lI':Y •
.s~
-t:re'±"~M:.., ~l.':3.:lli!,
1909,
--------))
roNWEALT OF VIRGINIA
C
vs
)
:HAXIMILI.An
BILL
OF EX.Cb>PTION
NO. 5.
H RSCH.
------------------j
Be it
case
t ...e introduction
and after
on behalf
the
of
accused,
the
t e Court
trial
the
ertain
of this
testimony
and on behalf
of
he
irstructions
to grant
the
en er d by tho accused
as
inclu
d
ed tr ...e Court
and pra
to N.,
tende
upon the
of all
com"l.onwealth
accuse
instruction,
A
remembe ed that
to
saict , whi c
are
lettered
as follows:
ive,
A.
The Court
i
presumed
beyond
to be innocent
all
reasonable
of innocence
case
ingtructs
follows
and applies
at
beyond
11 rea~onabl
tertain~
reasonable
the jury
until
doubt,
his
accused
thr
every
stage
thereof
doubt
of
is
find
the
accused
and it
not guilty.
the
duty
is
if
accus
ptio
1
entire
reraoved
the jury
en-
of the accused,
.i
cf •he
d
established
presw
until
he guilt
doubt
the
u.ghout the
therefore,
to establish
decisive
t .is
the
or of any f ""ct necessary
is
guilt
and tl:at
doubt;
that
·uil t,,
SU
ury
to
ch
�I
¥,
l
�.'
'
B.
The Court
whole
evidence
in
tructs
in the
pothesis
consistent
homicide
was excusable
the
case
with
jury
that
there
the
the
if
upon the
is any rational
conclusion
accused
t e
that
cannot
hy-
be convicted
of any offence.
c.
The Court
the jury
is rne nt such a substantial
doubt
the
instructs
evidence,
:prudence
of average
a matter
or lack
doubt
by reasonable
growing
as would
of evidence,
to hesitate
involving
that
out
cause
a man
and be uncertain
the graver
transacticns
of
about
of life.
D.
The Court
entertain
instructs
a r .asonable
or the
defendant
flict
·hich
death,
it
is
of the
defendant
the
deceased
the
first
doubt
was the
ensued
the
duty
that
as
to whether
original
aggressor
and in which
their
jury
to solve
ar d to consider
1as the original
the
if
tr!e deceased
in the
deaeased
such
the
case
con-
met his
doubt
aggressor
they
in favor
just
as though
and committed
assault.
E.
The Court
shall
telie
and killed
that
he was
handn
of
for
the jury
the
ve f om the
evidence
the deceased
under
in danger
of serious
fue deceased,
thou h such
instructs
danger
in tnis
then
that
jury
the
bodily
is
if
struck
apprehension
at the
har
he vas excusable
not whether
the~
defendant
a reasonable
may have been unreal.
casa
that
in so acing,
The question
the
taking
of
�' .
�the
life
but
whether
which
of
the
deceased
might
have
the
accused,
under
all
he found
believed
himself
did
and
action
which
order
to
it
believe
serious
avoided,
by
migp.t reasonably
death
bodily
ely
circumstances
necessary
in ' the
sa
the
surrounded,
resulted
avoid
been
to use
of
the
have
the
defensive
assailant
in
harm.
F.
The
although
and
of
may believe
they
on the
defendant,
i nsul tine
the
was
justify
the
or
and
excuse
defendant,
that
in
the
nor
that
evidence
t~at
the
of
the
tragedy,
used
rude
or
about
the
little
such
rude
and
insulting
to
the
any way,
jury
the
the
de ceased
did
the
from
to,
communicated
def en dan t,
instructs
afternoon
language
deceased,
language
:x~tt
Court
deceased,
this
in making
use
of
deprive
such
him
chi lo.
did
not
upon
an assault
language
of his
by the
right
of
self
defense.
G.
If
that
on
on the
one
burg,
able
r:-ian
force
,er,
then
by
such
harm;
self-defer:tse,
excusable
guilty.
of
public
was
said
and
and
and
defendant
force
as
if
there
had
in
his
his
assail;,_
the
jury
the
the
and peace-
right
by
to
of
the
the
repell
reason
to
from
own protection
find
defernmt
Town of Harrison-
and had
t was lcilled,
slould
last,
ev ide:nce
assaulted
exercise
the
the
in a lawful
he believed,
for
I
29th
-O'f the
r'.imself
then
from
the
July
conducting
and
believe
streets
was necessary
believe,
bodily
the
was
deceased,
r qq:ii1
jury
afternoon
of
and
the
this
rigr>.t
such
killing
defendant
not
serious
of
was
v.a.aa
�I
•
If,
I
�I
' 'I,
.
l
I
'
.
'.
"
.
H.
The Court
the,
may believe
feeling
an
the
deceased,
1hile
the
streets
in the
in
between
deferdant
still,
that
the
the
had
if
the
they
uttered
the
vocation
although
that
there
was
the
then
must
against
from
the
the
evidence
y and peaceably
the
act
by him,
upon
and
of
be referred
received
ill-
defendant,
he was assaulted
deceased,
blov,
believe
was lawful
neceased
of the
and
threats
furthe
defendant
y the
striki
that,
de ceased
of Harrisonburg,
face
jur
f o.n t:1.e evidence
existing
tat
instructs
the
to
defendant
the
rather
struck
pro-
thR.n t
the
I.
The Court
believe
29th
fro.n
day of
peaceably
and
evidence,
that
uly
last,
accused
upon
ri
struck
ht
order
use
to
repell
believe
the
assault
the
face
by the
force
such
but
as
W"'S
that
a piece
suddenly
harm,
and unintentionally
used
force
than
but
by him for
an'
harm
without
or
involuntary
_produce
the
sole
pur
any intention
death,
then
the
manslaughter.
ose
there
assaulted
he had a
And should
the
repelling
not
that
more
such
cause
force
his
him seri
would
n
attack
previously
serious
therewith
further
such
a blow
or
in
jur
up by him while
of repelling
killing
Town of
necessary
death
to
y and
then
continued,
not
of the
reasonabl..e,.
in
picked
would
was necessary,
and
of plank,
hLn was being
ordinarily
the
they
if
evenin
deceased,
attack.
evidence
that
was lawful
of
he was then
used
upon
streets
that
such
defendant
the
jury
on the
and
fro .. the
poseeasion,
the
one of
in
to
the
the
Harrisonburg,
...
instructs
only
in his
'the
from
vhich
bodily
or
reater
was used
assailant
us
bodily
be
�.·'
...
,·
...
�J.
The Court
io the
manslaughter
heat
instructs
of blood,
the
intP.ntional
upon
strong
jury
that
killing
voluntary
of another
provocation
in
and without
malice.
K.
The Court
they
may
believe
while
engaged
struck
Mrn.
either
purposely
that
fact,
innocence
from
in
the
a personal
combat
w · th
Hirsch,
who had
or accidently,
fact
it
th
jury
that
~ ..\,."-·\\.~
of
the
evidence
JW~ta:.
if
instructs
be,
in
defendant
in
run
they
that
the
defendant,
the
deceased,
between
are
determining
this
although
ther.i.,
not
to
consider
the
guilt
or
case.
L.
The
whether
or
not
reasonable
bodil
ourt
and
haracter
consider
all
cy the
evi r,ence,
to
defendant
the
that
in weighing
of his
the
the
aefendant
the
apprehension
harr,
and
instructs
acts
facts
and
as they
9.t the
struck
the
he was
in
and
at
jury
that
danger
tLne,
!!lay rea
onably
he struck
the
they
a
natur£·
should
as
disclosed
have
the
under
of serious
determining
that
determining
deceased
circumstances,
ti.rn
in
appeared
blow.
M.
The Court
burden
of proof
defense,
that
whether
offered
the
he
minds
struck
instructs
rests
burden
upon
has
by him or
of
the
jury
in
self-defenoe
the
a person
been
the
borne
that
while
the
:plea.din-.:,
self-
whenever
the
evidence,
creates
in
Commonwealth,
a reasonable
or
jury
douot
otherwise.
as
to whe~her
�t
•
J
�...
