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structive notice to those who take a con

(37 R. I. 168) veyance subsequent to such recording. In STATE V. MARIANO. (No. 4634.) support of this contention the respondent (Supreme Court of Rhode Island. July 10, cites cases from Ohio, Kansas, Michigan, Tex

1914.) as, and New York. In only three of these 1. HOMICIDE (8 163*)-EVIDENCE-ADMISSIstates-Kansas, Texas, and Ohio-does the BILITY. statute fix any time for recording. In Kan- fact that the dead boy's anus was found open,

In a prosecution for manslaughter, the sas and Texas the statute provides for re- which in the opinion of the doctors was due to cording "forthwith," and in Ohio within six its having been penetrated by some instrument months. The courts in those states hold that just before or after death, and which one doc

tor stated might have been caused by the comthe later record of the mortgage is a notice mission of the crime of sodomy, was insufficient to parties who may subsequently deal with basis for showing accused's sexual capacity to the property in question.

commit that crime. In Burdick v. Coates, supra, this court held

[Ed, Note.-For other cases, see Homicide, that a chattel mortgage could have no validi- | Cent. Dig. $$ 310-317; Dec. Dig. g 163.*] ty whatever if the mortgagee failed to take 2. WITNESSES ($ 236*)—EXAMINATION-QUES

TIONS. possession of the property or to record his

The allowance of a question which was simmortgage within five days from the date of ply preliminary was not error. the signing thereof, quoting Drew v. Streeter, [Ed. Note. For other cases, see Witnesses, 137 Mass. 460.

Cent. Dig. 88 817-826; Dec. Dig. § 236.*] The conclusions reached by this court in 3. HOMICIDE (8 338*)-APPEAL AND ERROR

HARMLESS ERROR-ADMISSION OF EVIDENCE. Burdick v. Coates, supra, are in accord with

The erroneous admission of evidence of the the decisions of the courts of many other sexual capacity of one accused of manslaughter states. See Sheldon, Adm'r, v. Conner, 48 to commit the crime of sodomy, merely because Me. 584; Kennedy v. Shaw et al., 38 Ind. the boy's anus was found open, which might 474; Simpson v. Harris et al., 21 Nev. 353, crime of sodomy just before or after death, was

have been caused by the commission of the 31 Pac. 1009; Gassner v. Patterson et al., prejudicial to accused, as that crime is disgust23 Cal. 299; Sage v. Browning, 51 Ill. 217; | ing and repulsive and the slayer would be rePeople v. Hamilton et al., 17 Ill. App. 599; garded as a foul degenerate and a wicked and

criminal pervert. Lockwood v. Slevin et al., 26 Ind. 124; Par

(Ed. Note. For other cases, see Homicide, roski v. Goldberg, 80 Wis. 339, 50 N. W. 191; Cent. Dig. $$ 709-713; Dec. Dig. 338.*] Bevans v. Bolton, 31 Mo. 437; Rawlings v. 4. CRIMINAL LAW ($ 404*)—EVIDENCE-DEBean et al., 80 Mo. 614; Garland v. Plummer,

MONSTRATIVE EVIDENCE. 72 Me. 397; Sidener v. Bible, 43 Ind. 230; Demonstrative evidence, such as the skull, McDowell et al. v. Stewart, 83 Ill. 538.

etc., of accused's victim, is relevant and admisThese authorities are equally applicable to sible when it shows the commission of a crime another contention of the respondent that an but, if it explains no fact and is relevant to unrecorded chattel mortgage is valid against no disputed issue, it is excluded on account of a subsequent purchaser with actual knowl- its tendency to create prejudice.

[Ed. Note.-For other cases, see Criminal edge of the mortgage.

Law, Cent. Dig. 88 873, 891-893, 1457; Dec. The respondent also cites cases to the ef- Dig.'s 404.*] fect that an unrecorded conveyance of real

5. CRIMINAL LAW (8 404")-EVIDENCE-ADMISestate is valid against a subsequent pur SIBILITY-DEMONSTRATIVE EVIDENCE. chaser with notice of the prior conveyance. In a prosecution for killing another by It does not however, appear that the ques-blows upon the head with a stone or other blunt tions submitted in the cases cited by the re- skull was 'admissible, as demonstrating the de

instrument, the fractured portion of the victim's spondent upon this point arose under any structive force and effect of the blows inflicted, statute peremptorily fixing a time within though accused announced that he would deny which conveyances of real estate shall be re- all knowledge of the homicide and would not dis

pute the evidence as to the homicide itself, as corded, but that they were determined by that simply left upon the state the burden of the well-settled and well-understood equitable proving its case and did not bar it from offering principles governing such matters.

