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About Omaha daily bee. (Omaha [Neb.]) 187?-1922 | View Entire Issue (Dec. 5, 1895)
n i TP prniniM i IM\ TniPT lAlli UttlPELUiD TO IlliST [ All of the Testimony Against Morgan Is Now In , JDGE CUT THE PROSECUTION SHORT Icctnrpil Ton .Much Time Wnn llclnR oiiKiiniril ( , ' < ! ( I it it lit I on of liiin- nulnir Ti'Hllmoiiy Attain" ! Ao- ctinril Dcfcnuf Opr-im Toilil } . * Judge Scott brought the state's case In the Morgan murder trial to a close yesterday afternoon In a most unusual way. It fairly lock llio breath away from tlic attornejs present at the trial , Including that of the county attorney. It was at 4:30 : o'clock , a half hour before the regular time for adjourning court. A witness was on the stand and Judge Scott ttn called upon to dcrlds an objection. After ho made the ruling ho said. "Mr. County Attorney , 1 think you are polng over a good deal of old ground by those vltnestcs 1 have been hearing a good deal of the sann kind of ovldenca. Therefore 1 have decided that you must flnMi your caw > to night. Wo will adjourn at C o'clock and re convene at 7-30 and stay In session until you Introduc ? all of jour evidence. " The county attorney Jumped up In surprise. "Why , > our honor , I have fifteen more \Utnsi-scs and some of them will offer Im portant testimony. I have not talked with them all. If > ou do this I can't Introduce their testimony Int-lllgently. Remember that this Is a case of great. Importance. Life and death are Involved. If you had told mo of your decision this morning I might have bscn prepared. Hut 1 cannot get all my tctlmonj In before tomorrow noon and I hop ? you will give me that tlmo at lea t. " " 1 don't care If you have 15,000 witnesses , " responded the court. " 1 said you would have tonight and only tonight and that's all there IM about It. I'rocecJ with your examination. " The court could not bo moved. Consequently quently the county attorney hurried his testi mony and when he had finished he had still elx subpoenaed witness 8 whom ho could not put on the stand because ho did not know what they would testify to During the Morgan murder trial most of yesterday morning was occupied with the cross-examination of Wllllo Oasklll , the brother of murdered Ida Gasklll. The little fellow , only 9 years of age , stood up under the close questioning of the dc- find'int's attorneys remarkably well. His answers were direct ttnd positive and at every point he reiterated his story of the events of the Sunday on the evening of which Ida was murdered , the facts con cerning which he told In the direct exami nation late Tuesday afternoon. The de fense put all kinds of questions to him In the hope of tripping him up , but the bright little boy was more than a match for the lawyers. So far as the cross-examination went the defense was utterly unable to weaken his testimony. When the attornejs for the defense saw that hli > testimony could net be broken down they set to work to breik do\vn the boj hlmscir and In this they succeeded. They questioned him on the same points again and again , went over ground that was Immaterial to the Issues and hedged him in corners by their questions , from which the oldest and most experienced witness would have found diniculty In extricating himself. Judge Scott permitted It despite the objections of the county attorney. Finally the boy gave I1B BCGAN TO CUY. . Ho had Just said that he had gone to bed on the night of the murder at about 8 o'clock. "How do you know that It was 8 o'clock ? " was asked. " * The little fellow was tired. He had tried .to answer every question put to him. He had been on the stand for two hours , and through all that time had gone through simi lar questioning. He was asked , "How do you know this ? " and "How do you know that ? " and 'Why might such and such a tiling have been so and so ? " It was more than his nature could stand. He began to cry. There was hardly a man orvoman In the crowded court loom who was not moved. Tears welled up at the sight of the pitiful little boy. who had bsfore answered every thing so bravely and ro Intelligently. Even the court was moved. "Mr. nalllff , " said Judge Scott , "take the Jury out for a few minutes. Little boy , go to jour mother. " When court reconvened Judge Stott re fused to allow the cross-examination to con tinue at the time and consequently It was postponed to the afternoon. MORGAN SHOWS UNEASINESS. Morgan , however , was not moved. He sat through the questioning without an ex pression on his face , although he followed every word tljat the little witness said. Uut ha is beginning to look worried. There Is a scowl on his forehead almost continually and he cants frequent and furtlvo glances at the jurors. Ho speaks to his attorney quite frequently and at one tlmo during the morn ing a conference of several minutes duration occurred between them. Immediately upon the convening of the court yesterday Wllllo Oasklll was placed on the stand and after a few questions had been put by the state the boy was turned over for cross-examination. Ho was questioned regarding Hooker's re lations with the Gasklll family. Members tmd known Booker for nome three weeks and he was considered a pretty good friend. Ho had given the- children money several times to buy candy. 