''
N.
The Court
all
of
the
easonable
fatal
doubt
to whether
as
some other
in favor
as prayed
for
b
Instructions
A.
it
of the
accused.
thereupon,
14,
15,
T
is
accused:,
n.
inclusive,
as tendered;
gave
to the
16 and 17,
they
if
defendant
their
struck
bodily
inst
ms
harm,
or
such
the
as aforesaid,
the
he
to solve
to instruct
jury
in the
granted
Instructions
E;_,G•;
and
and modified
jury
a
that
duty
but
upon
entertain
serious
refused
the
A to
C. and F.,
or
reaso
Court
that
apprehension
of death
But the
jury
the
a. reasonable
da rger
the
case
in this
in irn ni nent
doubt
cts
evidence
blow under
for
instr
uctions
Hos.
I.;
12,
and,
13,
as follows:
12.
The Co rt
is presumed
beyond
all
follows
all
the
every
a reasonable
or of any fact
is
the
reasonable
entertain
doubt
at
decisive
accused
until
d~ubt,
reasonable
and applies
beyond
the
to be innocent
of innocence
case
instructs
not guilty.
that
is
this
if
of the guilt
to establish
dut
established
the
until
therefore,
accused
presuro
throughout
thereof
iA the
the
guilt
and that
stage
doubt
and it
his
accused
doubt;
necessary
jury
of the
entire
removed
the
oft
his
tion
jury
e accused,
::,uilt,
jury
such
to find
�T
•
�f
•
The Court
doubt
instructs
the Jury
is meant such a substantiai
or lack
that
doubt growing
by
reasonab1e
out of the evidence,
as would cause a man of average
of evidence,
itate
and be uncertain
tions
of 1.ife.
about a matter
involving
prudence
the graver
to hes-
traneac-
1.4.
If the Jury believe
accused
that
struck
and killed
he was in danger
deceased
andthat
own protection
it
appeared
cusable
of serious
that
the
under& reasonable
belief
harm at the hands ot the
bodily
was necessary
for him to use such means for his
or serious
the circmnstances
to the accused,
such belief
the deceased
from death
ion of the Jury,
from the evidence
bodily
existing
were reasonably
harm, a.nd, in the opin•
at the t~ne,
eufficient
in the mind of the prisoner,
then
as they
to produce
the prisoner
was ex-
in so doing,
uestion
for
the
deceased
might
accused,
under all
surrounded,
believed
thoug such danger may have been unrea1.
The
not
Jury
i /whether
the taking of the life of the
in fact
have been safely
the ci cumstances
by
as shown by the evidence,
it necessary
and did believe
which resulted
in the death
seriu•
harm.
bodily
avoided,
but whether
the
which he found himself
might have reasonably
have
to use the defensive
action
of the assailant
in order
to avoid
15.
The Court
believefrom
instructs
the evidencethat
the Jury
that
the defendant,
although
they may
of
on the afternoon
I
the tragedy,
child
used rudeand
of the deceased,
communicated
insulting
and that
to the deceased,
language
to,
or about
such rude and insulting
this
did not justify
the little
language
or excuse
the
was
��deceased
did
in making
an assault
aneu
the use of such
way,
deprive
upon the
him of the
e by the
right
defendant,
nor
defendant,
in any
of self-defense.
16.
If
on the
the jury
afternoon
streets
and vms conducting
of
hi,nself
nd was then
from thf
29th,last,
of July
one of the nublic
manner,
believe
evidence
the
that
defendant
was on
the Town of Harrisonburg,
in a lawful
and ther.
and peace
assaulted
ble
de-
by the
then the defendant
had the ri. ht to repell
~t/k
~
by fa.iae,e euoh as under the circumstances
then
ce:',lsed,
force
existing,
a
n cessa:y
for
harm;
they
his
excusable
to the accused,
h · s own protection
and if,
defense,
appeared
in the
exercise
assailant
and the jury
was re
fro::n serious
of this
bodily
right
of self-
was killed,
such killin
should
the
find
sonably
0
accused
was
not
guilty.
17.
The Court
the jury
believe
f on the evidence
that
of July
last,
got
deceased
testion
the
accused
in which
it
reat
bodil
bodily
har
used
a piece
his
possession,
but
suddenly
trary
then
manner of its
likely
use,
to any reasonable
the killing
would
Involunt
a difficulty
ith
or his
to produce
the
in the
of plank,
picked
only
the
ov n prodecei1sed
course
or
of
in
up by hiill 1 a blow
dea'th,
for
be involuntar
ry manslaughter
29th
not previously
and frorr1 wh· ch it
exp ctation
they
of the
, and that
difficulty
the
into
if
evening
harm to kill
said
from which was not
on the
that
as not necessar
from serious
to do hi;rt
..
instructs
consideramg
would be condeath
to result,
"anslaug
is a. lcillinD'
1ter.
ontr
r
�(
•'
�to intention,
death,
able
with
an instrument
or from which
expectation
it
for
would
death
not
likely
to produce
be contrar
to result,
to any reason.;.
in sudden
heat
I
of :passion.
and refused,
K. L.
in
toto,
Instructions
. and N. to which
to grant
theinstructions
follows
E. G. and I.
5 may be
of the
of
:prayed
for
to grant
as tendered
and each of them,
excepts
action
the
in refusing
Court
by the
J•
B.D.H.
accused,
as
B. D. H. J. K. L. M. and IT., and each of
:
them and in refusin
them,
numbered
and prays
that
signed,
sealed
record
which
day of October,1909r~nd
adj ourrnnent
of
said
Instructions
by the
the
this
accused
accused,
and enrolled,
Court.
of Exception
done,
hirty
days
this
the-~~·~-
_oext
J
a,
J&jp_,4
of the Circuit
Court
Judge
Rockingham
~o.
and made a part
is accordingly
within
and modifyir~
by counsel,
Bill
his
numbered
County,Virginia.
from
Seal.
of
/,1
the
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OURT OF ROCKINGl
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------·-- -- ----
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COUNTY•
... .
COMLONW'EALH OF VIRGINIA.
vs
:
••
l4AXI!ilLIANHI SC'.
••
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_..., ..."'
BE IT RKMEKBERED
that
ali
after
on behali"
prayed
of the testimony
of the accused
the Court
first
degree
ing
the
ith
is any
malice
on the ttial.
on behal
the jury
instructs
the Connnonweai
chat murder
the jury
All
aforethought.
ca.ee
as follows:
deJ.iberate
ilfuJ.l,
of this
of the Commonwealth and
had been introduced,
to instruct
The Court
:BILL OF EXCEPTION
and pram ditated
other
murder
in tile
kill•
is murder
in
second degree.
Every
to b
elevate
urder
unlawful
in the second
the offense
homicide
agree.
to murder
If
in the first
the characteristic•
of the offense;
reduce
the burden
the offense,
is
presumed b
the
Commonwealth would
degree,
she must prove
and if the prisoner
of pro
the la
r is on him..
would
��-2
The Court
deliberate
wilful.
that
l,ngth
if
to kill
such intention
instr
it
of another
the jury
without
e •Neen
in this,
is not necesso.ry
for any
killine:
existence
to constitut~
it
for
articular
is sufficient
the first
ti. me a.t lhhe
or any time previously.
cts
The difference
consists
killing,
shoul.d exist
come into
tl. e of such killing
killing
that
to tre actual
of time prior
The court
the jury
· nl premeditated
intention
tre
instructs
malice,
either
is unlawful
or imp1ied.
express
the crim s of murder and ma.. slaughter
manslaughter,
that
fro11 a sudden beat
mans aughter
that
of passion,
where voluntary,
ari·es
murder from the wickedn
s
of the re·~rt •
....
-4-
lice
aforethoueht
is any formed
mischief,
whether
arising
from hatred
and revenge
deceased,
or
per.erse
malignity
and depravity
of doing
esign
against
of
heart
in general.