any demonstrative evidence which might tend While, as before stated, there is authority to throw light not only on the fact but on the

mode of killing. supporting the respondent's contention re

[Ed. Note.-For other cases, see Criminal garding both constructive and actual notice, Law, Cent. Dig. $$ 873, 891-893, 1457; Dec. the weight of authority seems to support the Dig. § 404.*] law as lirid down by this court in Burdick 6. CRIMINAL LAW (f 1169*)-APPEAL AND ERv. Coates, supra, and I see no reason for ROR-HARMLESS ERROR-ADMISSION OF Evichanging the views therein expressed regard

DENCE. ing the interpretation of the statute in ques- boy witness had been asked upon cross-exam

In a prosecution for manslaughter, where a tion.

ination who told him not to take the watch I think that the complainant is entitled to offered by accused because it belonged to dea decree as prayed for in her bill of com- ceased, an exception to the admission on redi

rect examination of evidence that it was his plaint. .

sister who told him was without merit. PARKHURST, J., concurs in opinion of Law, Cent. Dig. 88 754, 3088, 3130, 3137-3143;

[Ed. Note.-For other cases, see Criminal VINCENT, J.

Dec. Dig. $ 1169.*]

•For other cases see same topic and section NUMBER in Dec. Dig. & Am. Dig. Key-No. Series & Rep'r Indexes

7. CRIMINAL LAW (8 1169*)-APPEAL AND ER- /sible in the absence of anything happening at

ROR-HARMLESS ERROR-ADMISSION OF Evi the arraignment to render it inadmissible.
DENCE.

[Ed. Note.–For other cases, see Criminal An exception to the admission of evidence Law, Cent. Dig. 88 785, 894-917, 920-927; which could not have prejudiced accused will be Dec. Dig. & 406.*] overruled.

14. CRIMINAL LAW (8 1169*)-ADMISSIONS[Ed. Note.-For other cases, see Criminal

VOLUNTARY CHARACTER. Law, Cent. Dig. $$ 754, 3088, 3130, 3137–3143;

There was no error in refusing to strike Dec. Dig. § 1169.*]

out accused's admissions, as to the voluntary 8. CRIMINAL LAW (8 516*)—EVIDENCE—“CON- character of which the evidence was conflicting, FESSION.'

where the court instructed the jury that they Statements of accused that he unintention- might consider all the evidence, but to exclude ally caused deceased's death by striking with the admissions if they were not voluntary, to his foot a stone which hit deceased in the which no exception was taken. head were not strictly a "confession," which

[Ed. Note. For other cases, see Criminal is a person's declaration of his agency or par- | Law, Cent. Dig. $$ 754, 3088, 3130, 3137–3143 ; ticipation in a crime, and is restricted to ac- Dec. Dig. & 1169.*] knowledgments of guilt; such statements being

15. HOMICIDE (8 of an explanatory or exculpatory character.

268*9)-TRIAL-QUESTIONS

FOR JURY. [Ed. Note.-For other cases, see Criminal Law, Cent. Dig. 88 1139-1145; Dec. Dig. $ to make a case for the jury, and to leave no rea

Evidence in a prosecution for homicide held 516.*

sonable doubt of accused's guilt if believed to be For other definitions, see Words and Phrases,

true. vol. 2, pp. 1417–1419; vol. 8, p. 7611.]

[Ed. Note.--For other cases, see Homicide, 9. CRIMINAL LAW (8 406*)-EVIDENCE-AD- Cent. Dig. $ 562; Dec. Dig. $ 268.*] MISSIONS. Statements of of an accused person

16. CRIMINAL LAW (8 655*)-TRIAL-CONDUCT not

OF TRIAL. amounting to a confession, but from which in connection with other evidence and the sur-especially so in the heat of the trial when it

It is always incumbent upon the court, and rounding circumstances an inference of guilt can may be annoyed by the persistence of zealous be drawn, are admissible as admissions.

counsel in the face of rulings already made, to [Ed. Note. For other cases, see Criminal avoid any utterance which would prejudice the Law, Cent. Dig. 88 785, 894-917, 920-927; accused with the jury. Dec. Dig. $ 406.*]

[Ed. Note.-For other cases, see Criminal 10. CRIMINAL LAW ($ 406*) - ADMISSIONS — Law, Cent. Dig. $$ 1520-1523, 1527, 1535; Dec. VOLUNTARY CHARACTER.