'On the Sunday Willie and Ida had pena to dinner with him In ac ceptance of an invitation which had been given to Ida. The children had known Mor gan about three weeks. On Sunday , between 5 and C o'clock , Willie raw Ida when he was near the taffy man's place. Just north of his home. She whis pered that she was going to Invite- Hooker to supper. Then she walked away toward the red house on her way to Hooker1 ! ) house. That was the last tlmo he saw Ida. "Did you not go to the grocery store with Ida on Sunday nlgbt after you saw her on Imp way to Hooker's. ? " "No , sir. That was on Saturday night. " Wllllo was closely cross-examined as to his meeting with Morgan , which ho said occurred between 3 and 4 o'clock Sunday afternoon. HK | testimony , however , was not shaken. Ho paid that ho met Morgan at the tlnshop near St. Mury'a avcnu ? , walked with him to the red house , to the east sldo , There Morgan got In through a window and said : MORGAN WANTED IDA. "You go and tell Ida I want to see * her. I want her to go on an errand. Don't tell anybody else , though , not even your mother. " After delivering the message he went back to the Mine sldo window. "Why did jou not look Into the front windows dews ? It Is out of the way to go back to the sldti window. " "I iloti't know. Because I thought he1 would beby the other window. " At thin anovscr Abslstant County Attorney Slabaugh made tome remark. One of the attorneys for the defense charged him with audibly mylng , "That's business. " The at torney charged him with coaching the wit ness. "That's a falsehood , " paid Slabaugh. The court averted the threatened storm by remarking that ho bad not heard the remark , but Informed the county attorneys that they could address only tha court during the cross-examination. The boy was very closely questioned re garding nls return to the red house After he bad delivered the message to Ida. A half hour was spent In asking him Just where Morgan wa U. the house , what he was doing , bow he knew that Morgan walked this way and tint way. The ground was gone over again and again and there was nothing of importance developed. In answer to questions Wllllo told again and again how he ami Ida had met Morgan whileon their way to Hooker's , of their doings at dinner and thereafter , of hla meet- IDE "Kb Morgan In the middle of the after noon and of tils conversation with him , of his meeting him again at the red bouse after he had delivered thenieswge to Ida. WOULD NOT HE TANGLED. The little wltnesn absolutely refuted to be targletl up. Only on ona point wai he con tradictory , He said that he and Ida had not left Hooker's until 4 o'clock. He Uo tald that lie bad lila meeting with Morgan be- tven 1 anl 4 oVbfk and aft'r ne > and Ida hart left llroekers house. On every oibci pnmt hf altlrmrd apatn and again the testi mony he had originally plun. After tl.e ground had be n gone over several times the defcn e b ° gan to question the boy'i doings during the evening. U was vtrj evident that 'he only object of the defcrm was to brrak donn the boy If possible. At- lorroys succeeded In this , for suddenly the boy bsgdn to cry. Hut one or two moro questions were nsked and the court , noticing the sobbing of th < little fellow , gave thn July a recess for a fen minute ? The little child ran to his mother' ! side and , nestling up to her , cried AS If hit heart v\ao breaking. The scene was a mosl affecting on and brought tears to ths eyes of many In the room , both nfln and women. When court reconvened the boy wai etll crying and by an agreement his cross-exam- ( nation wa postponed. Another witness wai called , Chief of Detectives Cox. Cox testified that some- particles of blooi which purported to have been scnped off th ( fingers of Morgan had been handed to him After pealing them in a bottle he turned them over to Dr. Fcote for chemical analysis. He Identified the vials containing the blood particle ? . Although the wltnesi wa * on the stand but a short time he did not appear re markably Intelligent , as there waa difficult ) In getting him to give proper answers tc questions. HIS HAND SHOOK. Sergeant S. D Corey testified that ho hat' ' scraped some blood off Morgan's fingers and turned It over to Cox. H ? slid that In tak ing the blood off Morgan's hand trembled oc violently that It was neeossary for anotUci man to hold It , On cross-examination the attorney for the defetike stepped up to the witness , and , pointIng - Ing to his hand , which was noticeably trem bling , asked : "Your hand Is trembling now. Is It not ? " "Ye-s , sir. I have a bjd cold and havt t-iken medicine for It. " "What would you say If any one were to accuse jou of murder because jour hand Is trembling ? You Intended to convey the Idea that thi man was guilty because bis hand trembled. " "I did not , " ansnerod Corey. Officer Marshall Identified the blood-marked hlrt and pant ? , which had been taken off Morgan , and testified that he had taken them to a chemist for examination. Dr. Robert teftlfled that he had taken some fcales from Morgan's hand , received more from Ofilccr Cox and had placed them In vials and sealed them. Dr. J. S. Foote testified that he had sub- Jcc'ed the particles scraped from Morgan's hand to a chemical test and found that they contained bboil. He al o examined the shirt , pints and handkerchiefs found on Mor gan and subjected them to the same test. The stains on the shirt , pants and due hand kerchief , the one which was damp when found on Morgan , were blood stains. On cross-examination the witness said that ho could not toll whether the blood from the hand of Morgan or on his clothing was human blood or not. WILLIE AGAIN CALLED. Wllllu theif described the search that had besn made for the missing girl. He related that he and his mother had gone to Booker's , but did not enter because the house was dirk ; that they went home and then to the theaters ; that they came back to St. Mary's avenue and there met the policeman who told them to go to tle police station. "Willie , did jou not tell your mamma of your conversation \\lth Morgan ? " the at torney asked. "No , s'r. " "Why ! " "Because I was nfrald that she might whip uij. " "Who did you tell It to first ? " "To Captain Hare Hut I did not tell him that Morgan told me not to say anything about It , " The little w liners then went on to sij that he did not tell the full conversation with Morgan until a week afterwards. He told It to his mother then. "Do you know anything elre about the case ? " w"as"then asked. "No , Hr , " answered the boy. "I told every thing I know. " The defense then Jumped'back to the time that Wllllo saw Morgan Inside the red house The defense questioned on the theory that Morgan went into the house for purposes of nature. Wllllo answered , however , that Morgan was doing nothing , when ho saw him , but was standing In the big room with hip face toward him and Jumped into the closJt. The boy was examined In regard to th ? point whether he had been requested not to tell what he knew. He answered that the police cfllcers , County Attorney Daldrlge and hlo mother had told him not to say anything nbout the cao3 except In court and to per- hens hs know , In order that It might not bo spread about the streets. "Is that the reason why j-ou would not tell mo what jou knew when I went down to toe you ? " asked the attorney. "No , sir. I thought you would hear It In court. " Wllllo said that no one had told him what to testify. "Did your mother tell you what to say ? " "No , sir. She only told mo to say what I knew and not tell any stories , " The boy was asked why on the sjarch for Ida he and his mother did not waken Hooker and ask him where Ida was. He answered that the house way dark and his mother \vas afraid that Hooker might not know them and might shoot , thinking that she wai a tramp. Th's ' finished the cross-examination. The county attorney began to ask the boy ques tions , but the court Interrupted , "I think I will excuse this witness , " he said. The little boy gleefully Jumped from the stand and ran to his mother's side. The next witness called was John Flanna- gan , a liveryman whose place of business Is at 420 South Nineteenth street. Ho was going to a cigar s'ore at Eighteenth street and St , Mary's avenue at 2 o'clock Sunday afternoon. He went past the red house , and looking Into one of the windows saw Morgan standing inside with his hands In his pockets. He accosted him and had a few words with him. When ho left the clgir store he saw Morgan crossing St. Mary's avenue coming from the direction of the red house. Witness had known Morgan for a year and was certain It was he. Eliza Agncw , a little girl S years old , was called to the stand , but before the first question was propounded she began to cry. The court excused her and as she ran back to her mother Willie Gasklll laughed broadly at her. SAW HIM ENTER TUB HOUSE. Mrs. Eliza Agnevv , who lives at 1810 Half Howard street , dpposlte the vacant house where Ida Onsklll'a body was found , testi fied that she saw Morgan at 4 o'clock for the first time on the fatal Sunday. She was sitting at her window and ww Morgan go along Half Howard street to his room. In a few moments he came out and went Into the alley by the vacant house. He returned to his room In a shcrt time. He went out again , spoke to a man , and went to his room again. About 5:40 : o'clock Mrs. Agnew again saw Morgan leave hla room , walk Into the alleyway west of the vacant house and turn In to the rear , as If going to the back door of the house. Ho was alone. Airs. Agrow did not see him come out or see him afterward. The little girl , Eliza Agnew , was called to the stand. Her mother was seated beside her to give her confidence' . The little girl said that she saw Morgan standing In the doorway of the vacant house across from her home. Morgan smacked hU lips to her and motioned for her to come to him. He was Inside the door , out of which the glass was broken. There was no one else about , only Morgan and herself. It was some time after she came home from SunJay school at 3 o'clock. The little girl caw Morgan later standing before his own door. In the morning the girl met Morgan In the alleyway. He said "hello" and r'le raid "hello" and that was all. She testified that on the same morning she saw Morgan give pennies to her sister , but she- did not know what he isld to her. The little girl tald she saw Ida after Sunday school playing In the alley besldo the vacant hous ? . On cross-examination Eliza said that It was In the morning when eho was going to Sunday school. At 2 o'clock she saw Mor gan standing In the rear of the house lean ing against a closet with his hands In his pockets , Charles P. Crowley , chemist at the Crelgh- ton Medical college , testified that he assisted at the teit made on the stains on Morgan's clothing and on the particles which purported to have been scraped from Mor- gan'o fingers. He ivvore that the stains were blood ttalns and that the particles consisted of dried blood. On cross-examination the witness aald that U wai impossible to Ull from the test that wn made whether th * blood wan that of n human being or of come animal. Ezra Iteming , who were that ho wan i newspaper reporter , testified that he wai ! present at a conversation with Morgan be | tween 11 and 12 o'clock on the morning attei the murder. The witness started out to re } late the previous life of Morgan ai told t ( , him by Morgan during the conversation , bui this was not permit