:B!xpress malice
to t--~ke the life
harm,the
intention
stances,
as by
consists
of #,...per
on slain
being
ascertained
l.ying
in a deliberate
purpose
or to do him some bodily
from external
in w~i t • antecedent
menaces,
circumorrner
flu_
grudges,~
a.tt #ndent cir
ns tances,
mplied me,lice is ~ny evil
-2-
&c.
design
in gen ra~-nd
it
�'
.
•'·
----
---
';\
'*~
I
t
�,,.
.
.
.....
means that
the circumstances
bent
regariless
s_ rit,
maliencit
manifest
a wicked,
of social
duty
de rave
nd
and
deliberatel
on mischief.
manslaughter
Voluntary
of another
without
malice,
is the unl~,wfu
express
of implied,
upon a sudden
;,.._
heat
on a reasonable
arising
provocation
illing
u.,
,.
or a:mutal
combat.
-6-
In order
7/uif
it
that
is committed
deceased,
and t_~t
it
a
blow in order
ntly
the jury
killing
to evoid
tre
of another
necessity
relied
must not
The
own misconduct.
that
accused
ise
he was in i
to strike
bodily
the fat~l
harm which was
And the Court
to him.
of the
har:n from the dee ee.ae4,
the accu8ed
or great
death
the de, th
belief
or greu. t bodily
n ces ary for
on the ground
, it must be sho n
1nder a reasonable
of death
innninent
that
defens
homicide
a.t the time he caused
was acting
nin
nt danger
_,
a~rar
in self
accused,
the
to justi:y
further
upon to justify
instructs
the
out of the prisoner's
must .. ot bring
on the difficulty.
-7The court
~ccused
pleads
self
ins true ts
defense,
accused.to
sustain
t the
fon or the Jury.
the jury
the burden
such plea
that
of proof
by evi.den
where the
rests
ce to the
upon
satisfac-
�.
'
�-8-
The Court
is a
uar
tNo
el between
combat as a result
prove
gi,ren,
W"'S
he cold
killed
he declined
further
safety:
and,
reat
bodily
uncter all
a reasonable
necessity
existed
is
one for
un
arrive
ensues,
before
the prisoner
the mortal
combat and retreated
that
blow
as far
as
he necessarily
to preserve
ovm life
his
or save
instructs
the jury
that
there
xu
taking~
the
the question
was ground
life
that
for
a
of the decease
upon the head of the d.ece".sed a he::tvy blow,
the
at
tha
in the min,l of the accused
fr
and
and death
defense
the circumstances,
belief
or of inflicting
ing in fault,
harm.
The Court
whether,
where there
)'\
secondly,
in order
that
Akes place
r:#-~l.J
first,
from
oth
tne"'- killing
the deceased
him~el
rsons,
two things:
with
the jury
of such quurr
in or er to reduce
~ust
instructs
of the jury,
determination
their
conclusion
under all
and
th(
jury
the evidence
are
in the
ce.se.
-10The Co rt
believe
from t e evidence
deceased,
apparently
Louis
Isaacs,
c using
of the accused
could
nstructs
did not
an assa
lt
that
peril
ithout
of a mere indignity
ry from
hich
have been apprehended,
excus
resistance
if
they
was made by the
u_on the accused
or a mere b· tt
not reasonably
s id ~saacs
that
the jury
a weapon and
to the person
great
bodily
such assault
har
by
by the o..ccused to the
�r
•
�extent
of taking
such peril
the life
of the said
Is a.cs,
ould not have been escaped
the ·hnger
to the accused
(See Honesty
vs.
by r'""t- eat
even though
by retreat
or though
wouln. h ve been
Conunonvrn&.lth 81 Va.
increased.
283).
11.
The Court
believe
from the evi~ence
and his
wife
and that
having
cursed
and said
into
Louis
~ile
said
said
accused
a violent
fracturing
fro
asking
struck
with his
and
at her and
that
and that
that
either
was atta~pting
fists,
the
Isaacs
while
the.
struck
followed
ace sed
t.e
combat or
to assault
the accused
accused
or assaulting
said
Isaacs
thereby
of said
Louis
so tht
he died
day of July,
909,
the
he was in im..~ediate
harm from said
Louis
to the accused
an u -riolence
of the
Isa~cs,
ce that
so t:rough
Isaacs
his
weapon,
the skull
of Louis
accused,
concerning
blow on t e head with a deadly
blow was made,
appear
the
struck
Isaacs
29th,1909,
w re then enga ed in mutual
Isaacs
they
if
of July
the accused
chi d, the accused
Isaacs
Louis
tht
the accu ed met Louis
the road and that
on the 30th
f~tal
evide
!sacs
her husband
the accused
tat
her
the jury
on the evening
threw a rock at Louis
then
...
that
on the street
upon Mrs.
thereupon
instructs
danger
Isaacs
nd that
and that
towards
bodi y
a not re~.sonably
nd t~ere
to use
.i:ct u o_ the
lo
and 'f
apprehend
or serious
it
then
he jury
further
s id fata
0
said
Louis
there-
at the time said
did not reasonably
of death
necessary
in inflicting
~lice
ccused
Isaacs
believe
he force
head
from t e
'olow the accused
Isaacs
nd intenQing
id
either
�,.
�,
..
I
, •
,
'
..
♦
'
o
11 or do serious
is guilty
b
iev
ort
of murder
from the
t·
t in
bodily
in the
evidence
nflicting
hann to Isaacs,
second
and premedits.tely
deliber.,tely
you wi l find
t~e accuse
to the
f~ t".l
s i
and if
degree,
in addition
the accused
the jury
m~~ tters
above
blow the accused
killed
guilty
then
the said
of ruraer
set-
wilfully,
Louis
Isaacs,
in the fist
degr1;;:e.
dea· ly we pon is any weapon or instr
A
wh c
is
from
·ts
likely
natur
e manner
and
o produce
of its
ent
se by the accused
death.
-18-
The Court
that
t ...ey are
nor are
they
not
to go beyond
to en terta.in
without
and
substantial
be
doubt
in order
t0 find
and of the
I
be given
doubt
must be b~sed
upon the
n this
to the
evidence
erico.l
to proof
to
it.
It must be serious
::i.rr;tnt an acquittal.
or facts
necessary
f conviction
anr-
It must
for
the
jury
ot of im•
circumstances.
-19nstructs
case,
credibility
essential
,
It must not be an arbitrary
a verdict
The Court
at a verdict
up doubts
chi
of evidence
fact
and nonessential
vi,' ence to hunt
of law
!ls <>re merely
to sustain
of a mat~ri2l
to believe
material
evidence
tter
1
oubts
of ~he accused.
of the guilt
doubt
such
or on the aboence
as a
the jury
the
A reasonable
or conj ectun ..l.
eviuence,
instructs
they
of the
are
the jury
the sole
itnesses
or any part
that
in arriving
judges
of the
and of the weight
of it.
facts
to
When witnesses
��,.
r
•
testify
opposite
weight
to each,
in determining
of v ri
to take
of the case,
to the parties
ship
stand,
their
formation
and all
trial,
as they
to such extent
ruled
the objection
hich
action
of them,
accused
numbered 1 to 11
excepts
which he prays
part
1they
said
inclusive,
i1 granting
incl1sive,
and tenders
this
ma,y be signed,
of the record
merms of inappearing
to the testimony
on
of any
may deem proper
instrumions
objected,
and granted
of the Court
on the witness
thei
of which
by counsel
of them, Numbered 1 to 11,
if
or
proper.
think
To the granting
of them the accused
c:c:£.
bia.s,
circumstances
the circumstance~
relation-
reasonableness
statements,
or deny credit
intereit
Or
feeling
the
the surrounding
as 1 under
witnes
intelligence,
and to give
their
their
and demeanor
of their
they have a
consideration
their
the
to the testimony
they have any,
appearance
apparent
or unreasonableness
into
if
but
to be given
invol,red,
any is shovtn, their
is not bound to regard
balanced,
the weight
s witnesses,
A
in the result
the
as evenly
of the evidence
right
the jury
his
seale
thirty
the Court
instructions
said
to
instrutions
and each
and 18 and 19,
Bill
and enrolled
d
the
of E&ception
done,
Judge
of the
of . ocki righam
No. 4
and made a
th s
s next
over-
and each
and 18 and 19,
which is accordingly
day of October,1909,a.nd
within
adjournment
of said Court.
but
and each
g,fter
aunty,
~ 6~
he
th
SEAL
Gourt
Vi re;inia.
