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About The American. (Omaha, Nebraska) 1891-1899 | View Entire Issue (Feb. 9, 1894)
o ( THE A M E RICAN, (5 UNJUST SENTENCE 1 li ' ; I I ( f I HO p-1h tutwa; ty tt . r. w ft lliibw f IHc tilth tit Whir ! ttstifwl 'rHTriln( n Ihf I'M I f hf I'rtWHIwHwtli A rACKtt) JUMV. Vt, rt Iim it ate Untile ii.m tu. l!" f'ii U-iniiio tviitt h. Sin h I H,e I'HM Wttl Hie ttimatiit lit till' I'flitsU f Kii litv nfitih-t I likl.fp J. V , 1i'Nntti:i-n. The p j of H1 ci'j Ami I mil s iitli'itif, Mn, hit inrnyiil Is-jotn! the Hicr of riiiliirtiiiii', No SOttl luii' Iti'lltlll'ltt lulu lirf bet II tmuglt before 1 li ti) it In the .tl since the death of 1 lie Spanish inqnUI linn. The iri'iittncnt ncclvttl by the hit-hop front the ullli'lnls of county cannot Im ul in print . Sullleo it In nay Hint nothing short i( starvation Bin! death won hi Hiillii'i lln statement. Tho abuse which ho ha endured, and lllllliy Hhll llHVll attempted 111 assist him, In too hit ho uml profane lo come a a repented scr.'.enco from the tnoulh of a mint w ho him tho slightest hit of self resjH'ct. Written tct-timohy run produced to thin effect, tit any lime. Men ilo not fight Godly touching, hut they ahhor the dlabolleiil net of men in whom tho enforcement of lawn lire reposed, nnd who make the lawn jailM cul purposes, and corrupt their power for persecution and gaining strength with such an element an will sustain them therein. Tho trial of Bishop J. V. MeNamara before Justice Nichols, of Indepenilenee, Mo., where a change of venuo had been taken from Justice Latshaw's court, In Kansas City, wan nothing more than a tribunal of inquisition with tho entiro court of tho prosecution an inquisitors. The case wan called about 10 o'clock on tho morning of February 1, 18M, In tho lower court room of the county court house, with an over-flowing aud ience. Tho charges accusing the bishop with slandering Priests Dalton and LIHIh were revised by tin) prose cuting attorney, Marcy K, Jlrown, bo fore tho trial, so that they could bo niado to "stick." Before thm time, at leant one day, a Jury had been sum- morion by tho jiroHeeutlori, Tho attor neyit for tho defense argued that tho jury previously called should bo nut aMide, an those who were Instrumental In procuring it were prejudiced. Justice Nichols overruled tho motion to set aside tho jury, saying that he know nothing of such a jury being (turn moned, but admitted that it had been tho custom to prepare a 1 1st of jurors, to nave thno in tho procedure of tho court. Marcy K. Brown, prosecuting attorney, became very wrathy at tho statement that a Jury had been summoned, and said that "it was an infamous false hood." Attorney Burnharn, for tho de fense, asked for proof to bo brought into court to prove his assertion that a jury had not been thus summoned, and ntated that ho believed that Marcy K. Brown had been furnished with a list. This cooled Mr. Brown, but Justice Nichols refused to order tho constable of Bluo township to summons a new jury, Tho pooplo bavo become very Indig nant that tho officer who would have presided In tho Latshaw court had fol lowed the case into another township and another court, and took tho place of the officers who should have pre sided. Tho case mlht as well have been tried in Latshaw's court, as the only (IIITcrerico was tho Justice who presided. The first ease was the alleged slander ol I'rlest Mills. A bard fight was madn to secure an unprejudiced jury, but it was not accomplished. The witnesses for tho state were: Kdward A. Brlttan, of tho 7'ms; John W, Booth, a policeman; Andy O'Hare, a