cd , Judge Scott holding that no witness could testify as to this unless the defendant wai placed on the stand ami was questioned about It. SAID THEY WEHE UKEF STAINS. The witness then went on to state thai Morgan wan asked how he got the- blood or his hand and clothing. At first he answered he did not know , but finally ho said that he had worked on Saturday with Aleck Murray , a bn'cher on South Twentlelh etreet , and car- rletl In some meat , thereby covering hit clothes with blood. Witness said that on the Sunday on wlilcl : Ida was killed Morgan said that ho was home a greater portion of the day. Ho went to the saloon at the corner of Eighteenth street and St. Mary's avenue , drank come whisky and beer , and took home two bottles of whisky. Ho said that ho got drunk. He dented at first that he hid beckoned to any girls from the vacant hous ; , but later modified the statement , Paying that he had beckoned to n Mr , Thompson who was stincllng near some little girls. He denied that he had spoken to Willie Gasklll or had sent him with any message to his sister In the morning he mid that Ida was In his room , that hi held her on his knees for a time and gave her a nickel Ho went to bed nt 8 o'clock. Mrs. Mary Hast living at Eighteenth strozl and St. Mary's avenue , where she runs a candy store , testified that at between 1 and 1:30 : o'clock on Sunday Ida came Into her store , bought some candy , went out and re joined Willie , hsr brother , and then the twc went across the street and met Morgan. The three stopped and talked , but Mrs. Hast saw nothing further of them. Mrs. Mary Whitney , who lives at 1S14 Hall Howard street. In the same house In whlol : Morgan lived , was called as the next witness She lives In the front two rooms of the house and Morgan's room was directly In the rear. There l a halhvay separating the apartments , and In It Is a sink some five feet from a door leading Into Morgan's room. The witness testified that about 7:45 : ehc heard footsteps In the hallway as of one going from Morgan's room to the sink. The water was turned on and was allowed to run awhile , and was then shut off , the footsteps going back to Morgan's room. The county attorney asked thtf question whether the wit ness recognized the footsteps but on an ob jection fioin the defenro , the witness was not allowed to answer. After his ruling Judge Scott said : "It seems to me , Mr. County Attorney , you are wasting a good deal of time with Im material testlmonj- . Enough time has been given to the stite already. Your case will be closed tonight. We will adjourn at C o'clock and reconvene at 7 30 again. " The county nttornsy objected to this most strenuously. He said that he still had fifteen witnesses remaining , with Vhom he had not talked , and asked that he be given tomorrow morning. Judgp Scott vvap firm and stub born. Ho said the state would be given ths night to finish Introducing Its testimony and no longer , no matter If It had 15,000 witnesses left. "That's all there Is about It , " continued the court "Con'lnue the examination. " Mrs Whitney said that about 7 o'clock of the same evening she was standing near the center of the front room , when she- heard a scream. She heard but one , and It came from the south. This was In the direction of the vacant house where Ida Gapklll was murdered. LIKE DRAGGING OF A BODY. W. S. Saunders testified that at 7 o'clock of the same evening he was on his way up town from his residence at 181S St. Mary's avenue. He passed thiough the alley west of the vacant building end while ho was between a couple of windows he heard a shinning Ins'ds as if somebody was being dragged along the floor. He stopped at one o ( the windows and although the flare of his match lighted up the Interior of one of the rooms , and oven extended into another , he was unable to eee any one. The next witness called was Aleck Mur ray , the butcher at 171C South Twentieth street , by whom Morgan claimed that he had been employed on the Saturday before the murder and where he alleged to police officials his clothes had been -stained by carrying meat. The testimony of the wit ness went far toward discrediting the latter claim of Morgan. Murray said that he employed Morgan the Saturday before the murder to clean up hlo place. His duty was to wash the windows dews , asrub the floor and do other work of like nature. Ho was to have nothing to do with the handling , cutting , carrying or sellIng - Ing of meat. The witness said that he was In the shop all day , with the exception of a few minutes"when he was out with the driver of a wagon who brought him a lead of meat. Morgan did not carry any of this meat Into the shop , and ao far as the w It- ness knew did not touch a piece -of meat while he was ther ? . When he left he did not notlc3 any blood on Morgan's clothing. When the direct examination was concluded and the witness was turned over for cross- examination the dcfE-ndan''s attorneys con sulted with Morgan for a few minuted , and then the following question was asked Mur ray : "Did you not cut a quarter of beef on tl.at day and did not Morgan carry a portion of It for you ? " Murray answ cred that he remembe-ie-d nothing of the kind. He .did rot think th.it Morgan carried any of the beef , as ho him self was fully able to carry It. John E. Schaeffer , the driver of the wagon which brought the meat to Murray's ? shop , testified that Morgan carried none of It into the shop. shop.STORIES STORIES OF LITTLE GIRLS. Emma Herman , a 9-year-old girl , living In the- same house with Morgan , takl that she was playing In the yard In the morning when Morgan called to her and asked her If xhu wanted a drink of whisky. Morgan had a bottle In his hand at the tlmo. She saw Morgan In his doorway again In the afterncon at 4 o'clock. HiwlnUtd his eye nt he.