Dig. § 655.*] A boy's admissions not amounting to a con: 17. INFANTS (8 66*)—CAPACITY TO COMMIT fession were not inadmissible because, after ad

CRIME-QUESTIONS FOR JURY. monishing him that whatever he said would be used for or against him, the officer added, "but, 14 years of age, who was accused of manslaugh

Whether a boy lacking 3 months of being whatever you tell me, I want you to tell the truth”; such words 'not constituting an in- ter, had sufficient capacity to commit a crime, ducement rendering the statements involuntary. held, under the evidence, for the jury. [Ed. Note.-For other cases, see Criminal

[Ed. Note.—For other cases, see Infants, Cent. Law, Cent. Dig. 88 785, 894-917, 920-927; Dig. & 172; Dec. Dig. & 66.** Dec. Dig. § 406.*]

Exceptions from Superior Court, Provi11. CRIMINAL LAW ($ 406*) ADMISSION dence and Bristol Counties; Elmer J. RathVOLUNTARY CHARACTER.

bun, Judge. A boy's admissions not amounting to a confession were not inadmissible because the

Antonio Mariano was found guilty of manofficer said, "If you did it, say so, and I will slaughter, and case transferred from the do all I can for you,” where he added, "If you superior court on his exceptions. Part of didn't do it, don't say you did,” to which the boy replied,'"I didn't kill him, so I can't say I exceptions sustained and part overruled, and did," as the added words naturally refuted any case remitted for a new trial. suggestion in the preceding words of a recommendation to confess, and the reply showed no

Livingston Ham, Asst. Atty. Gen., for the indication of having been influenced by what the State. Anthony V. Pettine, of Providence, officer had said.

for defendant. [Ed. Note.-For other cases, see Criminal Law, Cent. Dig. 88 785, 894–917, 920–927; Dec.

BAKER, J. This is an indictment against Dig. 8 406.*]

the defendant, Antonio Mariano, for man12. CRIMINAL LAW ($ 406*)-EVIDENCE-AD- slaughter in killing William A. Mather on MISSIONS-VOLUNTARY CHARACTER.

That while the admissibility of an officer's February 29, 1912, in North Providence in testimony concerning accused's admissions was this state. There are four counts in the inbeing discussed, accused's counsel asked the state dictment, the first two charging the killing to call certain other officers that he might crossexamine them upon the voluntary character of by means of blows upon the head with a the admissions, no ruling being requested or stone; the other two by blows upon the head made, nor did counsel himself offer to call such “in some way and manner and by some officers, who were afterwards called and crossexamined, was not ground for excluding such means, instruments, and weapons to the admissions.

grand jurors unknown.” The case was heard [Ed. Note. For other cases, see Criminal on the 11th, 12th, 13th, 14th, 15th, 18th, and Law, Cent. Dig. SS 785, 894–917, 920–927 ; Dec. 19th days of March, 1913. At the trial the Dig. 8 406.*]

following statements showing the commis13. CRIMINAL LAW (8 406*)-ADMISSIONS-ON sion of a crime and its circumstances were in ARRAIGNMENT.

Accused's admission when arraigned that he evidence and not disputed: killed deceased, but unintentionally, was admis On February 29, 1912, Mather was 12

S

*For other cases see same topic and section NUMBER in Dec. Dig. & Am. Dig. Key-No. Series & Rep'r Indexes