policeman; Jas. I). Mackey, ICI Oak street, a paper-hanger; Jules C, Boson berger, of tho Mr; Arthur Morrison, cx-deputy from Latshaw' court; Officer Cloppor, a policeman; Frank Dally, a policeman, and Frank Oilbins. Tho evidence obtained from these wltncnsen was virtually word for word on tho points probed by tho prosecution, and answered with nrnllen and ready ro spouse, but when questioned by tho de fense tho witnesses became evasive and orno Impertinent. When Mr, Brlttan was asked by tho defense why tho word "bishop" was placed in quotations in his article In tho Tivu, ho replied: "To indicate that he wan not." When asked If ho knew that J. V, MeNamara was riot a bishop, ho answered: "I know noth ing about It," When asked what tho bishop did when stones were thrown through tho window of Turner hall, on tho night of January 10, at tho lecture, ho answered: "Appealed to tho crowd to keep cool," Ho also ntated that tho bishop read from manuscript or book part of tho time, Tho book referred to wan Kenrkk'n "Moral Theology," Mr. Booth testified that ho wan on duty at Turner hall during tho lecture. He ntated that he wan a member of tho Catholic church, and that ho had lived in Independence at a previous tlmo. Ho claimed first that there wan "only one disturbance that wan when they were leaving tho tall." lie stated later that 1 HV t In i n ,1 It. t ' t U I 1 1.1 ) 1 . ! I mul It ' il (,. il, V till' Im., I x It..- I ,.!.. ). " M M I.. r tlx kf S lit 1 !' 1 '. I t.l- ' t,. in. .t l M 1 1 1 t.Kl IHinnt W iii!i'l In iinl iii.ln .1 I't lite ii ittn-h til ti e iitlnl Hit ti i Id ,! ti nt In' mi" .I I 'sHmiIic, t ill "lie ll f In lli-1 li'iH h " Tint tin-liiliiip "nlinil m!t hi I liii'ij. Ii lit lii "in w whin I In tlii Mi " Hi etltliitiv i. ii, . hi Ii nil bill mn' r tn nii l. Mr. lliKi-nU ii' i, "I tin' .Viir, letl finl lit lii'- wtili tl.n mliim on Hit "li Til;t.' mihl," . trtl. .1 Hint Hi bi-liiip l.iiil a lunik In hi' linml, Him h l,e m.i.l vis. 'KHirl.V Ti.i i.I.v),' i..I!I II. nl lihiip tliijfitn liti.l tie' Ihsik In In. II'IIHI)," 'I'lli. I. III!' Is.'ll Vlllill) Hiliiip.t, V. Mi Niiiniii it liiim it hi. let l lire lipnli. ll'nl li'i li he tjntili il (iniii, uml t li,i bimk ttliii'h it tuliil oiil if court lis e hit lite of wlint Hie hi-lmp .iilil III III" h I'lul'f. At'l hut Miirt leiiii i liilitieil lii lie ot Hie Mil In hI in t fiillh: Hint he iiii r ili piily from l.ulxliiuv'. cmul; Uml he hail w rvt'il for about Uu IihuiIIim, but was not a deputy now, When iihh tinned by the defense he grew Impudent and evitnlvo. In answer to que-sHutm rcgitrillni; tho bishop quoting from Kenrlek's Theology, mild "lie h:ul a Ismk In his linml," that when rocks were thrown through the hall windows from the Hillside, that the lilnliop mi hi: "Let the Dalton gang ennio on " He staled further that "no one in the hall created a disturbance," although it man had been ejected from the hall for call- tii V ni-.l I -vi i ! Ii ing tho bishop "a liar," and which faotiJM77. The further tijstlmony was cut had been given In evidence, oil by an objection by I'roHccui.Ing At- Officer Cleppor nald ho had been a member of tho Metropolitan police force for nearly nix years, and that he wan on duty at Turner hall on tho night of the lecture In question; that Ms par ents were Methodists, but lie was not a member of any church. His version of tho points In question were similar In wording to tho others, Mr, Daily, a "supposed Catholic," or an stated by hlrn afterward, "I am sup posed to ho a Catholic," testified that ho had been a member of tho Kansas City pollco force for flvo yearn, and wan present at tho lecture on tho