Show IGAYLR MURDER TRIAL The Taking of Testimony the Prosecution Begins NOTHING NEW DEVELOPED A REPETITION OF THE EVIDENCE I IX THE HAMMOND CASE E Orstran and Mrs Enquist Held for Adultery The Jury Finds Dr i I Jabez Taylor Guilty of Practicing Medicine Without License Other i I Court Mn tters I I The taking of testimony in the trial of George Gaylor for the murder of Clyde Robertson was commenced yesterday yes-terday morning before Chief Justc 1lerlitt I I The first witness examined for the I prosecution was the mother of the deceased I de-ceased child Mrs Margaret S Robertson i Rob-ertson whose testimony was brief and I formal and in all respects the same i respct as that given on the trial of Harry i Hammond She knew nothing however I how-ever as to the shooting of her boy having been absent from home at the time the tragedy occurred Mary Robertson sister of Clyde was next called Her evidence was substantially sub-stantially the same a before She stated that she heard the threat used by the boys that they would kill her brother before night and that they threw rocks at him The testimony of the father of Clyde was unimportant Dr J M Benedict proved that thein I death of little Clyde resulted from gunshot gun-shot wounds of which a number penetrated pene-trated the childs chest The photograph of the dead boy showing the perforations by the shots was introduced in evidence but Judge Power protested against its being put in on the ground that it might bias and act prejudicially upon the jury He failed t see what else would be gained by i Counsel disapproved of such theatrical displays on the part of the prosecution and in this instance the proceeding was Incompetent and immaterial The physician having testified tes-tified a to the cause of death what more he asked was necessary Judge Howat replied that the dead childs body was the primary evidence evi-dence A it could not be noW produced pro-duced here the photograph was secondary sec-ondary evidence and therefore admissible admis-sible Counsel offered to adduce a stack of authorities in support of his contention but Judge Powers responded respond-ed with No please dont trouble Judge Howat contented himself with citing a few in point Judge Powers again sailed In insisting insist-ing that the photograph was not offered of-fered for any legitimate purpose and objected to the prosecution asserting i that he was threshing over old straw I he had he had done so in the interests of justice Judge How I at he continued would like t produce pro-duce the dead and bleeding corpse of that Innocent little boy he would like to hold it up before the court and jury in ail its shocking distress and agony I I Why That he a a sworn officer of the law who ought to protect this defendant I de-fendant just a much as I might win a case I I Judge Merritt ruled that the photograph photo-graph might be admitted in evidence and a Judge Powers handed i over to Attorney Nye he observed sotto voice Ah take it i makes me sick its horrible Mrs Annie l Dassonville next went upon the stand and repeated much of the testimony which she gave on the Hammond trial On the morning of the tragedy she said Hammond and Gaylor were tormenting a lot of little lit-tle children who wer playing near her house among them being little Clyde She heard Hammond use the words the whole outfit of you while the two defendants were together on that occasion occon Virgil Dassonville the little son of the last witness repeated h former testmonyAfternoon Afternoon Session Henry E Whipple said he resided in the next house north from Robertsons house heard the shot which killed little lit-tle Clyde the Robertson girls called out they have killed my little brother Witness ran to the spot and picked up the child and held it in his arms where i gasped and died The witness gave expert testimony a to distances which guns of different calibre would carry the tendency of the charges to spread and t fall as they travelled He gave evidence a to the ground where the shooting took pla e the location of the different objects ob-jects and the position of the parties when the tragedy occurred The tgy gun and a number of shots and a plat made by the defendant were put in evidence I Gustave Turnrose an oH Swedish gentleman aged 76 unable to speak English was next put on the stand and through Deputy Sheriff Axelii Steele as interpreter gave his testi mony He said he heard the shots fired rushed out of the house and saw the boys running away and one of them had a gun Judge Powers and Mr Whlttemore objecte to the testimony of this witness wit-ness being admitted on the ground that he was so old and feeble minded that his word could not be relied upon Judge Howat said the same objection had been made in the Hammond trial that the witness had been examined then and pronounced examine Judge Powers objected t bringing in any proceedings which had taken place at the former trial tken The chief justice ruled that JUstce rule the wit ness might be e examined but stated that if under examination he sttd eainaton gave signes of incompetency his honor woud Instruct the jury to disregard it The old gentlemans testimony was unim portant but he got along all right Vinnie Ross Taylor and Sheriff Emma McQueen Whiting were M also G I examined Their testimony testmony was in the main identical with that they wih gave at they gaYE the trial of Harry Hammond Shortly after 5 oclock the court ad Sn6 until 10 clock this morning when the examination of witnesses will be resuuied The case wi winesss all wi ability last all week |