- , tliook his head and beckoned her to come to him. She said that she was only a few feet from him at the time and did not run away because she thought he Intended to give a penny to her. On cross-examination the little gill said 11 at Morgan had given psnnles to other little girls in the morning when they v.ere play Ing In the yard , but gave nonp to her. Emma Agnew , the 9-year-old sister of the- girl who testified earlier , said that Morgan had given her a penny In the morning when she was playing with her sister and the Her man girl. She saw Morgan coming out of the back door of the vacant house at 2 o'clock In the afternoon , as she was going to Sunday whool. At th ; Urns she was going past the house through the alley to St. Mary's avenue. Bertha Herman , a IC-year-old sister cf Emma Herman , testified that she- was pres ent when Morgan called to her sister In th ? rnor Ing , but said that Morgan did not ask h r sister If she wanted a drink of whisky , but a drink of vinegar. He had a bottle In his hand , which locked Illco a beer bottle. Jenny Penny , a 10-year-old little girl , who lived In the rome house with Morgan , said nhe never saw Morgan before , but testified that In the afternoon at 2 o'clock , while she was going to Sunday school , she saw Ida Gasklll going Into the door which leads Into Morgari'u room , At this point the county attorney said that ho was ready to have Hooker take the stand and Judge Scott adjourned court until 7:30 : o'clock , with Instruction to have the sheriff on hand. Hooker was being confined In the county Jail as a witness. SHORT SESSION AT NIGHT. When court reconvened at 7:30 : o'clock the county attorney rose and ald : "Since adjourning I have come to the conclusion that the remainder of my casa will consist of rebuttal. I will net call Roqker , but save him for the rebuttal. Therefore , I rest my case. " "Very well , " responded Judge Scott , ap parently well pleased. Ths defense requested that Hooker b ? put on the stand for cross-examination , holding that no Ills name appeared on the informa tion It was KB right to examine him. Judge Bcott decided adversely to thla stand , uajlng tint the county attorney could call what witnesses he pleased and the defense had no voice In the matter. The county attorney proceeded to offer In evidence some of the articles used In the trial which had not bsen Introduced before. Ceurt was adjourned to 9:30 : this morning , the defendant's attorneys being Instructed to bo ready to Introduce their evidence- onci. . It Is underetood that all of the evidence for the defence will be Introduced in a day and a half , If not sooner. So far not more than ten vyltnuies have bten subpoenaed , and U Is said that no more will bo summoned ; , tit UNTIL JANUARY 1 After that the deluge No more business for us after .that What we can't sell before that we'll give away We can safely say that , be cause we are clearing out the stock so rapidly that there won't be enough left to make a re spectable showing on a Christmas tree Overcoats Men's Stilts . . Splendid all wool suits that never sold (31 ( 7 SSL for less than $8.00 , go MonJay for iJ J x C/ Overcoats Excellent fine wool , well trimmed , nicely tailored , latest style cheviot suits , the regular $15.00 article , for only . . . . .50 A splendid heavy winter overcoat that Think of this : $18.00 and $20.00 worsted used to sell for $6oo , Monday cassimere Mondav for and fine diagonal cheviots .75 Splendid overcoats in beavers , cheviots , chinchillas , melton ? , kerseys , elysians , in Furnishings 0 0 blue , brown , black and Oxfords , at less Good wool underwear " . than half-price in every instance. The 500 grade for. , 25c Fleece lined wool underwear 35c $ 15.00 garments $650 The regular $1.00 fine goods 50c $18.00 fine overcoats $8-50 Wilson Bros. $1.25 white sh'rts ' for only , 75c Our elegant $25.00 garments. $12.OO 250 E.V. . linen collars 12 C Quitting Business 13tli and Farnatn Sts. DOES NOT AFFECT TIPS CASE T T _ i Supplemental Answer of tia Hijl Defendants Eepliod to by the State , ' i > > ' ' TESTIMONY IN THE FORMER TRIAL READ i I lie nee Then TnKeu Ilecltol to the Jury SIiotiliiK the Mniii I'lictM o the Transfer uf TiinilN He- ' tuvuu Hill ami Hartley. LINCOLN , Dae. 4. ( Special. ) The state has filed an answer to the supplemental answer of the defendants in the case against ex-Treasurer Hill and his bondsmen. In this answer the defendants set up that the action commenced by Slate Treasurer Hart ley Jn the fedcial court at Omaha vvao a bar to further proceedings In the supreme court. The reply , by Attorney General Churchill , admits that Hartley commenced the action mentioned , but denies that such ac Ion v\as begun by authority of or with tha knowledge or consent of the plaintiff , and alleges that this action does not In any way Impair the right of the state to maintain the ptcsent action. So far the evidence which has been read to the Jury Is from the testimony of Secre tary of State. Piper , ex-Secretary of State Allen , ex-Auditor Ucnton , Deputy Treasurer Uartlett , ex-Governor Thaycr , Bookkeeper Alford , State Auditor Moore , State Treasurer Hartley , Receiver of the Capital Natonal Dank Kent K. Hayden and ex-State Treas urer John n. Hill. Aside from these cx- Oovcrnor Doyd , e\-Attornfy General Hastings and ex-Justice of the Supreme Court Ama-su Cobb hav ? testified orally. The