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Show Mff IN' ATTACKS -?MHM ; ItHO KiLLEiy HUSBAND; F DM HELD FOR MURDER "Yon dirty, black cur, you murdered my husbandry exclaimed Mrs. Horace HvVoss in the Police court this morn-, ing, as she made a vicious personal attack at-tack on A.-T. Day, who is charged with, the murder of H. H. Toss in this eity on October 14. . ' " The attack eame just at the opening of the preliminary examination of the defendant. Day. Four witnesses had been called from about fortv eolored people who were in the courtroom. The four entered the inside corridor and were about to be worn, when Mrs. Vosa. dressed in black and heavily veiled, entered the railing. She passed behind the four witnesses, who were in the act of being sworn, evidently evi-dently with the intention of taking a seat near County Atttorney Christen- As she passed between the chair occupied oc-cupied bv the representative of THE TELEGBAM and the defendant, she was heard to ntter the above words. Attack Is Sudden. A second later she attacked Day, who was sitting on the prisoner's bench. So sudden was tbe attack that Mrs. Toss had landed three or four. blows on Day before the officers of the court, including includ-ing Deputv Sheriffs Steele and Emery, Bailiff Hilton and the reporter, could resch her. A dozen colored men and women I : rushed 4o the outside of the railing, and for. a moment it was .feared that a sec- ond murder would be committed in the presence of the court. '- Mrs. Voss was forced into a chair, and Day,- who. had r partly arisen from his seat, was foreed back.- .- ; As soon as order was restorted Judge . Diehl instructed Deputy-Sheriff Steele to remove Mrs. Voss from toe court1- room During the trial Mrs. Voss sat la the , office. , - j ; Friends tried to comfort her, but the- ; only thing that she would say was, "He . murdered my husband." Shortly before the hearing ended Mrs. Voss was persuaded by friends to leave the room and go home. , Preliminary Hearing. - r The preliminary hearing of A. T.Day, who is charged, with having shot and. killed Horace H. Voss on Sunday, Octo-. ber 14, was commenced before Judge -Diehl this morning. - Five witnesses were sworn and testified on the part of the State. The defendant offered no testimony and. was bound over to Dis-f trict court on a charge of murder in the first degree, without bail. ; Ware as Witness. . The first witness examined was "Joseph "Jo-seph Ware," colored, who' resides at -49 Franklin avenue. -The witness testified as to the time and place of the shooting. "Day did not say a word: he just came to the door and fired,'' declared-the declared-the witness. .1 Atttorney Walter little,, counsel for ! the defendant, put he-witness through' a long cross-examination, but failed to shake his testimony. - - - - County Physician E. W. Whitney tes-' " tified as to the course of the bullet and the cause of deaths , Mrs. Yarber's Story. Mrs. Sarah Yarber, housekeeperi .Jt ' Ware, testified as to' the' trouble -fti occurred - between the defendant ,ad f Mathew Edwards on the Sa turd a y receding re-ceding the killitfg. Witness wss present pres-ent at the time ,Voss was killed. She testified that Voes bsd just come into her room at 49 Commercial street in company with Ware. Voss was leaning against a trunk in the room just inside the door. He had both hands in his ! trousers pockets. The door was about half way open. Day came to the door and fired without saving a word. Voss i fell near the feet of the witness, dead. ' The testimony of the witness was not broken by a rigid cross-examination. i Trouble of the Men. ! Mrs. Marv Edwards of 51 Franklin avenue testified as to the trouble be-, tween the defendant and her husband i on the Saturdav evening preceding the' shooting of Voss. The- -witness said' that Day. had threatened to kill her hus- j band, and that he had struck him (her,1 husband). Voss had met Day a short time later and told him that it was a sham for him to treat an old man likoV he had treated Edwards. Mathew Edwards, husband of. the last witness, was the last witness to testifv. Edwards told of the trouble that he hadi with Day on the evening preceding the' killing of Voss. He declared that after: the first fouble he had with Dav. in' which the latter struck him. Dav had ! returned to" the avenue with a revolver, and had tberatened to kill anvone who' inteifered with him. He had alsoi threatened to kill the witness. Edwards.! Under cross-examination Edwards de- nied that Voss had told him to go and1 get a gun and blow Day out of the al-j ley. Outline of Day's Defense. It is upon this alleged statement of oss to Edwards that Dav intends to make his defense. He will claim that' he believed that his life was in danger, and for that reason armed himself. About fifty colored people of the citv ; were present at the hearing. It is un-' derstood that the friends of Voss will hire special counsel to assist the District) Attorney in the prosecution of Day. At the conclusion of the hearing this morning Day wss taken to. the countv lail in the patrol wagon, accompanied, by Sheriff Emery and Deputies Steeh and Emerv. it was feared that an ax, tempt would be made t take the priL oner from the officers. The colored pe-f pie, however, say that there is no danger dan-ger of violence on their part, as all theyj want is to see the law take its course. |