night of January 10, last, and verified tho sim ilarly worded statement, "parrot-IIko," as given by other witnesses for tho Mate, Bo nald that ho lived near Tenth and Michigan avenue. In an nwor to a question of tho defense: "Aro you the officer who Informed tho mob of tho bishop' whereabouts?" reluct antly replied, "No, sir," that ho wan In cltl.en'n clothes, and remained In tho hall during tho entire lecture; that after tho lecture ho wan at tho rear of tho hall, on the street, and run around to tho front of tho building when ho heard nhotn fired, but did not neo them. Bo wan asked: "Are you a Catholic?" and replied: "Yes, nlr; nupsised to he." Mr, Crlbblnn wan next summoned, an tho last witness for tho ntaln, hut failed to assert bin mime on tho stand, Bin evidence was of little corisrquenee. For tho defenne, L, A, May wan plaited on tho stand, as a selection from tho thirty-nix witnesses who wero called from a list of two hundred or moro in all. Tho court "ruled" that tho defonno must limit it to tho name iiumiier an wan lined by tho state, Mr, May based his testimony on shorHiand notes which ho says wero taken at tho locturoon tho night of January II, JH01. Bo wan questioned regarding bin capa city an a stenographer, and ntated that ho wan not a professional, but thought that ho wan accurate. Ilo camo In to f J i (.ill,., I it Una 111 I In- j I hi .1 ,1 ni'l lnt- ttt Iiimi Ii ln.t ..4 , , . I .,, ) uni. t Is t I i (ii In I , t i i ... - l aii ki i m iii ii:m-, n ! k inn , i Hist. HM. I tt at "In lit . I Ii -t't i In-i ,, n, ,l m i tl.ii II t.nii ii'iittn : ,1 . ' .t 1. ' .111 I L I.' It L till h I t I ! : I- it k liMii-tl l Hi- tM t.t n tnitiml ! tit 1,'iw 1 1n i nli liit I" ni n nii lii l,.,, iu I mul ,tiii. hi In rir tMiii i l ulili ii'Hiiin r li lull-' thej itiii In t tkii lisji- Hint It n Hu i rlm I Wi'liHlitf "I Hie blli"' ii i h I I'niMi'iillint AHmln i llni h WiMililj Mill llii' tnl , - S- lie lis 1 it. Hi it H'H ': tiiili In the 11 n.-.-, till, wlii'tt tlii j j nulil Ii f ni Hie Intigntit'i' n (In)! l.ii.lt. .l..i,l II... lnHlM,,, 1 ,ie .rti-l II,.; ,lnUr (i, i(, A ,, A )m, u . '"il.l ikMioie II,. ir I, .l nml ivml in. qui m ion iii'tim h 1'inini) iimi i yiifll II, lilul lit limiiil Hie tin . In Hint, i "ji or tin," Jii.tiie Mclntl. Met ii i ii. il Mr. Brown In Hii Ihiimuli Hie HitVe ll'liil, lt,liig lit fiiiie Ho Mitin,..iM fn- Uu, lied me In it ply In qiii'-tii'li. bl "Jen Of tin," Wilt II He y It lit n llrl'llt Hill tlilll il VUI. it llili-l nrtlly ih oil lo try mul toice it linens to sHeiir lo it lie for ft ti r of h, leg prom" cul, il for contempt of courl. There wan no junliir shown Hie defense by the proHceiitlng attorney or J uxllee Nichols. Bishop , I. V, McNiituara whs placed on Hie stand and testified Hint he was a ri sldeiit of Brisiklyn, N. V., ami a bishop of the Reformed Calholle church. Alio, that he was Isihi In Ireland, ami onlalued In Hi, In Paris, France, lie was a pustor under Bishop Hihhous, now Cnrilliuil (I'ibbons, when located In Itiilrluli, N. ('. He rcuoiineed the Kiiiniin Catliolie faith In Hcptcmhcr, DRILLING THE ENEMY! The following item ought to be of startling interest to Amer icans, as indicating the progress of the conspiracy to unite church and state, with the state inside the wolfish church: "Captain John Dunn, of the Tenth Infantry, has been ordered by the Secretary of War, Lamont, to report at the Jesuit College of St. Francis Xavicr to take the Professorship of Military Science at that institution." Very recently a military instructor has been placed in Seton Hall College, New Jersey, another popish institution. It is surely bad