evldencs of nearly all the bondsmen taken In the last trial of the case Is yet to be read to the lury. The case promisee to last through theleek. . Attorney G. M. Lambertson read the evi dence In the preceding trial when the court convened thlu morning. He commenced with the testimony of State Treasurer Hartley. The evidence bore mainly on the condition of the state finances at the time ho suc ceeded Hill and the ampunts of certificates of deposit recalvtd frcm the different banks In the state. The jury \\ns shonn the certifi cates of deposit received by witness frcm Hill and the footings of the amount total , f28S,357.85. Mr. Lambertson alro exhibited : ! H' chccku upon which J1S,99G 38 of this sum had been drawn out previous to the failure of th : Capital National bank , leaving a lose to the state of J23C,3C1.17. Hartley had atoppeJ drawing checks on the bank owing to the fact that It had gone Into the hands of a receiver. Did not remember the date of the bank's ( allure , but'1 ' tulle veil It had closed on January 21 , 1893. ' " It had closeJ Saturday night and did. riot open Monday morning. Had drawn a < ch4ck which had not been paid on the day./the bank officially suspended. K. j CroiU'Cxamlnatlon was/re.ad by Mr. Whet- don. The easto crsdlt which witness had secured at th Capital National bank waa In return for the threeceftlflcates , of de posit turned over to bt/n by Captain Hill , amounting to $2SS,357.85r , < COMPLETENESS OF SiqSHEIl'S WRECK. Direct examination of Kvnt K. Hayden , receiver of the Capital yNatlonal bank , was wad by Mr , Lambertwno jJTlie bank had been nsolvent on the Cth day -cf January , 1893. This was the day on which the certificates of deposit In the bank had ) | een turned over to Hartley by Hill , At. 1hq time the bank closed Its doors It bad ? 4 band In cash $11,117.67. Its liabilities were- $1,256,135.07 ; nominal atwts , about $1,000,000 ; real as set ? , $160,000. On cross-examination by Wheedon it had icen developed by witness that the nominal assets had been based on'the price of real estate In boom tlmJH , which had since de preciated In value. There had been collectMl 'rom the asstts uf the bank about $100,000. The crotw-examlnatlon wan In a line to show hat , while vvlneta had testified that the Cap- tal National bank was Insolvent on the Cth of January , 1893 , the fact might remain that he Institution was In pretty fair shape , and he great depreciation and uhrlnkage of its atutts had been caused by the stigma of hi failure. Evidence of Depu'y Treasurer Harllett , re called , wan read by Attorney Central Church- II. It went Into the details of the trans actions of State Treasurer Hill and the Cap- tat National bank. Deputy Dartlett'a testimony developed rn crrcs-cxamlnatlon by Mr , Wheedon a de- a'Ud history of the certificates of depoilt received from ex-Treasurer Wlllard by Hill , amounting to about $207,000. Hill has r - cclvcd but $500 In cash from Wlllard. The remainder of the funds consisted In checke , e'lofts and certificates of deposit In banks other than the Capital National bank. Only aleut 2 per cent of the business of the state treasurer's oftlc ? was done by the me dium of cash. Witness had been connected with the ofllce as deputy and treasurer nearly tv enty-four years. Hill had received the cor- tlflcates of deposit from himself to himself nt the tlmo he began hltt second term of ofPec. The crcss-examlnatlon of Receiver Hayden - den , recalled , showed that he had used the term "Insolvent" In his direct testimony In the light of any bank which could not pay all of Its debts on any one day. Few banks In the country could do this and In this sense nearly all banks wera Insolvent. This line of cross-axamlnatlon was Intended to brace up the credit of the defunct bank at the time Hill's certificate of deposits were placed therein by State Treasurer Hart ley. ley.Tho reading of the testimony of Receiver Hayden termlmted the evidence for the state and It rested. Judgs Wakeley announced to the court that , as In the previous trial , the fctato would ask that a reservation might bo mads In favor of other witnesses should the state desire to iibo them. The reserva tion was allowed. MOSHER'S GUARANTEE BOND. Testimony for the defense was read by Attorney Prltchett , Auditor Moore- being the first witness. He gave evidence to the effect that the original bond of the Capital Na tional bank as a state depository was on file In his offlce. The bond was for $700,000. The bond was marktd exhibit "K , " and was shewn to the jury. This Is the bond on whlci C. W. Mosher rmallfled for $500,000 and R. C. Outcalt , cashier of the defunct bank , for $200,000 over and above their lia bilities. It was filed In the oflice of Auditor Mcore January 14 , 1893 , and was approved by Governor Crounse , Secretary of State Allen and Attorney General Hastings. Wit ness Identified the signatures of Mosher , Outcalt , Crounse , Allen and Hastings. The bond had t > o-n filed In his office- timing the moinlng of January 14 , 1S93. Joseph S. Hartley , recalled for the de fence , tald that he had deposited no money received from ex-State Treasurer Hill In the Capital National bank , but had In structed his deputy , Mr. Dartlett , to deposit the certificate of deposit received from Hill In that bank. Witness exhibited his bank book in use at that time marked exhibit "L , " showing the sums credited as deposits. Was acting as state treasurer at the time. The evidence of ex-State Treasurer J. E. Hill , In his own defense , was read by Mr. Wheedon. Witness said that on the 14th of January , 1893 , he had