The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1868-12-26

in the evening
sherln Morgan. sworn-I have the warrant under
Mr.. Twitchell; know that the property was rented
nom John F. Starr by Mr.. Twitcheil; never had an
interview with the latter In reference to the rent OF
the property; / remember sending a notice to him
by constable do not think got any answer to IT,
Mr.. Starr Is not In court.
Edwin +. Morgan, sworn-I am a member of the
nrm Of Morgan Son; Mr.. Twltchell is In our debt
to the extent OF $3.50; partly by note Of his hold
started his establishment in Camden in May last;
the work we did for him was done about three
Cress-examined-He purchased o steam engine
and boiler for ,200 he paid $500 and gave his note
ior tne rest; ne paid the note promptly the note
Friday
VIM. Gregg sworn reside at lo2l Clinton street;
know George 3 Twitchell, Jr; last June he applied
to me for the loan or money
Counsel for dcfence-I do MOI think that thir loan
OF money has ANYTHING to do with the case. 1t does
not prove that ne was SO sOrey pressed then that
the loan be considered as having anything to do
with the case. You might with equal propriety
time.
The Court overruled the motion.
Witness resumed-The amount was somewhat
under 8, 900; did not loan the money.
The Court-We were under the impression, when
we overruled the motion Of the prisoners counsel,
jury will therefore please dismiss from their minds
the statement just made by the Witness 1t Is not
DR.. shapleigh, recalled-Mrs Hills hair, on the
morning after the murder found confined in
cap by hair pins and few teeth OF Q comb; the
cap covered the middle part or the heads II extend
ed down to the ears; the back hair was closely
fined IN q hard roll; took 1t down. the front hair
was somewhat dishevelled; In taking 1t down had
Cross-examned- not remember whether there
were beads on the cap; 1t was thick woollen cap;
II covered some OF the wounds; found the skull OF
the deceased to be very thick; the hair on the head
was very plentiful; the cap was also quite thick,
cap was soft and the meshes were apart
BY the Conrt.The top was saturated with blood;
dS not ba aak the cap the wounds
being cut; the cap and hair would not ofrer
any very great resistance, but the blow or cut
without cutting the cap or hair; this fact would
denote that the instrument used to make the wounds
was blunt one; do not know whether the cap
was tied under the chin or not.
Detective Taggart sworn-I made an examination
OF the safe at the prisoners place Of business at
Counself for defence-I do not know Of my own
knowledge that the safe examined was the prls-
furnished with key to open 1t; it not given to
me by the prisoner.
Detective Warnock recaled-I have tried to get
Mr. Starr to come here several times, but he has re-
fused went to see him by direction OF the District
Attorney: he lives at Camden, NJ.
found not to be present. One Of the court officers
depOsed that he had served a subpoena on the chief.
The Court issued an attachment against him.
]. M. Fletcher, deputy coroner, recalled-AmOng
the Keys found In Mrs. HIPS house was safe key,
which gave to Mr. Lam0n.
me gave it 70 officer Taggart to open the safe with;
Twitche told me that his place Of business was In
Cooper street, Camden.
Oficer Tagoart was here recalled ana asked what
he had done with the key.
Counsel for defenceI object for the reasons, first,
that there is no evidence that the safe was the
prisoners; second that there Is no evidence that
Twtche!l had ever had the key In his possession,
and third, that no evidence had been offered con-
Meeting tile prisoner with what was found In the
safe.
The Court-In our opinion the fact that the safe
tau tlpofx Hi
house Is sufficient to justify the admission OF evil
dence as to what the safe contained.
business papers in the safe; | found his account
book with the First National Bank Of Camden; the
bank book, q note book and an unrcceiptcd bill
and Sheriff Morgan were In the building when
went there; returned the keys to Chief Lamon.
Taggart returned them to Deputy Coroner Fletcher.
Deputy Coroner Fletcher recalled gave all the
oe 20 order me- IN
Counsel for defence-Mr. N. OByrne win pro-
duce all the keys he received, and Mr. Fletcher can
select from them any one which he may think ~ the
key OF the safe referred to.
District Attorney-Wc ask you for bread and you
Counsel for defencc-we win give you, sir, Just
what we have received.
Bunch OF keys produced.
Witness-I cannot swear that one OF these keys is
the key OF the safe; tho bunch looks like the one
had in my possession.
Counsel for defcnce-well, You can identify the
whole OF them In bunch II you like.
District Attorney do not want your keys; we
want the papers folud In the safe: :,
Counsel for dcfcnce-The court will certainly not
require us to produce them now; we will want
little time
The Court-The counsel may produce them within
an hous
District Attorney-Here's q list Of the papers we
Counsel for defence-onicer Taggart, can you
identity these keysS
District Attorney-I should think your client
would be the most competent person to identity the
key.
Counsel for defence-The articles on the list are
Derby WetherDvs note, the bank book and Van
Leers bills. We decline to furnish them. ,r,u
receipted, amounted to $19s; the Derby Wetherby
bill amounted to $3.50 50; the balance In bank book
due to Morgan 4 Orr for $500.
District Att0rney-I now offer In evidence the
noSs u pece OF coth and the msed
by Mitchell In bathing the head OF deceased. And
wonld here state that am perfectly willing that the
defence should take oil the clothes and the other
stained articles to be examined by an expert, pro-
vided proper regulations be made to guard them
against any sort OF inhalation injury Of any kind
Ana here the prosecution closes its case.
Counsel for the defence then moved that the va
rous articles be tomorrow taken to the Grand Jury
room and there examined In the presence OF certain
court officers by such expert experts rs the pris
oncr would select aud under whatever regulations
the Court might prescrib-.
The Court-This motion Is granted. The time
fixed IL changed 10 Saturday morning, at half-past
nine O'Clock. The articles referred to may then and
presence Of the judges now presiding. counsel for
the prisoner aud such experts as they may select.
Counsel for the defeuce-We asked for time to
consider the acceptance OF the judgment OF the
Conrt
The Court-we have no objection to allowing time.
Counsel for dcfence-We would ask for the cxanl.
nation to take place without the presence OF the
Court.
The Court--we have deemed 1t necessary that that
addendum should be made to the order, because In
our judgment the responsibility OF the desired
1t. Its not In the range OF possibility that the pre-
sence OF the judges would affect the experts have
thought that the dav had long since passed when q
jury could be found TO convict In any land upon the
prejudice even OF judge.
OPENING or THE CASE FOR THE DEFENCE.
The case for the defence was then opened by Mr..
J. r. Pratt. Upon him. OF the junior counsel, he
said, had fallen the responsibility OF opening the
case, and In doing so he should follow the example
set by the commonwealth and state briefly, IA briefly
a the Importance OF the permitted, the Ing
points OF the defence, leaving to the witnesses the
particulars of that testimony. The jury were
probably well aware that this was the
frst time that the prisoner had an
opportunity to nave single word said
an Ia bsbQ Erpu ba fat nj utUh nf no