enough to permit the forming of Romish military companies, without furnishing them with arms and discipline at the expense of the government they are sworn to destroy. Will Americans even now fail to see the urgency of the necessity of enrolling themselves in the A. P. A? If they do not, they shall be taken unawares as surely as past history can certify to the treacherous character of popery. The man who hesitates any longer is unworthy of respect. Primitive Catholic. torney Marcy K, Brown and the decis ion of Justice N'lehols, Tho bishop stated that the lecture at Turner hall, delivered tho night of January IHOI, was on the subject of "J Ionian Theol ogy," At this point tho defense made a strong argument against Marcy K, Brown to allow tho defense to Intro duce Kenrlek's Mural Theology, as evidence, and quote from It such parts an were used at tho bl.hop'n lecture, to provo that tho words wero not those of Bishop J, V, MeNamara, but tho teach ings found In Keurlek'n Moral Theol ogy, Neither was bin manuscript of tho lecture allowed an testimony, Mr, Marcy K, Brown's conduct was unpar donable In upbraiding tho witness. It was unfair, unjust and undeserving In all, It was tyranleal, All written and printed testimony wan shut nut, J. A. Westenorland wan tho next witness, Bo Is a contractor living In Argentine, Kas. Bo was present at tho lecture, but testified that the charges wero not given at tho lecturo as ntated In tho writ, Bo wan asked: "Had such a statement been made, were you In such a position to hear It?" Bo replied: "Yen, sir." J, D, Fulton wan placed on tho stand and tentlfled that ho would not have been present If ho could have hol-sid It. Ilo suited Unit bo did not understand tho bishop to repeat tho language as charged, ' Marcy K. Brown Inquired If Im wan an A. 1'. A., to which Mr, Fulton replied in the negative, J, K, Blordan test! lied Uj tho contrary of tho Information, and said that he was at tho lecturo tho entire time of Its delivery, Tho evidence introduced hy C, M, Bines was against tho charges an stated by tho state, Mr. Illnen tried to give the language of tho bishop at the lect uro, but Marcy K. Brown would not have it that way. and woul l ask tho question an ntated by tho ntate, and de mand an answer of "yes or no." Thin lasted for nomo tlmo. Tho witnosn ni l ii li't ! !; t ' i li-t i ' I to ii ' '.k.k ii iv . i.. , I'.. 1 t l t,i- li -ii 1 1 A I'll !a " 1 1 ) (It l if 1 1 i nt Imi! t ill , I 1.1 t l i t t.l I ' l,Vi it " 1 I..' I . I .. j I Hi 111 tii In- l.t'liiH (li, tt " Hi' Hi It 1. 1 H.l (I'lntlll',,,,! 1 l,t 111- I, i I, (! .1 t lit tl,l 1.1 I . 1. 11 11,1 li' fi ttH' llt (Kill I I II. I I I,, (,, (i ,, i t.1,.1,,1, wl.ii wiiii1 ,,.M ,i .) i, l, , ,, ! M MiMilltii i in the ntfiiiil fit "mi' 1(111,111, mill hi t'Miiim't it tiitnl H f i :;: ft t,i- iiisi. Mi Hin , el lhe pi nci titimi, lilitl it I J mi mm In If. t into II, e . i ivli i l the ' A, HiiiHItflt hlllt. I'Ml (illli il W in li H.Wnl l' III" hiiiH i nl iiij nl lot in I It li" W sun ,, ,, H. ,, ,. H. .,, , It At u r hut inti I In' i tmi I iimni IIihI liit'lil he tAn. ii Mm It ill by mi lie IiinhI tiln. The ,h ft iin slrmifly nn'iit'tl rtffiiili'tt Hie IHH'iilli il for iIi-Iiiiiii liil loll tj Hie .iiii", after which Hie ciimhah. then lo Hie Jui.l, which "huiii," ami was ili"' nil.wil nlt"iil Ii n o'clis k Sntiirilny nun nlng, Fcbi iiitry The stitte has lulu n tin further acllnii. The 1'itse cluirjiliig lllthop McNaiiiaiit with nltitiilcrliig I'i'IchI Ihiltnn whs clilleil at II o'clock Frldity nim nlu;, February ", while Ihe Jury "hung" on I'rlest . 