made a settlement with the new treasurer , Hartley , and had then turned over all the funds of the state In his possession , Including the olilce and all Its appurtenances , With the exception of two small certificates of deposit , one on a bank at West Point and one on the Hank of Ponca , Treasurer Hartley had accepted and re ceipted for all the rest of the funds. Wlt- nero had admitted that he had filled In his ofllc'al bond for $2,000,000 with bin own name. One of the bondsmen , N. S. liar- wood , had ahked him why his own name had not been signed to the bond and he had Informed him that it would appear there be fore It was delivered. C. W. Mosher had also questioned the absence of bls'liame from the bond and he had replied : "Charlie , I will never sign the bond till I am assured that I can get full security for this amount. " Had not signed his name on the flrut line of the bond because he did not regard It as his bond until all the necessary securities had signed. Nearly all the bondsmen had called his attention to the omission of his name. Had gone to Omaha and neen Mr , Harlovv. In company with him he had gone to see Mr , Drake. They had held a conversa tion , In which It developed that they would not sign the bond unless John B. Wright of the Columbian National bank , Lincoln , and Samuel E. Smith of Hcatrlce had signed.It. . . It wao understood by bondsmen that witness was not to blgn the bond or deliver It until all the names agreed upon had been attached to It. The trend of the evidence of Wit ness Hill went to chow that there had been an agreement among all the Intending bonds men that ho wag not to sign the Instrument until the full complement of securities had Dlgned it. The reason ho had not signed subsequently to these signatures being ob tained was owing solely to the excitement around the state house on the day the newly elected state officers were sworn In. INTENDED AS HIS HOND. Cross-examined by Mr. Lamberlecn , vv It- nets admitted that ha had wiJtlen his name In the body cf ths Instrument with the full Intention of making It hU bond. An attempt was made to Induce wltntn to iweir that when be wrote In his name "John E. Hill , " he did BO with the Intention of making that papir hla legal bond , but this was unsucceu- ful , as he insisted that he had written a pirt of the body of the bond with the same In tention he wnuld have had In dictating to a typewriter , namely , for the sole purpose of diawlng up an Instrument that might be come , eventually , his bond. Witness paid that he had taken the oath of ofllco before a notary public before lie hid been sworn In by Chief Justice Cobb. It waa developed bj the testimony of witness that he had lost track of bis bonds amid the excitement ol the election contest then pending , .In other words , It "had been lost In the shuffle. " It was his Impression that It was in the hands of the secretary of state , although he had never delivered It lo him. Witness swore he had not Intentionally lost the bond. The In strument had tuibscquently been found In the attoiney general's office. Had first learned that his name was rot on the bond about the tlmo this case was being worked up against him. him.Court Court now adjourned until 10 o'clock to morrow morning. snmous ACCIUH > T AT POUT CIIOOK. I'-no Mt'it Proliiihl > Fatally Ilnriu-il 1 > > a ( SiiHolliit * KviiloHloii. BELLEVUE , Neb. , Dec. 4. ( Special. ) There was a serious accident at the fort this afternoon. While the- workmen were heating the material to oil a floor the gasoline explodsd , and two men , Mr. Gatch , and his son-in-law , were seriously , If not fatally , burned. All their paints , olla , etc. , were consumed. The amount of the loss Is unknown. A lecture on "Florence" was delivered U ° - fore the students of Hcllevue college Ttic Jay evening by Rev. John Gordon , D. D. , of Omaha. The speaker showed a close ac quaintance with the "City of Savonarola , " and held the attention of his audience throughout the address. Mi. Doud of Hclolt , WIs. , ppent a day this week with his former classmate , George A. Longsdorf. The house occupied by J. L. Hotiba and owned by II. T. Claik burned this after noon , the flre being caused by a de fective flue. Most of the furniture was saved and all losses are covered by Inuiiiance. MEO | E. E. Palmer spent Sunday at her homo In Blair. Will Flynt loft for St. Louis last week and cxpsc'a to remain there thlu winter. * The Lidles' Aid society gave an oyster supper and social Thursday at the homo of William F. Martin. The attendance wao very good. _ MA.VV JIIUUiATIO.MST.S LNTH Huiiilri'ilH of ItooniM Hi'liiK for ( lit * Milury G'ouvrntioii , SIDNEY , Neb , , D.'c. 4. ( Special Tele gram. ) President I , A. Fort of the State Irrigation association assisted the local exec utive committee today In making final prep arations for the big Irrigation congrcM to bo held here Drceinbir 18 and 19 , Two thousand special Invitations will be- mailed within tlio next few days. Secretary Callahan - han Is overwhelmed with correspondence and hundreds of rooms have already been en gaged by delegates and visitors. Tvvo IiiipK-nifnt HoiiNC-H Tall , HASTINGS , Dec. 4 , ( Special Telegram. ) Charlie Stone , who has for years been run ning an Implement business In this city , and who was one of Hastings' very beat business men , was forced to the wall today by several largo chattel mortgageu held by the Adams County bank. This Includes all his elevators and place of business at Roseland , The total amount of liabilities has not been made pub lic yet. WEST POINT. Neb , , Dec. 4. ( Special Tele