, 1869-05-30

statement, and should not be received Al ey1dence
II he VIE but = x4tuex1 appearing there foI the
purpose Of te8tlf51ng IN the case not for The pyr
Lots Of enns1cting himself. hnt to elicit facta
Of General Mcconnell, then he vas a soluntas.
witness the same n an5 other IN The Sc, and u
s3sssmsnt sncnld Be read il the case a. eridenoo
Asc: Fttst, Wa the defendant q prisoner At the
time: apd, scccndiy, We're these sta.emcnts which
nc made voluntary statements, or waa he CON-
70 aoswet these questions: Nox, II Will not be
denied but thai il he was AWAIT Of the fact that
nst.ons. " ~ In eEossat thSte q the tsiAi ~
ment WITH reference to the matter, and any
t,pac Goqst *ond Protect Ettnes: qn'es sueh c1ssn
whether Cosoncr's inquest or an examining
court, he would be protected, and be c,uid de-
ellns m.naE ~ fsase~ent In n. eass tas
N 3oect, bot It u not contendcd that he WI an-
der Arrest hF nny person having any zuthoTtty to
.a9 VT ssaed n
the Officer. to take him into custody and keep
him, snd 60 far ~ the Court knoNs,
thortly hold him Il cannot be contcracI taa1 L
N od1cer without authority takes witness into
custody Ind conpcis him 70 appear before any
case, and Leeps i'm IN custody without sathorty,
that TOT thai reason he testimony which x1tncss
should g1ve IN that ca1c could not be used a1an1t
parry night be ca.ltd Us witness, aud IN on
Ger might keep him in custody for the express
purpose of preventing his testimony being nsed
against him. and Il matters not whether the indl-
vfdual Is ar oIllecr CT not who hollis the wtsneA4-
| An onlcer rau.t have kene authority for keeping
n cossodT wsl as my otaet 2efsS son q
! he WAS IN the custody of m ollccF, he was N
there without authority, and the people NOE Az
esns else am rs ssa ~ 'as aeeaaa ess5
mas not In the custody Of any otncer III any
legal aecct,a,.on Of the term. lie Ind It IN his
ssr TIE eme tu to Ttfu,c to ae naie tn .atssn All
there il no evidence eltrc the Court that Ee Eaac
any intilnauon to the tsry thst he vas ehaIg,sl
went Ieioge the tufy, so far rs he was concerned,
20 Indicate to the Jury tia: be WIZ charged with
,hs osnes T. Ta1 ns da'y to q, eaEe ,t o9ss Hs
voluntarily went before them aud Eave
his Testimony win reference TO thts trausAesian
In eT o. he So far e. .hey a9fe ,
mcns Of The defendant Il competent TESTIMONY to
81 tt the jury
nosnsos 8 STATEMENT.
The statement Of the pttsontE Vas then opene'i
and read as fol!ows, by ". u Ja.kin. Of rHsoa:
| birthplace, prisoner in Ills deposition said:
~ an N the grocery business Have vile
IL" 1as Is I pusnes sa 1S have o resei il doaSe
| house near The King House. occupied
shenoHh md ~. Maheaey the south l xas y y
| Vile went In there often. ] did not 70 often ny-
| self, Luz did sometimes. Ny wife Ia In lawrence
s =; nef a!neI k1S ~ feFn1q,' or s1I
don7 know whether he took it all on SATURDAY
Or Monday. Fave him the key. Tired to sen
~ SsE ss ;sat af{ lied s 1s.s
for tro week2 III grocery goods ~
ltfp sna' .hs a. male tee ar 'STs asnssens
Frank kelsey 10 takt s5oo worth. think their
Il, altogether, t1,oco worth. or more. The goods
Sc Il isSs SRsi 70 h '?H Tas
did not reach that amount hi, the balance Was "a
sae e nsse snonsh ,he to ay inc as9
wss made. Ihs arrangement ras m.dt
wna1a weel: l have been acquainted