�r
•
..
.
�•
I
•'
r
VIBCI1IA.
IU THE CIR
·rT
COURT OF
O KINGHAM COUll'l'Y.
O',rMOJ.fil.;AL' H OF VIRGDaA.
BILL OF EXCEPTIOl
vs
.i:
MAX Jil,IA
BB IT RE' " BER]
case
and
after
evidence
to
in
the
chief,
·how threats
the
foll
a
in Bill
of I~cention
to
as
of
2.
in
his
v1ere
ap
is
is
I will
Hirsch,
just
to see your
a conv rsation
the r~lations
Hox Hirsch,
in-law
Isaacs,
that
convers
by .J.r. Isaacs
A.
is
tl~e Certificate
the
of
( rirhi ch Bill
made a part
specially
hereof,
m"l.de),:
a.sk yo ,upon the occasion,
~r.
before
hristuas,
11...en ou went
son-ir.-law,
(r. Isaacs,
ou had
wit
1 i1r1 wit:. reference
to
hich exiAted
betleeD
our son
upon the one
and, and
u on the othc , nd ,Lether
in
tion any anintosi ty vrns ex reseed
towards
our son fox ?
s sir.
Just
state
hat that
he said?
'ell,
rent
p --
And thereu
against
a d "t.he follov!ing
hereby
hereb'
tendine
d
To
of Exception
reference
what
A.
from
this
its
a.nd th ,reupon
ropounded
e, rs
of
introduced
accused
C
le.half,
trial
evidence
the
t
No.
·'hich
on th
offered
t e accused
iven,
Evidence,
had
he part
questions
answers
and
and
,ri tncss
v.-ing
that
Co111".Tlonwealth had
or.
decease,
father,
o.
T HI SCH.
on the
place:
-1-
following
convereation
~s,
proceedings
took
��f
•
I object.
after.
l~ffi.COHRAD:
don't
MR. H.AMHER: I am going
upon
THE COUR'.i::
L • HA:
the
my not
threats.
ou are
to lead u:p and sho
part of the deceased.
ask
hlm
if
he ever
threats
heard
any
mn: Your Honor will
recall
that ffr.
Conrad asked 1rs.
Isaacs
abou
the relations
that existed
between her husband and the other m~nbers of the
f 9.TTlily.
''le have a right
to go into
that matter;
it is right
to ask this
question
upon the theory that it will
bevneen
show the feelings
that existed
the deceased
and Mox Hi sch.
THE COURT: The ruli
if there
sustained.
q
is
of the Court to that objection
is
one, is that the objection
Exception
for the
B
know what
noted to ruline
accused.
of Court
MR. SIPE:
Please
state
whether,in
the conversation
to
which ~ou have just
referred,
the deceased
Louis Isaacs
, made
treats
or xpressed
any animosity
towards your son, lox Hirsch,
and, if so, state
what he said?
rn.
COlffiAD:
There
3,re two questions
there and
to either
one of 1,hem, until
the
have made out a pri na facie
case of selfdefense.
I object
We contend
t:i-1a t there
in
evidence
introduced
the witnesses
for the
witnesses
for T.lr. Mox
prima facie
case of s
allow us to introduce
MR. LEE:
T
has been ample
t~ is case, both by
pro ecution
and by the
Hirsch,
to make a
f-defense,
and to
this
evidence.
COURT:
I thi r'{ I will
allow
you to ask
the
question.
,Jow, Mr. Hirsch,
in
ha
Iiffi.
state
what was said
con7ersation?
CONRAD:
SIPE:
pleaoe
You mean communicated
threats?
[y purpose
is to do that.
I am
doing it with t.he best of faith •
asked you whether
he was
• CONRAD: I just
goi rg to testify
to COf'lrnunica.ted or
uncornrnuni nted threats.
�f
..
•
�..
I
, •
• ,
r
2-3
A.
Q..
r.t..ysor-in-law,
Lo Isaacs
two little
girls
--
, had insulted
Tell
was.
what
the
conversation
THE CO R'l':
No; you cannot
tell
the conversation.
If Isaacs
used any
Maximilian
threats
against
Hirsch you can tell
it.
onfine
your answer to that.
A.
Yeo sir;
that night he said
the damn son-of-n.-bitch.
Q.
id you tell
I did sir.
A.
rn.
-ox Hirsch
he would
about
Do I understand
your Honor :to
hold the witness
cannot telate
what passed between himself
and
Mr. Isaacs?
1,E.E:
in chief,but
I think
·ou
the circum-
on Cross-examination
could go into all
stances.
MR. LEE:
No use for us to show the
threat
unless
we can show the
Jur
th
condi i s
er
ich
s made so hey
th
threa
can und rstand
the circumstances.
Viithout stating
anything
as t9
what Mr. Ludwig Hirsch v.rill
testify,
for I do not know that,
suppose that he would testify
on-·n-law,Isaacs,
he went to his
for the purpose
of brirwing
about
a reconciliation,
and, after
that,
had been met
ith that cl1aracter
of response
fro.n Isaacs,
dontt
your Honor think that would be
relevant
testi
ony in chief,
shedditg
light
upon the character
made?
of the threat
'l'HE COURT:
As I understand,there
nothing
I will
because
the
Court
will
circumstances
t e threat
conversation
of that
t~reat
probably
r.
the
but
please
preceded
is
ourt.
don't
not :permit
was nade by
i riedia.tel
by
before
question,
this
ow, Mr. Hirsch,
answered•
what
ask
kill
that?
TEE COURT:rot on exa.'lination
Q..
my
state
it
answer
to be
under
hat
1r. Isaacs,and
the
otatement
Isaacs?
Objection;
sustained;
the accused.
exception
for
it
�,,
f
•
�2-4
'
r
THE CO R11 :I
am .f:Oing to let the witness
ansrnr
that
question,
after
the jur
has
ruled
retired,
for the purpose
of being
on, and
ou c~n nut i~ the record
what
you expect
to prove.
(Jur·
retir
d from
court-room)
:.:r. Hirsch,
if I have used any language
or
expressi
ns in that
question
which you do not
understand,
if you mnt,
I will
explain
it.
I wish you would explain
it, please
sir.
Q,.
When I said
ir-1.nediately
that
"fJ.
e
ad
'p·~ecedinu'
went before
I -n.ean the lan uage
the statement
that
•
A.
On the night that I went up there there
some trouble
between
him and 'Crry _irls.
He
ny girls.
He sa'd he would
.ick rny
insulted
littlPdaughter
- her name is Julia
- he would
That hurt my feelings
kick her out of the house.
very bad.
I ,e nt up there
to see him about
it
and told him, Is
s, "Lou, if --n.y little
children
does
·ou any insult
or does anything
wrong to you,
it is your place
to come tJ Ee and I o~ld co~rect
them riuht
before
your face,
and he says,
"N9, I
•1ill kick then out.
And its
God damn equal
to
you, if you come in my house;
and if that
God damn
fox Hirsch
comes into
ny house
I
son-of-abitch
am gain.., to kill
him.
was
T at
is
t. e l:;i, t ti,ne
Q,.
:vi th
:v1r. Isaacs?
A.
Yes sir.
ou had
conver
any
a ion
THE ORT: We are
not trying
the case now,
Jr.
ipe.
The objection
to the introduction
of this
testimony
is sustained,
and you save th. point
on that rulin~.