1.1 Ills' fiiH.1. The jury In the 1,1111s vu.e ealled for a Iran. hit Ion fi oin "K'eiii lck's Moral Theology" of such Milntsas tho IiIhIiop hint useil in his lecture, provided m niio compeU'iit I.iiiln schulitr would trans late them, as the Jury desired to decide the dlshop's case on this point. If the hook contained tho assertions he would be acquitted, and If not he would lie found guilty, Thin request was over ruled 6y Justice Nichols, In the Ballon case tho defense made a strong argument for tho countable of Bluo township, of Nichols' ton rt, to he allowed to summons the Jury, stating that Marshal Htewart was prejudiced; also claiming that no 1 toman Catholic should be allowed to sit on such a Jury. During tho argument Marcy K, Brown made tho following assertion: "Be llglon does riot cut any figure In thin case, This clap-trap stuff," etc. In reply tho defense said the state did riot conduct the case with fairness, Mr, Brown said, "You aro stating an obtuse falsehood," In regard to tho Catholic question, Mr, Brown said it wan i !ap-trap and balderdash injected for a purpose, Tho following In a list of those called an Jurorm by Marshal Htewart, an tho plea for tho constable of Nichols' court was overruled; Snl. KniiipMin, no clmrrli, Win, I'u h ii y, ChiIioIIc; linnrd Mm trial. J no. l,Mrkln, ('Httiollt. I'ulcr (lick, wife H ( iillmllc, Jon line loir, (.'nl hoi lit, dirts. Vlth, (Jurniiiii hutlinrun, AmhriHui l"li, not known, Jacob Tur'ijr, Cat hello, A. MeMllli'ii, Catholic. I'lit (Jlciini'ii, ChMioIIc, Win, Huston, irlfit a CmiIioIIc lilcn, Cslliiilltr, from another township, Wellm l, CiUholh!. Win. HihIiIs. Calholle A. Y. Anderson, l ft, I'udiliN'k, not known. John Vail, Calholle. J. Hni'i'd, ( ir(,i il opinion. V. Perkins, works for a Cat luillc. Wm, JiMi'iih. hits lim'ii a Calliullc. I'oii ttit y. Calliullc. Win, Stanford, Hiiillt. Jan. McCliwky, Catholh'. Ana Duncan, Cittlmlli' sympathizer. Ilciiard, wlfn a t'litholli!, lUilit, Cainplii ll, works fur a Ciitliollc. The following named nerved on tho Dalton case j try: Hoi. Hainpson. no clitirch, Atnlironn Uh, not known. Asa liuncan, Catholic sympathizer. it, I ill ki'iti -l I .11. lit . I k tl "I i-, I i. ,.!...,!, t Ii. inwul i. llml ,- ' it m inl'i itt i,it,,'i.l lt lltiMt-)Htt, Hi' I l wi n' ilu itl. il In i hint h nlnii-., s'nl tl'Sl lit' H"ti. ' It- II lit C 11) tlmt in. I Ntlintii' -Ii. ( itnl It-i put nit tin, j n j, i,ni llml a t'eoti'ittMil il.nll not Kt on lite jmt " Tin- ih fi'tine tiintl'i nniilltt t1 I' 1. 1 In Imii li e eiiil.tdlili, nt H Hi' l'i hi-hip iiiiiiiiiiii Jut i, nml lime I lie iiiMn i l"lili. pilliiit I ml nl..' I i lo ".tu In I be slli I niwli Ittt Juii lii bitu iiii pnitin li il 'I iii' ii'in I ii nib i nl n 1'iinl ili i 1 It'll ll ttl 1n I'lvt. - I lil t.,tu. (,(' niiiiMiiiiii tl, iiiel Hint llil. uliiiiil.) Ii n pi ! iioiii' nl il' i'tiitui Tlie I ,n,i .(iiil, liiiMt vi r, hiilf'l lo gt'l mi (lie Jin t , nml II wii sillltil it. nl.ne nfier li'itliil to t.Mitiic!il, w il h nint h "cliiptnii nml Iwililetiln.h" a 1 1 ioim by Mr, llmne, ami an I'lit iy.'iie itpis ul fnun t li tic fchti for jiinl ice, Mr. Brown, for (he stale, In hUstiilO' tiieiit to the jury lit tin' opening of Hie case, nahl: "The lest Iniony ,iif Inie, uu Inlei't'sled it Itiii'sscs will 1st so over ln lining that they (the il, IViim') iiicd not intioiluce any eililetice." The wllliesHen for the stiite were Mr, Kilwanl II, Brlltnn, Ollleer IIihiIIi, Andy O'lhire, Jules BosenlMirger, Arthur Morrison, .las. II. Mackey, "(imcer" Dalley, "Ollleer" flepper and Frank (!rlbblrm. Mr. Brlltnn was the first witness placed on the si and In the Diiltou ease. Ills testimony regarding