years and 8 months old. He was a pupil , by penetration of the anus by some instruin the fourth grade in the public schools at ment or body; that it was impossible to state Marieville, a village in said North Provi- what actually caused the dilation; and that dence. He attended both school sessions that it possibly might have resulted from the comday. He left his house at 10 minutes before mission of the crime of sodomy. 1 o'clock in the afternoon and reached the The defendant on February 29, 1912, lackschool after the session had begun and was ed a few months of being 14 years of age; marked tardy. In consequence of being late, that is, he did not become 14 until June 4, he was detained 10 minutes after the close 1912. He had attended the public school in of the school for the day. He then went Marieville for a short time during the fall of away, and there is no direct evidence that he 1911, but with his relatives moved into Provwas ever afterwards seen alive. His dead sidence for a few months, where he was a body was found on the side of Moses Angell pupil in the school on Branch avenue. LatHill, near Mineral Spring avenue, on the er they returned to Marieville, where, on evening of March 27, 1912, at a place more February 29, 1912, he re-entered the public or less covered with trees and rocks and school but in a different room and in a lower which was to all appearances little used or grade than the one attended by the Mather frequented in winter. The skull was crushed boy. in from about an inch back of the right ear What follows sets forth in substance the to the middle of the occipital bone. There material portions of the testimony connecting was a scalp wound and another fracture of the defendant with the crime: the skull about the size of a half dollar on Suspicion was cast upon Mariano shortly the top of the occipital bone. In addition after the finding of the dead boy's body. It there were four other scalp wounds and a appears that there had been some talk about contused wound with a slight abrasion on his having bats. In answer to the request of the right elbow. The anus of the body was other boys for bats, he promised to give them open and distended, by measurement from some. These boys were Pasco Busserio, 148 inches to 114 inches. When found, the James Amondi, and Antonio Amondi. They body was lying prone with the head turned were at the time about 11 years old each. so that the left side of the face was resting After school at noontime he told these boys on the ground, leaving the right cheek expos- to go up the hill (where the body was aftered, with the left arm under the body and the wards found), and said that they would find right arm over the back. The body was some bats behind a rock. Mariano went a frozen and in a good state of preservation, little way with them and then started to go excepting that there were indications that home. Not finding any bats, they got up the right side of the face had been disturbed on the rocks and called to him. In reply by some animal. The body was clothed with he told them to go higher up. They went a shirt or waist, a "singlet” or undershirt, higher up, but could find no bats; they did a pair of trousers, stockings, and shoes. The find, however, behind a rock, a coat, a sweatshirt or waist was torn and the suspenders er, and a rubber shoe.' They left the clothes, were down off the shoulders. His coat and but James Amondi took the rubber away. sweater were found behind a V-shaped rock After school that day Mariano gave to James higher up the hill and about 125 feet from Amondi two bats and to two other boys where the body was found, and his cap still three bats, or five in all, which he had propfurther up the hill about 25 feet away from erly obtained from a neighbor living across said rock. There was blood on the sweater. the street, a Mrs. Hayden by name. The At a distance of two feet from the head of date of these occurrences is not entirely the body when found lay a stone about 8 clear, but it was apparently March 27th or inches long, 5 inches wide and 142 inches thereabouts. At any rate, as Walter A. Lethick, tapering in nearly all directions to a fevbre was returning from his work on that, sharp edge, and weighing 4 pounds and 6 day, he heard that boys had found some ounces. A microscopical examination, veri- clothes up in the woods, and he started off fied by chemical analysis, revealed traces of the team, when it stopped at the bottom of human blood, several human hairs, and a the hill, and went up the hill, and after small piece of scalp tissue on portions of some search found the clothes. Later in the said stone.

evening he with two other men and William The medical examiner, who made the au- M. Mather, father of the dead boy, went to topsy, testified that the wounds upon the the place, found and identified the clothes, head might have been caused by “almost any and after further search found the dead blunt instrument” used with different de- body lying diagonally across an old cart grees of force; that said stone could have path, in the condition already described. been such instrument; and that the blow Afterwards it was learned that the defendwhich crushed the skull would cause "al- ant had tried to sell a watch to one Ricci most instant death." The distention of the Petrochelli, a boy of 10, who attended the anus was explained by the medical witnesses same school, which watch was supposed from as being due to its having been dilated ei- its description to belong to the dead boy, ther just before or just after the boy Ma- who had a cheap open-face watch. Therether's death; that the dilation was caused upon, between 5 and 6 o'clock of March 30,

1912, the defendant was taken into custody The entire party thereupon went in an by George P. Willis, chief of police of North automobile to the hill where the body had Providence, and placed in one of the cells in been found. Mariano went to a rock and the basement of the town hall at Centre-reached down between the bushes and the dale, after having been questioned several rock. He felt all around without finding any times by Mr. Willis and Domenico Conca, a watch, and then said: special police officer, at which times the

"I showed that stone to my brother.