,.m. LEE:
the
objected
and
jury,
to which
tain·
to
the
ng the
in
the
that
sealed,
this
the
ruli
:1..;,
objection
refusing
jury,
of which
ourt
to per.nit
refused
and
oduction
1i.n
evid;
and
of
the
enrolled
Bill
accused
the
the
action
the
the
Com'"'lonwealth
objection
and
to
the
eo
ourt
evidence
counsel
:nade a part
the
sus-
aforeoaid,
aforesaid
excepts
and
To. 2 may be
of
to
in
ominornvealth,as
the
by
of
point.
9 : 30 to narrow
ice aforesaid
of Exception
and
until
evidenc
sustained
to permit
his
e we save
Court adjourned
,'lornirw.
"E~m:
to
Of cour
the
record,
to go
pra
s
signed,
which
is
�..
�ac ordi n~l , d ne,
190
of
~• and within
.is
thirty
of October,
the
da
s next
after
the
dj ournnent
s id Court.
EAL
ircuit
Court
the
n. County, Virgini_a.
of
�f
•
�VI GI GA.
IN T IE CI
ClJI 'l' COUR'l' OF ROCKI HGHAM COUH'J'Y.
~:s
,
◄ ALT.
0 1IO /l
1909.
0
IHGI ,IA:
:BILL O}' EXCEP.1.IO I.
VS
MAXIMILIAN
ro.
HIHS CH.
BE IT REME,IBERBD 1;hat
c se,
this
behal
during
of
the
the
of
the
fux
denut:y
Hirech
ing
of
from
the
conversation
chief
the
tha
and had
accused
1·or
a
on b half
he was guarding
o'clock
at
on the
rich
been
time
th
the
after
on
asked
examined
three
of
D.E.Cr ushorn,
, and which
thereupon
in
of
behalf
and
30th,Hl09,
hi
,rial
1.he testino11
recall
previously
two or
with
and
exa:. ined
been
of
the
Co,nrn nweal t
to
sheriffs,
July
tailed;
the
perCTission
who had
cf
delivery
accused,
and obtained
witness
the
or
3.
morn-
he had
i tness
de-
had
been
uitness
cross-examined
touching
said
a
on
conversation,
~t.-.....,;)~
as
appears
"' ill
of
fro
p ion
:E;x
i
which
reference
if
fully
set
to
a question
as
follo~s:
11
the
her
evi df'nce
II b
y
is
forth
ade
hereby
certified
(which
ill
a part
1 ere
specially
herein),
by counsel
as
in
f and. t
made
he witneso,
for
Then he (referring
to
I had been to church';
ep ion
o
, a.s
in
ans re
accused
answered
the accus
he ( ref
d) says:
rr · ng to
th
��•
•
...
f
3 2
accused
exci tea..
now' • "
says:'
I was
And thereupon
propounded
to the
Q.
I wasn't
just
as
the
foll
witness
by
the le st bit
cool as I am just
wing
question
counsel
for
wa
the
accused:
That in, when he came from church and
met these people,
he wao just
as cool
a he was then?
And thereupon
m.
the
CO RAD:
following
colloquy
I object.
hat
ensued:
is
for
wnent.
ar
;"\
THE CO RT:
las
ther
anything
more said?
'-'
I don't
think there was anythi1 g
more that I rec llect
now.
After
him again.
he told me that I cautioned
I didn t want to hear a rything
about
it.
'Don t talk to me about it.
and
"All right".
he aid,
ITrES
And thereupon
-pounded
by counsel
eiven
answers
And that
A.
Yes si
A.
X~•
A.
following
for
the
by the witn
XQ..
XQ..
the
wns the
q estions
accused,
and the
were
pro-
following
ss:
end
of the
c nversation?
.
rha t he did say to you was I He had just
been to church and was coming from church
a11d was l)erfectl
cool at the time?
He says,
'I just
came back from church',
I rasn't
the leas
bit excited.
he says,
I was j u.~t •1.s cool as I am now. '
That is all he said?
That ·s all he said that had any oigificance
at all.
I bel'eve
he did
sa he hadn t t been in n1uch trouble
except a c uple of little
W.'.l.rrnnt trials.
I believe
he ~old me that.
�,
�..
,
r
•
3-3
And thereupon,
t e attorney
wa
for
propounded
Q.
the
to
accused
the
the
following
answer
of which
objected,
but
and permitted
as
is
foil
the
the
Court
overruled
t
itness
th
answe
Courts
witness
to
the
out
action
go to
sarne,
which
action
and
of
accused
the
pounded
as
ness
to
r'lling
and
in
to
sealed
and
the
that
and
to
~v
motion
the
Court
Court
the
in
his
enrolled,
out
aforesaid
the
ill
Court
the
question
t
to answer
strike
the
answer
p r 'li tting
:ro. 3
of Exception
a -part
of
the
objections
be pro-
oa e,
the
and action
ac ...u ed by coun"'
ar,d made
to
o whi nh
overrulin
and
f th
overruled.
witness
ruline
objected
answer
d the
said
strike
evidence,
tr-is
the
and
the
I too'·
rage
was then.
used
it,
I
by co nsel
jury,
to which
question
in
accused
in permittir~
ermitting
refusing
re~1ain
_ rays
of
·he
and per~ttting
aforesaid,
C urt
the
,and
ws:
And thereupon
the
question
question
"In v· ew of the conversation
we had
it to mean that
e meant whe
t e
happened
he was just
as cool as he
I cannot give the lan~uage
w both
but jud ing from
bet,
en ·s there,
took i
that
tha
is ,hat he meant".
to
by
witness:
propounding
by c unsel
bjection
his
cornmonw alth,
examination
The lar~uage
he used about being
cool,
to
when he s'lid he had
what was he referring
jut
com from church
and
as as cool as
to you?
he was at the time he was talking
To the
the
u.pon re-direct
of
f
the
t e vi tsaid
answer
1 excepts,
and
may be r.igned,
r:ecord,
't'hi ch
.
d·
1
"') J..•
1~
19
acc_or _ing Y_ don,
this
he~-day of October,1go9.,
and n thin th1:r-ty says next after
the adj ourr nent of said
Court.
tJ 4 It
________
Judge of the
ingham Count
SEAL
t,=--"-/.:__1/J
,. /~-----
CircuitCourt
, Virginia .•
of Rock-
�r
•
�•
r
"
VIRGINIA.
IN THE CIRCUI'f
COURT OF ROCKINGHAM COUNTY.
1909.
CO:'L'f01RVEALTHOF VIRGINIA
vs
BILL OF EXC."B.'PTION
1"1:AXI
MILI
HIRSCH.
NO.l.
Be it
this
case
and
durirg
of
the
Commanweal th,
behalf
ed as
a witness
sister
accused,
and
evidence
(which
part
its
during
and
her
inquired
been
on bad
ter
that
he was
on bad
d.a
hat
her
the
propounded
reference
Isaacs,
the
the
between
r.!r.
and
~r.
Lee,
UR.
C01 AD:
Conrad,
of
the
counsel
the
the
the
in
#6
is
hereby
specially
the
accused.
deceased,
v: re
the
been
had
the
married.
for
th
i'litness:
on good
with
colloquy
for
a
who stated
from
deceased
following
for
setforth
c unsel
Attorney
the
made
been on good terms
have you? "
n the
a
hereby
sister-in-law
"You say Mox Hirsch
has not
terms with your bro tl er?
Arni:
o sir.
'l'hereupo
Hirsch,
is
whether
terms·with
i 1tro duc-
of Exceptions
theooquestionsto
You have not
the Hirsches,
on
of
as
Bill
on Cross-Examinatior.,
Thereupon,
testi,nony
Arthur
#6
and
of
a sister-in-law
witness
brott.er
trial
Corn.monweal th
~rs.
in
s with
the
the
examination,
to which
of
upon
of
the
behalf
certified
and
that
delivery
of EJ!:ceptions
hereof
accused
the
dec,ascd
as
Bill
made)
in
the
of
the
remembered
any
of
ensued
tl e Commonwealth,
accused:
That is not the question.
