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. . .
