Daily Davenport Democrat. [volume] (Davenport, Iowa) 1864-1874, 1869-01-07

luz ossOAe1A'nataou VI yvuUB aVoOss
which was going on a. ws went to press
yesterday ELECTED no new points 10 the
ssss. nor did it materially change the bear.
ings OF the direct testimony.
DETECTIVE L. J. csXTHR
was called next, and testified to bsing
employed in the case BY Mr.. Brown, Mr..
Noses ;sttorney visited the place, had
some conversation with Nr. Moses, and
that Mr.. Moses told him that be suspected
hired man Questioned ~ to who o.
what frss directed suspicion towards de-
fsndant, objected TO. Was then asked
who dr.t spoke defendants name. answered,
Moses did. Testified TO measuring track
out on ths farm. Right track was dat
the left track showed heavy impression At
be toe, With dirt broken away - If done
BY tns toe of the shoe in lifting mp the foot
to advance. No such peculiarly about
the ri,h. track. Foo. seemed to have been
placed squsrsy upon the ground and lifted
with slight impression on inside. Track
measured 2t inches across heel. 81 across
ball, / l inches long there L,wyer Hubbe!l's
foot was measured and found to correspond
sxae,ly) Witness measured With stick
and then msasared the etick. Did not
measure length Of pace other than by eye.
should think i. was tri1e over three fess.-
Followed defendant in the city, measured
his track, found il same size. Should
think length cf pace in city was little less
than cut on farm. Was asked BY Attorney
Hubbell if he was expert in estimating
distances by EYE measurement" In
formed the in.sr' ogator that il he had
money (ts pay for it) he would follow him
and measure his track. Hubbell drily
informed him that il he had money he
wouldn't Ike to be followed by him
(Court gave Lawyer the bssts, Detective
silsneed.) Pending this display Of wit.
court adjourned ill 9 o'slsek next morning.
Al 81 o'clock, the parties assembled in
the court room, and the trial commenced
shortly thereafter.
L.J. Center WAS again called 10 the
stand. when he was examined by the State.
ln answers ts questions BY Mr.. Brswn, he
said: McIntesh always carried cane; I
never saw him without one. In relation TO
The conversation previously reported, wit
mesa said: asked Noses, Who is yeur
enemy lie replied. Robert Mcintosh.
Dismissed
Michael McNerney called to the stand,
vino, being sworn, testified: l reside in
Davenpsrs; am herss-shoer and farrisr
by profession. know Robert Mcintosh.
On the 4,h o. the present month went 70
Sc bay mare in Mclntosh's stable; msa-
sursi her font feet; right fore foot a.
inches in width from point Of frog by 81.
She had no shoes on She looked as thsug b
she had not been ehoa for four mSnths.
Cross examined By Huobell.-I have
sometimes seen horses with contracted feet;
il is not common, however. l think ths
measu, sment Of . horses feet on the
ground would be accurate il the ground
Vas dry.
James Grant, sworn for The State.-l
know both parties; there has been unkind
l. feeling existing between the two for four
or five wears; do not l.now Of any ditfi
Guilty OF late; never head oi Mr.. McIntosll h
ing ray ih-e..s; hs only spoke in terms
OF nos.i. y towards Noses.
lIr.vev Leonard, for State, recalled
Have .novn both parties many years
know there has been hostile feelings be
tween them for the past four or Ave Y ears
81 F. Smith, for State.-Havs known
each party for seven or eight years; have
never heard Mcintosh use threats, but
know there was bad feeling existing be-
tween them.
Geo. Wilson, for S.ass, sworn.-Keep tss
store on Main street; have known Mclntosh
for come time; had talk With him In my
store about the middle Of November; asked
him ii he had nea,d anything about the
burning Of the stacks; he sad ae had not,
and Gid not wish to talk about it at all.
This is oil ever heard him say.
John M. Dunn, sworn for S.s!s.-Havs
known Mr.. Mcintosh for several years
never had anv conversation With him rsla
tive TO his whereabouts on the night Of the
irc; never said anything 10 him about it.
The direc~ examination on the part Of the
State ceased hare. According to the code,
the defendant had right to make . state
ment before calling his Witnesses.
Mn. NcixrosH's srArtNsRr.
Ny name is Robert Mcintosh am 81
years Of age; was born n Scotland; reside
in Davenport, Ses.s county, Iowa have
lived here 80 years. On the evening oi
Nov. Cd, 1868, l hitched up my horse and
buggy between and . o'clock, for the sx-
press purpose sf going up to Nathan New
by's. drove dswn TO town; it Was shs
night Of the Tanners procession; l changed
nv mind. and tied my horse and buggy
back Of my warehouse, which is situated
near the corner Of Front and Brady streets
Ii,hsn went 10 tie corner Of Main and SEQ
eud streets. whers the Tanners were;
spent psssibly an hour there, with several
persons, listening to speeches. &e.; then
after awhile accompanied thsa towards
the German Thsatre; went in there and
spsnt about an hour or an hour and half
taen went out Of the Theatre. before they
sst through, to sse il my buggy WAS al
right then returned to the German The
atrs and locked in; don't think l sat
down. (Mr. Mc1ntesh here sh ,wed papsrl
which hs wss geing up - zee Nswby about.
The notes had been due abeut two months
and wss going to zee Mr. Newly; saw
Mr. Nswby day Or two after, ard 50 die
not 20 At oil to sss him. Soon after gsiu1
the sscond time 70 the Theatre, 1t bsipl
then between 10 and II o'clock, l staftet
for my horse and buggy and went home
drsvs to the stable and put ny horse up
feed my horse and watsrsd her then wen
to the houss; found my wife bad gone Il
bed think il wee about enc half past II
IeaW A. ]. Laws the second time ~,