Ihe presumed slander of Fries!, Iiitlton was somewhat like that given in the Tlllls case, Tint charges by the state being identical in both eases charged against Bishop Me Namara. Mr, Brlttan was very evasive, when questioned by the defense; only short replies would bo given, WhenOnicer Booth was asked If the bishop read from manuscript, ho re plied: "I did not pay any attention whether ho delivered It orally or from tho manuscript," that he had boon a Catholic, but was not now a Catholic, hut was riot now a member. Be was Inside the hall, by order of tho lieuten ant, to see that there was no mob violence. When nuked If such was ex pected, he said t hat there wan "some anticipation on the part of some Hiople." When O'Hare, the next witness for Hie state, wan asked by Attorney Burn ham testate what church he tsdongod to, he said, "I'm a Catholic," Attorney Dumhaui, for tint defense, then asked him: "Do you rememtsr saying to mo that if you had your way of It you would take him (tho bishop) down and throw hlrn In the river?" Mr, O'lbtro replied: "Yes, nlr, I did nir." Bin evidence regarding tho jtolnt pushed by the state wits similar to tins others on bin side of tho fence, They all neerned to have their part pretty well inomorlcd. It was queer that so many men could give a word for word quotation without man Ing notes and testify to it without a moment's hesita tion nomo two weekn afterward. When Mr. Bosenls rger, of tho War, wan asked to testify he Isicamo as clear as crystal mentally, and rememlHired everything distinctly, no ho stated, and claimed that it as all duo to tho read ing of Mr. May's "short-hand" notes In tho Llllln case on the tlay isjfore, Kven with this assumption bin evidence did not vary from tho state's other wit nesses, although Mr, May'n "short hand" notes did not agroo with Mr. Ronenborger'n review of tho blnhop'n language. Mr. lloBonborgcr wan very Hi l -t..i W It, U.l.lr I ISt i". ',- '. ,1 I i,,- llllt, 11,1 1 till ill II I tit ,.f it,.- v., , i m i uu 'i tit I !' Ill J H dill, I 1 I I M I I W it n t. I lit tt .! I.i Sit VI !,,,(, ,,,) f ,t- t.,. t t'il ' t I lvl jM40 l Hull ! n,i iiu'i ," H'wm Ii ii, . i i i. t, t , ' I U on, I, ?,.i It " Il wm ,1.1 pioiic t'tvn tit.!"ti bow nil 1 iiii,il mud, I i - in, tiil , - I1,. i nt, 1 win, ting of H 't tut. i M l Mm, h , ili SI c tlm! i ', , i k ,i.-. i linti a, Wltii II tinil. tsltii Himul it hull hit ii lii It'iitl, i tiitltl In )-iliiM i i m l, mi I nt Hi,, utm,, l,i, all-m t!t 'It n'ul li'i ,!i A of tlic t,u I, Iti I ' Vl i i il tu il i it Mr. AHfit tm i i'.i'ii i m i(ti", i i, mill, In II p'liii tl tm tin' tl, mil, ij. tilting t lll pi I, t I.. I , l l t iC lli-.ll.lll . 1 l.l win II Uu' ittli) ! I I in, I, r Wiii i tnkeu, II" Kill, I, 'lilt Ibi ii t tttiii. III t Mini Hull Hit tit l I III li'ilnl tti I llti III In t i 1 1 t of tie' liil'ln," I il t '-I)' i I iiij; Hit' t li Hut tt lib net' on III In I ili", 1 1 w in fou ml Hint I he lib hup W im oh H tlu.'i'll or 11 1 1 H i' t) I f -(clt lit piil l-i of llin slii't' nl Ihe miilul Hiiic, 1 1 Is ev lileiiei' was "In lino" with Ihe nl her state wHiu'shcs rcpinling Hie Wlll'lllllg Itf Hull' Hpi'l'llll polnl, Ho hl.