He see prisoner emphatically and repeatedly denied me there one day. He knew the watch was having caused the death. At about 10 o'clock here. I bet he came and took it. If he did, I

know where he put it." in the evening, however, after first protesting, "Honest to God, Mister, I didn't kill

As they were going back to the automobile, him,” he told Mr. Sanford E. Kinnecom, a some one asked him if he could show where deputy sheriff assigned to duty in the Attor- the stone fell off and hit the boy. He said ney General's office, that on the day of the he could. They went up the hill. After boy Mather's death he met him playing in looking around at other rocks, he came to the the road with the boys near the spring; that one behind which the clothes were found, and Mather refused to play with him because he said, “That is the stone there.” This was (Mariano) had given the other boys bats but the V-shaped rock. He also said that he none to him; that he then said to Mather, tried to carry the boy home and did carry "If you want some bats, you come up the him a distance, but he was too heavy and so hill, and I will give you bats;" that they he left him. Said he thought he could show went up on the hill, and upon finding no bats where he left him. He went up the hill and Mather got mad and they fought, and he came back and said "kind of path.” He put his foot on Mather's neck, but after- came back down the hill till he struck the wards let him up, and proposed that they path, followed it, looking around carefully, climb up on the rocks; that they started to and finally said: “Yes, it was right here; climb up on the rocks, himself leading the he lay right this way.” The place indicated way and Mather following; that as they was just about where the body was found. were doing this his foot knocked off a piece Then the party returned to the automobile of the rock, which hit Mather on the head. and went to where Mariano lived. He had who fell and lay on the ground; that Mather said that if his brother had taken the watch said nothing but breathed hard; that he he would hide it down under the stairs in kissed him and said a prayer over him and the cellar of the barn, as he hid everything went home and cried all night; that he went there. They went to the barn and made back next day and found the body “just the search, but found no watch. The brother same, his clothes all right. I knelt down was wakened and brought out, but denied side of him I say another prayer and I go any knowledge of the watch. The defendant home. I go back again, him all right.” In then said it was at his sister's house on answer to an inquiry as to why he sent the Ilassan street; that he had stayed there the little boys up on the 'hill to look for bats, night before, and it was under the couch; that when he knew there were no bats there, he the couch lining was torn, and he had put it said:

in there. The party then went to the sister's "I want them to find him. I feel awful bad, house, but no one was at home. After some I think of it all the time. But they no go delay she was found, brought there, and an where I tell them. I send them up there. entrance effected. The prisoner walked right Then tell them to go up further. Then I go over to the sofa, reached under it, and the home. They no find him. They no go where I lining was torn as he had described, but no tell them.”

watch was found there, and no watch was This conversation was downstairs in the ever found. He was then taken at 3 or 4 cellroom, but the prisoner was not at the o'clock of the morning of March 31st to the time in a cell. The same evening, at about

police station on Fountain street, Providence. 11.o'clock, upon being taken upstairs, Maria. On April 1st he was arrainged before Judge no repeated this statement in its essential Reuckert, of the Sixth district court, in his features in the presence of Mr. Willis, Mr.

office. He read the charge to the boy and Conca, Inspectors Wolf and Ahearn of the asked him whether he was guilty or not police department of Providence, and Mr. guilty, and, as the boy hesitated somewhat, Kinnecom, but with some additional details. then said to him: “These people, the police, Some one asked, "What did you do with the

say that you killed William Mather; now watch?” He replied that he went back the what do you say?" To this inquiry the boy third day and took the watch from the boy's replied, “I did, but I didn't mean to.” clothes. Further asked what he had done

The defendant in his testimony at the trial with the watch, he said, “I hid the watch says that on February 29th, after the close of. back of a stone over there on the foot of the school, at half past 3 o'clock in the afterhill.” To the inquiry as to whether he could noon, he went directly to George Frazza's show where he hid it, he said :

house, broke some wood for him in his yard, “Yes, side of big rock, some bushes right up played piggy for a while, and then went side of the rock. I put it between the bushes and the rock," and said he would show where it straight home over the fields, cleaned up the was.