This
trial
of the Hirsch
family,but
trial
of ~ox Hirsch.
is
it
not
is
�',
'!
�f
-2-
•
MF. LEE:
I simpl,y want to show the
the witness
to the parties.
THE COUR'.l': I expect
testimony
MR. LEE:
you had
to the
better
accused.
relation
confine
of
the
I want to show the animus.
I will
ask a few
uestions
and let your Honor
rule
them out so I can take an exceptthis
is pertinent
- ion.
I thir~
evidence.
And thereupon
the
following
proceeding
took
place:
XQ.
A.
You married
Yes sir.
a son
of Mr.
XQ,
A.
Vha t is your husband's
Arthur
Hirsch.
XQ.
How long
speaking
Let's
see
before
I
11ss four
A.
XQ..
A.
XQ,.
A.
name?
So you and Mox have not been
terms for about
four years?
Yes, sir.
on
speaking
I am going to ask you if it is not
fact
that
for a long time you have
on speaking
terms with Mox Hirsch's
Mr. Ludwig Hirsch?
Yes sir.
That is
Yes sir.
a fact,
XQ..
You have
him?
Yes sir.
not
too,
been
MR CONRAD:
MR. LEE.
XQ.
Hirsch?
has it been since
you wererDn
terms with MiJx Hirsch?
! He stopped
speaking
to me
went to house-keeping.
That
years
ago last
spring.
X~.
A.
A.
Ludwig
is
it
on speaki
I want
to
I thought
Now, don't
a~swer until
opportunity
to object.
that
for a long time you
sjeaking
terms with you r
Leon Hirsch?
Objection:
for
-2-
also
a
not been
father,
not?
rg
ter
s with
object.
so.
has an
the f ntleman
a fact
Isn tit
have not been on
brother-in-law,
Mr.
sustained;
except~on
the accused.
noted
��2-3
• ,
r
X~.
Isn't
it a fact
that
for a long time you
have not been on speaking
terms with any of your
sisters-in-law,
the daughters
of Mr. Ludwig Hirsch'?
Objection;
sustained;
exception
noted
for the accused.
X~.
Is it not a fact
that
for a number of years
the relations
between
you and all
of the Hirsch's
have been strained
and you have not been on speaking
terms with the family?
Objection;
n~ted
It
designed
the
foregoing
...
the
witness
~e
e"s.:jectioLa
was
not
the
accused;
her
sisters-in-law,
that
beir~
to
a number
and
she
being
not
cluding
the
Ludwig
Commonweal th
aforesaid,
of
the
Court
weal th
fore·
to
or
to
to
signed,
record
said
sisters
the
each
said
to permit
them,
the
accused
his
Bill
day of October,1909
journment
of said
terms
of
with
accused,and
had
been
any
of
the
strained,
them,in-
of
each
to
of
pe
the
the.
it
done,
this
thirt
action
Common-
, hereinbe-
the
by counsel
witness
excepts.
and
l may be
No.
a
answer
and
of
the
as
,
11
to
ruling
objection
of
the
witness
and made
1 and within
Court.
objection
each
of Exception
enrolled,
accordingly
a brother
the
the
the
and
the
is
them,
witness
between
to which
same,
and
with
and
refusing
sealed
of
sustained
in
this
A/
father-in-law.
questions
and
Hirsch,
family
questions,
of
of
of
the
on speaking
terms
her
that
relations
Hirsch
sustaining
enumerated,
which
the
refused
in
the
that
and
court
either
answerrthe
prays
not
of years
the
Leon
was
Hirsch,
and
same,
with
on speaking
answe.rs
question3,~and
she
entire
But
the
terms
that
witness
show by the
exception
.
~ ~ ~ o...,- ~ ~ /
'ig w1'1.ieh wwexe auat-e.1:n~,
on speaking
for
to
7c ~
sustained;
the accused.
for
art
the
days
of
the
i)
/.•lte5-:.y-
next~
vi ?z.~
Judge of the Circuit
Court
Rockingham
County,Virginia.
the
SEAL
of
ad-
��instructs
The Court
beli •':3Vefrorn
a personal
who had
they
!l·rining
co 1bat with
between
run
are
t 11e evide
not
the
to
guilt
1ce that
the
them,
consider
the
j'ul""J that
the
th,t
or i:nnocei10e
struck
th~y
while
def-er.d2.nt,
deceased,
either
althouah
Mrs.
1:1.ey
engaged
Emma Hirsch,
r,u;,· ~o;:;ely or accidentally,
fact,
of the
if
fact
it
defeudo.nt
l:ie:,,, in
in i, his
deter-
case.
in
�' .
�)
The Cot rt
01.~
le a prt:han
iun
and in ~~i~hlnR
acts
at. that
stanc ....s,
:rn.ve a1
to
L
jury
t·· · L he wa:;; in
'the.'
-ci.l1e,
t
tructs
u d det~r
s,::; disclor,~cl
~ared
in
by
ining
shoul.d
t'1
danr~er
the
nat·~~
consider
evidence,
t· e d f ::YJ.ct.R-nt
at
thr t in
the
all
deter~1i;1ing
of serious
ad
the
(
bodily
of his
character
facts
and c.1.rcur.J.-
as t:i1ey may :reaso
ti::'.1e he strt~ck
harr1,
t_.e
a.bl~r
nlow.
�T
•
�•
•
t
Instruction
ins+.ructs
The ., nnrt.
orne
irhenever
Gmnmon1 '8Pl
doubt
th,
as t.o
the
the
evidence,
c-7'.'e3t.es in
whe ➔ her
Fo.
h,
jur!'
th, t
w· 1et.ll13r
r,h i.le
t.l"' bur,ien
o.;•:f~i"'Au '
the min<is o~· ti e jur!'
r-:t.ruc~}: j_n celf
7 hir<1 o:-
of proof"'
V1e
a rea:=rnnable
d~:fenff. ,or
other·;ise.
�•'
;.
t
�• ,
r
Ini=; .ru tion
T:rn C"lnrt
e ri.den
,.J
instrncts
ir:. this
case
ro.
t1;.3 ;j11.ry that
t 1ey ente
tain
if
unon
a rt:i[l~on~hle
low·
ble
ar,prP-:1ension
that
h~ ·•·~s in ir:1'ninent
Be'l'.'ionc-; horl.iJ._r : arm, or for
trJ
solve
si.icl
clrubt
in favot'
some other
o
the
<lanu'ir
re son it
of t: e
all
doubt
no.1::
aA
to
r ") sona-
~
o:f de~ t11 o-i:i~
their
a1:c1ser1.
\
:ut;,r
�,
♦
f
..
•
�r
•
..
wit'
c
-=i
1
ot
ll1;;
eonch1_sion
on,ric.L .,
t'
of
9.·
t: 1 e hc·10cid.e
,as
axcusabJ.e
t e accused
.ny of.fence.
\
�f
•
�' .
C'ourt instructs
Th
a reasona'.le
was th
3
d.oubt
ori, ·ina ..l
th
J
,i ry t?1at. if
:-..S to vih t:-1er the
a:r~ressor
cc,nflict
it.
s1.·c~1 doubt
just
~itted
in :favor
a.S thour-h
~he first
the
deceased
is
assault.
ento:rt2.i':
or the
defendc.nt
wi:.:.ch ensued
t',_3ir
of t'r1e def ~.,..dant ~nd to
deceased
the~'
was th.:: orip-inal
'uty
tu
co,sid.er
aggressor
-nd in
sol re
t:1-.:, case
and. co11.-
�!,
�J'l'f.,.
l
''..
...
fror'1 the
lieve
t· e <.:eceased und,;;:r u rer~:c. <..ble ...