-tli-il that he wits a "collt'cior " ami hllil bi'nii a "deputy eoiiMliilile under Mr, Sihin In 1 .nUluiw's court," When ithltcd alsml the sIiimiI lug In the street wheu the bishop was ilrlvcti from the hall and wiischnscd by the Infiirialeil mob, ami the driver being shot, ho hiiI, I: "I believe that that, mini (nod ding toward Itltthop MeNiiuiiira) there shot. Mm," He also stntinl when nskeii If the bishop tooa lire-arms Into tho carriage, that, "I saw him come down with a gun and a pistol," Thin was nisltlvely denied hy Hid next witness for tho slate, Be also stated that shots were II red from the carriage but did not see any fired at it. The next witness for Hie state, John II. Mackey, tentlfled iu harmony with the others In the principal points, hut like the others, could not liiinnonle In other questions propounded by Attor neys Buruliiim and Klliot for the de fense, In answer to a question by At torney Burnluim, lie snid; "1 was bap tized a Catholic." It seemed as If At (orney Walsh was Interested In the ease an he dictated Ireqiiently with DroHeoutlng Attorney Brown. When Mr, Mackey was asked by the attorney for the defense, Burnhaiii, Iftheru were shots fired from the hack he replied: "Shots camo out through the hack window," and when nskod how many ho said, "Two," When asked what tho bishop said when the man In the gallery called him a liar, ho relplled: "Bo nald, put that man out," When asked hy Attorney Burnharn If the bishop read or referred to tho hook, "Ken i liik'n Moral Theology," ho answered: "Bo claimed lo read from tho book In regard to different connections." Ollleer Dalley, of the police force, followed tho regular formula for tho ntate. When asked where the bishop wan located when ho made tho alleged remarks of slander, nald: ''Be stepped out from the table to the edge of tho platform at the time." When asked where he wan located in the hall, nald: "Upstairs, In tho balcony, In tho south east corner." In answer to the ques tion of tho defense that rocks bad boon thrown through the windows, and that tho audience rushed for tho door when the rocks wero thrown, ho said tho bishop advised the people to "keep their seats," that "1 (the witness) am supposed to 1st a Catholic, I wan not outside the hall at, the time of the lec ture." When aikod what transpired outside the hall, he said: "I heard some revolvers fired off, and I ran around to the front as tho hack drove off," Ollleer Cleppor, of the police force, staled that ho whs sent to the ballon the night in question an an ollleer of the peace, Then, In reply to questlonn from 1' roseoul.lng Attorney Brown, gave the similar routine of stale evidence regarding the alleged slanderous words; that lie was not a member of any church. When asked if there wan any dlstiirb ince in the hall, nald: "I boliovo one man called him" (tho bishop) "a liar," Be further answered to ques tions that "I was Inside the hall all tho tlmo before It (the lecture) commenced until after he (the bishop) got In tho carriage," When asked about tho missiles being thrown Into tho hall through Hie windows and results, ho said that "Horn. one In tho hall was hit by the bolt," The information wan Klvon that "It wan nomo time, a I unit a half hour, I think, that tho bishop re mained In the hall after tho audience had loft," also that tho mob chased after the carriage after tho bishop and bin wife had entered it and were driven away. When questioned alsiut tho shots being fired out of the carriage, ho stated that "There was four shots fired out of tho carriage." Also, to a question, "I Is-llevo there wan another man got In," Be wan then asked if ho was sure that another man got in tho carriage, answered, "Yen nlr, I'm posi tive of It." When asked by Attorney Burnharn, "Did tho bishop carry a rillo with him Into tho carriage?" ho replied, "No, nir, he did not. There wan a man with him who carried one of these Winchester rifles into tho crowd." Tho last witnosn for tho stato wan then examined, a Mr. Crlbblnn, who .1 I .1 1,, 1 1 ' .1 I ., , , I -' . in ! i ni 1 1, .1 I i Continual on Page I.