yard at the direction of his mother, and did

not go out after he went home. He denies sixteenth exceptions all refer to the admiskilling young Mather, and says that he did sion of testimony offered by the state tendnot see him February 29th, and did not know ing to show that defendant had reached the . him; he sent the boys for bats, but explains , age of puberty and and had the sexual cathat he had placed some bats, given him by pacity to commit the crime of sodomy. It Mrs. Hayden, in the field on his way to was shown by the testimony that, while the school, thinking the teacher would take them defendant was detained at the Sockanosset from him, if he brought them to school; ad- School awaiting his preliminary examination mits trying to sell a watch to Petrochelli, but before the Sixth district court, he was subsays it was a watch given him by one Frank jected to a physical examination on April Zabillo; admits making to Mr. Kinnecom 5 and 6, 1912 by Dr. Henry A. Jones, the . and the other officers and to Judge Reuckert resident physician at the State Institution, the statements related by them, but says the and Dr. Clifford H. Griffin, a medical examstatements were untrue and that he made iner for the county of Providence, and the them by the direction of Domenico Conca and police surgeon of the city of Providence. Anthony Capuano, who suggested the story he The examination was made apparently for told as to Mather's death, and told him that the express purpose of ascertaining his sexby telling it he would get out and be per- ual development and capacity. While the mitted to go home; that he was frightened prisoner was entirely nude, four photographs when in the cell and wanted to go home.' He were taken of him in a standing position, also says that Domenico Conca put him up one a front view, one a back view, and two to telling the story about William Mather's side views, one of each side. watch, and it was in consequence of what Conca said that he told Judge Reuckert exceptions relate to objections to the intro

[2] The third, fifteenth, and twenty-second what he did and that Conca told him all duction of testimony respecting the physical this when he was in the cell at the town examination and to the introduction in evihall. He also says that Conca told him that dence of said photographs. The question to the rock he pointed out was where William

which the third exception lies was simply Mather was killed. George Frazza, a small school boy, says that the defendant went preliminary, and the allowance of the queshome with him at close of school on Febru- tion and answer was not error and the ex

ception is overruled. ary 29th, and played piggy with him for half

[3] The other 13 exceptions just enumeratan hour, and Frank Zabillo testifies that he gave defendant a cheap watch in January, ed, except the fifteenth, are all based upon 1912. Defendant's younger brother Michael the offers of testimony tending to show the also says that he saw him with Frank's sexual ability of the defendant to commit the watch. The mother of Mariano says he crime of sodomy. The testimony of Drs. came home February 29th "about 4:30 or Barnard and Griffin and of the undertaker five, but I do not remember well,” and that is that the anus of the dead boy was widely when he came home he worked around the open. The two doctors express the opinion yard, and his appearance and conduct after that this condition was due to its having been February 29th was the same as at other penetrated by some instrument either just times. He is described by one of his teach- before or just after the death of the Mather ers as a very dull boy. In rebuttal Conca boy. This opinion as to the time of penetraand Capuano denied defendant's charges that tion is based upon said open condition of they induced the defendant to make the the anus, which these witnesses believe did statements he did or were in any way the not close after its dilation because death had the author of them. The jury found the de- destroyed the contractile power of the sphincfendant guilty with a recommendation of ter muscle. If these inferences as to the mercy. Exceptions were taken to various cause and time of said dilation are to be rerulings of the justice presiding at the trial lied upon, it would not be unreasonable to in the course thereof, and the case has been conclude that the person who killed the boy heard by this court on defendant's bill of ex- was also the cause in some way of the dilaceptions as allowed by the court below. tion. Such a conclusion is doubtless the at

The bill of exceptions as filed contains 35 tempted justification of the offer of the eviexceptions. Three of these, respectively num- dence now being considered. The only sugbered 18, 21, and 31, were disallowed by the gestion in the evidence that the dilation was justice presiding at the trial and no attempt due to the commission of the crime of sodhas been made to establish their correctness omy is found in the testimony of Dr. Griffin. before this court. Those numbered 1, 2, 9, On page 117 of the transcript this appears: 24, 26, 27, and 30 have not been presse be Cross Q. 89. "Now, doctor, you didn't findfore this court, thus leaying 25 for consid- you couldn't say whether that penetration was

caused by any particular instrument, could eration.

you?" Answer: "No sir.” [1] As several of these exceptions relate to the same subject-matter, it will be convenient

On page 125 of the transcript we find: to group them in considering them. The

C. Q. 136. “You are not willing to go on

record as stating that the crime of sodomy was fifth, sixth, seventh, eighth, ninth, tenth, committed on William Mather, are you?" Aneleventh, twelfth, thirteenth, fourteenth, and swer: "No, sir; I am not. I say the condition

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