gram. ) r. W. Melcher , dealer In agricultural Implements , made an assignment today , HIUMV In .Nfliriixkn. PLATTSMOUTH , Neb. , Dec. 4. ( Special. ) The second good snow of the ssason com menced falling hero last evening and has continued at Intervals since , during which tlmo nearly two Inches have fallen. The early frost thla fall has enabled the farmers to crib nearly all the crop of corn before this snow. ASHLAND , Neb. . Dec. 4. ( Special. ) It commenced snowing early this morning and continued for iieveral hours. Tv o Dfiitlix al KitlU CUy. PALLS CITY , Neb , Dec. 4 , ( Special. ) Two deaths occurred here yesterday ; one was Mri. T. J. Mason , who died from old age. Mrs , Ma ton was 67 years old. The other wan Mrs. Katie Jacob * , aged 27 years. Doth funerals took place today , the former at the Methodist church and the latter at the Christian church. A in on if the OUR Iltvellvr * . ASHLAND , Neb. , Dec. 4. ( Special ) Wil liam Palmer of Auhland received a long and interesting letter ( rom bis too , B. L. Palmer , who has been exploring the cliff dwellers' ruins and other places of Interest. He waa just starting from Santa Fe , N. M. , for a city found In a cave a half mile from the entrance of it. It was recently discovered. While In Colorado they remained three weeks with the Zunl Indians. Ho Is collecting a fine lot oC skulls , hones and pottery of the tribes that inhabited that section 500 years ago. VICTIM OF A l < AMlr KM'I.OSIOY. Mr * , llnrnioii of Wi-Ht 1'ciliit Fatally Iliirnvil nt Ivi'nrno ) . KEARNEY , Neb , , Dec. 4. ( Spsclal Tele gram. ) Mrs. Harmon of West Point , Neb , who lo visiting with Mr. and Mrs C. H. West of this city , met with a terrible accident nbout fl o'clock. A lamp exploded throwing the burning oil over her entire body. Her ciles Immediately brought friends to her assistance , but not bcfoio every pirtlclo of clothing was burned from her body and her flesh badly blistered and burned from tha soles of her feet to the top of her head. It 1 doubtful if she cap survive. XfliriiNka. CKy .NiidirallHtM .Moot. NEBRASKA CITY , Dec. 4. ( Special. ) Tha members of the Nebraska City Naturalists' association last evening gave a banquet In celebration of the second anniversary of the foundation of the society. The association lia done some splendid work since Its organiza tion. The membership consists of ten young men , each of them an enthusiastic student of some branch of natural science. Eureka lodge No. 7 , Knights of Pythias , last evening elected th ? following oftlcerg ; C. C. , II. M. Boydston ; V. C. , C. G. Bl- vv anger ; prelate , W. S. Hyer ; K. of R. nnd S. , W. H. Muttton ; M. of E. , Ed MtCollum ; M. of E. . Nells Andresen ; M. of R , I. N. Phlfer ; M. of W. , L. A. Prue. Frank E. Helvery , after an absence of two years , has returned to this city and will en- page In the live stock business. Miss Cecilia Burgert left for a visit to Kansas City yesterday. Carl and Mark Morton are In Omaha , Hi-Id Up HU Operator. PAWNEE CITY , Neb. , Dec. 4. ( Special Telegram. ) Night Operator Ncvvlln of the Burlington , was held up last night at the depot by two robbers. Ho was sitting In the waiting room , when the window near waa broken In and a revolver poked under his nose. The robbers proceeded to ransick the office. They firs' visited the express 'com pany's safe , and badly damagid It In an un- succpsaful attempt to open It. Then they pro cured the keys of the money drawer from Nowlln , and on opening It secured $ i > . They stripped the coat and vest from Newlln's back , containing a silver watch. When they had finished their pilfering they took an eas'crn course from the depot. Newlln man- age.l to get to the section foreman's house , opposite the track , and aroui > : d him. They started In inirxult , but lost track of them. This Is the second tlmo the Burlington night operator has been held up In this city. Fnlrliiiry Miichlnc Shopx lliimvil , FAIRHURY. Neb. , Dec. 4 , ( Spfdal Tele. gram , ) The machine shopy of the Falrbury Iron works wore destroyed by a fire which started In the offlce thla evening. The build * Ing was owned by H. II. Todt , and w s worth about $2,000 , with $500 Insurance. 8. A. Seymour had about $1,000 worth of ma chinery In the building , which Is probably rnlmd ; partly Insured. Charles Simpson , who operated the- shops , lost $500 , without any insurance , ( Jiillty of I'flll I.nrrenv. GRAND ISLAND , Dec. 4. ( Special Telo. gram. ) GeorgeH. . Shank and A , W , Ralston , who In July lait attempted to carry away a pile of steel rails from the Union Pacific yards , were arrested , received a preliminary hearing and were held to the district court to answer the charge of grand larceny , to day pleaded guilty to petit larceny and wera fined $50 and costs and sentenced to jail ( or flvo days. _ _ _ _ _ _ _ ttniitll Failure nt Crete , CRETE , Neb. , Dec. 4. ( Special. ) The. grocery store of E. E. Ilonton was closed under a chattel mortgage labt night , L. P. Matthew i , father-in-law of K. E , Benton. holds a cbattel mortgage of $2,905 , which very nearly covers the secured Indihtedneits , Matthews having carried llunton for a loner time. Total debts will amount to about $3,000 , The stock will Invoice about $1,600. $ CuntAKiilimt Hie I.iuiriulii CHARLESTON , B. C. , Dec. A. The case against the steamship Liurada for alleced violation of the neutrality lawn of the United States , which has excited so much attention recently , was postponed today until Friday , Decemder C. It 1s thought tint ow ing to the great complication ! the ca wljl bo heard by District Judge Broley. . .