General MSconnsl syss spce acc; en-:
with him. The flrst was On the ID day Of May
1~a.. l ed money Of him: four hundIrl and
twenty dollars IN gold thFee hundred At % Pei
| 1t ten rer cent Ii MAS paid and taken up. Rays
smother note in september Of that year. Kelsey
l!Eos. agned the four hundred dollar note, MI
bonds. rad this note by giving another note fol
four hundred dollars al 10 per cent lntescs
lc1a MessrA oi a'es and G4 MAyior1 we're seeHrites
il as rid n Decen6c! rId :he iast note i
| LUG Eu4CN- Ntucl44 AGA CuNEt outl HE1C uEaEAL
and 60 %ag elsc: i was In :hc afternoon. lac II
the day: raid him even so. think the not
tnclrted the interest. paid It, and he gave nj
cent. advanced on the rE-t note paid th
Isl and Interest cash, Tna y the nrs
note. The other note Was Ill cyen $50. I1wet
hM that amount l know It WIS given for 20
Aad paid him that Hnosln1, and he paid me -
destroyed that note the same day ena burned
c1Y1ttes thai Ind paid tho. note ani c1ecutct
Smother. have seen Mr.. May1ord a fen time
a Tse no,e II 1oo3 @ gai
never had sharp worls with. him
Ut x.zsea ssRs'Y Hong! al, ;a's: s's'
positively whether stayed there tha. n!sht or a
MrS nEaAbu1yk 8 On Aond.s was y: the store
i there on Monday night Got UP ahunt O'Clock
. kuo"' tuw ! Has dressed 0a Tuesday morning
had On l!Fht brown eoai and tbs oysrcos
! wss at brcakfass aloat ntteen Minute;
ts s9T! sio ssF not ss' ,sste ax sasn
j half N hour. F1ou, there went to Lath s shoe
! scy's liver. stable. itd not stay theEc lont
IL fn o
hui 1t, there . n1eadsoarl, &c: / "a not hay
/ the key. The house VAS locked: ! did not Sta
sus nes so onr met Jon cooiey neas ri ts teo
e Spoke with him lie owned thu house had lee
: IN. 1T WAS the, on'y man met {
> saw lEnm the l!veg s'ahe. saw
) ills place cicconnel.s. but 4 lttie lower doTt
l had on this osercoat ati,' stiff hat. the one
$ wore here. rassed the WOMAN near O'Clock.
; cant sa{ positively; These TWO were the oni
e persons saw. didn't see the ml1E-waRor nc
hear aay MILK hei', nor sec the SIR! IN the yard
4 snt dooF' 1ound ths hoase Locked. was ~
sns sasury to fse ada r. Sst ss .as 70 on, w.
c vas there = few minute
road TO Tue other tids s;oing 1.ask saw PerseI
se 's as saw s., 0a';s aba @one mn
( George Mcconnell l did not Know the wome1
: IheJ had reached the white fence IN front {
Ncconnsl's yanl heanl ;hs & news q shs 1E'1I nn
+ who keeps The clothing store ~ the MAnsto
s House. lie aske.l INC II ! hA.l heard o. 4ener
Il AeCounels dcath- s4ld no: llolbtca II ai nfs !
VA smanS ana ;neshs b. was ioolns Is
Was teaaing M1eh En- ne came up. 9saaay GHa Nv
c.oss rs styce: n going nr town: i vs. dEJ
e naa ns* n.y. ~ ss1nn nosr St ~ Se so1
{: some rapers ana booSs n It. NJ GrvEory
q 2nS pns OF ny moo's 1s' aEns %,to"en m ,s !,
e heEess tanse na ~ ,t nr1nG My ffo.': s1o''s
l. ana Pr tEeni IN M t,nnS' ,h noasnt nc tsui p
E. satuniaf @ or honGas, M tnlhk: Haa one eoat, 81
u 'se ro;T M M nrernat ~ te nn'r % ann ~ hat
nsas hang It e?oss e ie = stse M | u tae I
a tae no,s ~. wens ,n ;.aenceV 49, ~ ~
lc stoIe ano aung ~: e1a, III 1nas p!ace- ! aot
e th an, ~, - ~ 'IAt st, 'a'pA ~ r, ~
T. !. I'd dtned s and % .o"x supper ~ .. :" 1he asasit
!: Hurst Is!eps wsll anh rc;e % casty went 10
nncs sce e 'aS aa nat s,on o "nyxor, re
IL | NfAAhufE N&S IN bed. KG1t tncfE 10 70 10 De