~?
t'i:--;;) 't., v
""i,
•
}1,;"
of serious
bodily
h.r~ a+ the
_ · · ... tl1a-r,
.-,U.t/4
~,t.
of t~e
hands
...c
,,,
deceased,
;'\
xcu..,a'1le
he uas
unr
al.
he
~:-1r::t.akir.c;
Dt_VOided,
so dcL __,, hou51
L
on for
,1 testi
'the
jur~'
of tho-~ ife
o:i: the
whether
t· ..~ accused,
but
in
li3ved
found
: in::-elf
and d.id beliere
v,r"..:..ch result~d
in
serious
h,~r •
bodily
it
f
ecessarJ
t.h.e deat:1. o.
•
211
.l
, !i.r,.
_ l.:t,/ ha-e
casB
r:ri.·ht
under
urrounded~
de.ncer
this
c..~ceased
/
ie
such
is
not wi ti7t.r
·;..ve oe_n
of
t
b en
safely
circuns,.,anc
I'
~
to use
the ao.Jsailant
the
defe11sive
in order
to
action
:1.void
s
��..
,•'
If
public
streets
himself'
t
th-:: jury
ir.
frOL'l
"" lawful
II '/
re:;_ell
7' I
believe,
1):·' t:.e
l,·
cleceased""i
and
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~:.:1- jury
ass ....ilH.nt
/YI,,
f (
killec',,
s::1.ould f inc.. tl:e
O!'l t!·le
conducting
def ..:::ncL.nt h2.cl t "1.·::right
said.
-t;"-
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and had
...t
.,..t.,.-..;t~ v
r~Cl.EO'!to
,v '
0 1,.111 ~
in t·1~ exercise
was
that
and was
'asf11::: h~l:Levcu,
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t:1en
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st..ch force
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defense,
evldence
Ll.9.nner, ::.!1C..
was t11en a 1d
a.nrl ·-eacee.ble
•
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the
thl! '''o-.m of Harcisonourc,
of
}1B:-:.:l asso. ul ted
believe
rot ect
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frou
of t isright
such
dcfe,.cl..,.,nt
ld.lli:::ig
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ot
s er im.,.s
of self-
was exc11s· •1le
:::;1.,.ilty.
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they
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d.e f t:--:cl....u t
i'1
exiEting
evide:·,ce,
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voe a ti on of the
ously
t:.<1..t, although
t:·1t, evide'Y1ce t~rnt t :1.ere was ill-feeling
believ.e
:,nd
th'-'! jur.r
face
,,J low
by
t1c...t w:hile
the
deceased.,
t:"e
def'i.;;.1dant
t:1.-m t:re
ill-feeling.
lawfully
&.ct o:f t.he de-
rec1;i i:red l')y hlr:i., rat~ er t 1ar.. to
0
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the i revi-
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not
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CERTIFICATE
VIRGINIA,
COUNTY
OF
OF COMMITMENT
FOR TRIAL.
ROCKINGHAM---To-w1T:
To the Clerk of the Circuit Court of said County :
I,
.
f If~
~
that I have this day committed
county,
-/#t ...--~
.. ....
the rea;e of said connty, do he.eby ee,·tify
4'-'Y.. .. . ...... .
~
to the jail of ·aid
that he may be tried before the circuit court of said county, for a felony by him committed,
this, that he, on the . ..
:?-l,dcday~➔
~ .. ~•
·--~-,L,UZ,v.lLA
____
~-
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., 190
t ., in
the said county,
~
····-~A/~~~~-"7"
Given under my hand ancl seal, this
day of
in
_/~
.
, 190¥-
k:-/-~---,~~ ..,J.P.
.
[L. S.]
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Instruction
Th
Court
instructs
ed with orim
b yond areas
at every
stag
evidence
in this
their
until
n
,.able
the:r·vof
, and if'
case
, the jury
of the accused
to pr ve
duty
h
to give
him ~ot guilty.
the law pr,sumes
his
guilt
doubt
goes witn the accus d
innocene
tial
that
the jur
to be innocent
Commonwealth
guilt
No.
, after
th
oharge
have a reaso~ahle
th
made against
prisoner
heard
all
of'
and applies
of the
doubt of th;
, or as to any -rac
of th
the
by
case
him in the warrant
the bene it
rson c11arg
presumption
ntir
having
upon the whole case
:p
is estahlish..,d
, and this
through
v ry
d ult
onsen, it
and find
is
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��S, C. 160 1-7-10 500
...
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Qlommnnwealtq
of ]Iirginia,
TO ALL TO WHOM THESE PRESENTS SHALL COME--GREETING:
WHEREAS, a,t a
one thoiisand
Court held in and for the
nine hundred
of
.ot..nt_ •
~,...+---------------------and---...........
was convicted of-~..:..:...--'-J+-.-=-.="-'-'-',._._~,,_..c-_._,_,_..____
and was thereupon
sentenced
to be imprisoned
in the~-n~:t~.n~n~t~·-o_""
....
!J~-------
for the term of--
, and whereas it appears
to the E.-recidive that he is a flt siibject for cleniency,
THEREFORE, I, TV'.;J,J.
HODGES
have, by virtne of aiithority
Jl,fANJV, Governor of the Comrnonwealth
vested in 1ne, pardoned
of 'Virginia.,
and do hereby pardon the said
----""'""""'-'-'-"'-""'-""-=~-=-=---=--=c:..:.=..c-ancl
do order that he be forthwith
from iniprisonment,
discharged
bu,,tupon the tel'ms and co~1,ditions following, namely:
That the said-future
as a good, law-abiding
citi;;en,· clnd if ever again
viola,,tion of the penal laws of the Conimonwealth
he be found
guilty
of a
this pardon sha,ll be null and void.
Given under my hand and under the lesser seal of the Commonwealth. al
Richmond, tliis-
-------,
one tho1:1sandnine hundred an
--,and
in the one hundred and thirty-
-year
the Commonweali')/j~
·~~r//kf///
¼ ~/2
--------
'ht
/
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Witness:
ay of
in the year of our Lord
~ Vo
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�Executed
arresting
Wm. J.
the
the
~ithin
~arrant
within-named
Points,
this
Maximillian
a Justice
of the
Peace
the
3rd
Hirsch,
of August,
day
and bringing
of Rockingham
County,
1909,
him before
Virginia.
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.
for
S. R. C.
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Deputy
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FELONY_
•
VIRGINIA:
Rockingham
County
1 to wit:
I, D. 1-l. LEE
MARTZ,
ef
Clerk
the Circuit
Court
~.~ ..k.,...
£1.....
,{f?__
..~.~ ............................
attended under
Court
ef said
ef
Rockin,Jzam
County,
certify
that
a summons as a witness before tlte Circuit
L~ ................................
Comity,.~.~·········
days at the ....
Term t/1ereef, in lite
~..........., on behalf ef the Commonwealth, in her pros..H.:..~
..~..................
.for felony; said witness also traveled
year one t!tousand 1tine hundred and ....
ecution againstlµ,.~.~
.... : ................................................
'!9t....v........................
/1is place of ab:Jde-from
wludt
_nziles in co1ning to place of trial, and the sante in returning
to
distance so traveled I have deducled ten miles each way. leaving
miles as tlze distance traveled, for wlddt compe11safion is lo be made .
...........................................................
-------=
Ile also paid tolis amo1t1tLing to ...
.....Dollar
and........................................................
Cents,
for w/11d1 alfendq,w:....,mileage and tolls he is entitled to ...........................
~....................
Dollar
....................
~•·················
..·········Cents, payable out.ef!he public treasury.
;{J_
....
f.S?...~ ...............
, taken before me
....
ff?.
......
On !he orrl!t of said ..tr."...f
cerlify, au entry
ef the sum
$7:;;:,,,,~l,anda,
and
and 7flllic/1I hereby
to wlticli he is entitled, and for what, has been made by me iu my effi.ce.
Clerk
~
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11,;,J~k~:i
af,ma;d,
Form-62-Berlin.
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Commonwealth of Virginia,
COUNTY OF ROCKINGHAM, To=wit:
IN THE CIRCUIT COURT OF SAi D COUNTY :
The jurors of the Commonwealth
of Virginia,
and now attending the said Co"" at its.: ....
in and for the borly of the County of Rockingham,
Q(}~············"...
tenn, in the yea. 190/
upon their oaths present that. .......................................................................................................
.
~~~-~~
~
on the .........
::L...<J.
.'.......day of....~···················
..... , in the yea, 100J.,
in the said County,
airl .. :\n .. A. ..ll!1.o.n.. oni=~
...Lou_t..... -::.sa.:1..r:-.s
..t hBn..
...t h.e.r.e.. e _;_n.~.,
...f'e.l.o. i: 1J".l.y , ..
··::lf 1.ll: a::rid of
is m1.li ,e ,g,C•?oretho .~1t, !113 ,..e p.n assault;
A.nd
that the said Maxinillian
Hirsch then and there fe1onio1mlv,
1
ii.fiiru11,f···ana···or···h1s···,iai:ic·e···e-th.:±'·o·relhouiht····11rt····s'trikei···a:rict····heat····the······
said Louis Isaacs
with a heavy ··:>iec of' oak timber i and u:9011 the
h'eact···o1~··
ntm·~·····tne····s·a1a····Lc5u1·s·····rr4aa····s····ana···d·~d····th·en····a:nd·--there·····
·eI6'·::::············
niouslv,
'.'1 ilfully
and of his
malice
~orethoug
t, c·.~,t qnd
upon----th-o·····
round···y ith··--gre-~t·
sqid Louis Isaacs
then and there
krro ·k····tn-e···uaid ..Lo · is-·Tn":l"iCR d01vn·to-·and·
~orce
and violence,
'livine
to the
b-y..•the•••Ba i l· he-at•i· tff ··•and--·str i lcine•··Of ···r_.i:;-1,-•·
·t·h8··Haid·
Louis····I·s-_ ae·A················
in the mqnner and for:n aforeRaid,
a .ortal
stroke,
wound and bruise
i.n .. and.up.o.n. ...the ...head ....o.f...hin, ...th.e ....said.- ·-Louis ..-rsaacs.,., ...of ..mhi~•h ..said···
mortal stroke,
"mund and bruise
ne the said Louis Isqacs, in the County ...af oxe s.a1d 1 .... f.:r.o.-:n
....
the. ...29th ...da.y ...o.f ...,lul, .....in ..·the . .year ...af.ox.es.aid ....t.o..........
.
the '0th dar of July in t~e year afores~i~,
in the Cmmty aforcsqid
~~J9....J.8.}1.K1.-:1.tf3-h
...~D4....
:i..a,,:r,,gg1~h:i.J1g
.. i.<:tJ:i,y$; ...9.IJ...'.Yh.tGh.$E!,J4...3..0.t.h
...Q~Y .....9.f
July in the year 1S09, the
''-/, i.,ouis Is:=tacs in the County afore....()ke and bruise
died. Pnd RO the ·
said of th., said mortal wour
~,;-;;.·nti...-A.,..,.tf"r·;ftA•~;,·
t·he····means··a:for
a..t'oret
o .1
Oh ·t
. .
if6:fi3f.fitT~··to
0
. --::-'-
nd ro, ~
4. td kiil
ht.
. •··
e..1.
...,.. ,
l'I
against the peace a 1 d
c
1
a·igrnty
·
,.
£
o the Commonwealth
·········
..
uuaon
saj
.?.lI
that··th'>saTd······
c.11e 1118.!Iller
and. 'b
.UllV and ·or·;,, .,.. mr-itce ~· ....
.... ·······----···········
of Virginia.
~
~ ..•.........
·_·............
., ..... · · · · · · · · · · · · · · · · · · · · · · ·., · · ....... Clerk.
;::::;.;..--..:.
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C(&c-fliloj"~y/ca-/4/ he,;{/ al
!/4e ~t-~afJ/ ~ak/417? 111,,
IIto Cf€i;~c/
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<tfJt/c~?n-unc-l
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life
2:2....d
-/.9tJ';).
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of ::a.-..cr.:.ilia
i tio1
o .cl su:_)ors eJ.eas
to , .
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felo
it
1y, whereby
:·a.x1nilli
, criIJt
the
O!:lrlOl V:O P
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ill
3e ea.s.
was conri
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,...
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for
by
)Y the
in the
,_ \ rit
of error
';ourt
t} o Circuit;
Vt ob er,
he said
of
19 C , L.
~etitionc1,
.mi cl Court
3tate
of ;:.c j ule;-ue.1t afore.,aiu
. .
o ... 0~11non
that
record
ur · be.ii.~
dot1: ro ··ect
,j,.•.,
ch be confi:ne
1.ir
o: tho
1
::irnch
11 . er. t ren lere
9th
tio .. 1y
.l
a.
for
that
t "iu
e .. i ..c ...t_;_ary for
seen
ant
•
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t. e
i1.:::;::::,octed,
.('
eti tio·
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sLdo. ;r:'..t of error
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If you find
the prisoner
not guilty
If you find
the prisoner
guilty
as charged
degree.but
guilty
and ascertain
degree,or
will
than
the prisoner
second
of murder
degree
which shall
five
years
ment in the Penitentiary
degree
in the first
you will
be confinement
say so
in the
nor more than eighteen
years.
not guil t.r of murder in the first
but guilty
say so and ascertain
degree.
say so and no more.
of murder in the second
not less
ou find
will
not guilt1r
his punishment
Penitentiary
If
the prisoner
say so and no more.
of Murder in the first
in the indictment,you
If 1rou find
you will
of voluntary
his punishment
not less
manslaughter
which shall
than one nor
you
be confine-
more than five
years.
If you find
second
degree
involuntary
ishment
the prisoner
not guilty
nor guilty
of voluntary
manslaughter
which shall
in jail,either
you will
be fine
of murder
in the
manslaughter.but
say so and ascertain
of not less
than
first
or
guilty
his
of'
pun-
5. 00 or confinement
or both.
1
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Dublin Core
The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/.
Title
A name given to the resource
Rockingham County Criminal Court: Criminal Cases
Description
An account of the resource
This series contains all criminal cases heard in Rockingham County from 1820 to 1971. The historical context contained within these records is rich, and one can expect to learn about various aspects concerning the social, cultural, and political climate of the day.
Creator
An entity primarily responsible for making the resource
Rockingham County Criminal Court
Publisher
An entity responsible for making the resource available
JMU Libraries
Date
A point or period of time associated with an event in the lifecycle of the resource
1820-1971; currently digitized: 1820-1930.
Rights
Information about rights held in and over the resource
This work has been identified as being free of known restrictions under copyright law, including all related and neighboring rights.
Format
The file format, physical medium, or dimensions of the resource
PDF
Identifier
An unambiguous reference to the resource within a given context
Ccr001
Text
A resource consisting primarily of words for reading. Examples include books, letters, dissertations, poems, newspapers, articles, archives of mailing lists. Note that facsimiles or images of texts are still of the genre Text.
Dublin Core
The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/.
Date
A point or period of time associated with an event in the lifecycle of the resource
1909
Title
A name given to the resource
Commonwealth v. Maximilian Hirsh
Description
An account of the resource
Defendant charged with felony murder.
Subject
The topic of the resource
Felony
Murder
Creator
An entity primarily responsible for making the resource
Rockingham County Criminal Court
Publisher
An entity responsible for making the resource available
JMU Libraries
Rights
Information about rights held in and over the resource
This work has been identified as being free of known restrictions under copyright law, including all related and neighboring rights.<br /><a href="https://creativecommons.org/publicdomain/mark/1.0/" target="_blank" rel="noreferrer noopener">https://creativecommons.org/publicdomain/mark/1.0/</a>
Contributor
An entity responsible for making contributions to the resource
Jennifer Taylor
Format
The file format, physical medium, or dimensions of the resource
PDF
Identifier
An unambiguous reference to the resource within a given context
CCR001_005_145
Hirsh
Isaacs