The Ottawa free trader. [volume] (Ottawa, Ill.) 1843-1916, 1878-11-09

Monday Morning.
! Monday morning was occupied entirely by
/ the examination of CHARLES NEAR, who is {
/ farmers son and lives two miles west of Utica
He said;
know the prisoners by sight. Live "A few
rods southeast OF lock 13 on the bottom. Saw
Russell and Walsh on Sunday, 18th of May
the day her body was found; saw Walsh on
the tow-path and Russell at our house Rus
sell said as he started off, II must go now and
look for Maggie Monahan." He went to the
twopath. Walsh was coming up the path
they went north together. Russell was gone
about an hour before he returned He said
when he returned that they had found the
body. 1t is nearly a mile from our house to
the ravne where She was found. Russell came
first 10 house after dinner. | went to the IA
vine after he returned. James Walsh and 9th
ers went there with me. Described the IA
vine Bank slopes; no Lodges OF rock that
know of. Saw stones on the body; could
not see her very readily at first; dio not touch
her. The stones were rough-same as those
around there. After we got to the ravine Rus
sell said the finding of the bag was the reason
he knew she must be about there.
Cr0ss-egumi1ed--Llve in house of Jos.
Smith, some - or 20 rods east and a few rods
south of lock house; lived there since LIST of
March last Did not see a rabbit with Russell
on 10Th of May; when he found me he showed
it to me in the cellar. We live in the house
with Smiths. There is a road leading south
from canal across the river. Our family CON
sists of seven; Smiths of two. There are doors
in The house fronting east and north; ours
fronts east There is field opposite our house
of grass and weeds; weeds not high. 1t is
~ L. do "a bsl
fore the view is INSTRUCTED This field is skirt
ed by IA slough 1t is fenced for half mile
south-about half was to the bridge over the
creek. The stream is small but Sloughy and
can be crossed only by the bridge. Follow
ing the stream we 90 northeast from the bridge.
The field can be entered from the south; from
the road running west through it, 1t is halt Il
mile northeast from the bridge before the road
running west crosses the Stream. The stream
is south and southeast of the field. Our house
is Is or 90 feet from the north and south road.
The dump" bridge the bridge over the Ca
nal, used by the Cement Works for conveying
away refuse from the works is about onc.third
of a mile east of our house. South OF the trees
is a clump of timber Could see common
sized dog in the field from the house. The
field is visible from the lock, it is 40 rods
wide ir, IN east to west, fence on The west, run
ming 40 or 80 rods south; there is slough !;
near the bridge it is marshy-too wet to work.
THE general topography Of the land was then
testified to by means Of a plat made by Mr.
Bull The following testimony made with
and without Il plat Is not very clear, but we
shall cndeavor TO make the lay Of the land, as
given by witness, as plain as possible. The
witness for defense following Will assist the
reader materially on this point If this teSti-
mony is too tangled The ground about here
is wet and marshy, so that it is hard to pass
through the field without getting into mlre.
The creek running south west of our house,
through the corn field can be crossed on stones
at Il place where 1t Is stony. The land south
of and close to the canal bank west to Spit
Rock is wet and mirey. In the field south
and southwest of our house, there was corn
last wear; was pasturcd by horses this spring
The highest land (nearest canal was cultivat
ed early this ycar-as soon as possible. we
cultivated barely 20 acres, rest too wet. ms
high land is south of the canal, between the
old corn and the canal and west OF the house
Old man Russell's land lies next west OF ours
The north and northwest corner of our land Is
wet; we worked the south and north sides ana
northeast corner: worked some land adjoining
Russel's-the southwest corner OF our lana
The patch west and northwest of our land next
the northwest corner runs to southwest, across
part of Russclls land. In northeast corner of
our land Is knoll but too small to work. Plat
again used. The northwest part of our land
was not cultivated last year-thlnk because
too wet Had done blowing on 9th May last ;
was then at work in field west and south of
house; began in morning and worked all day,
except meal hours; had dragged Corn-stalks
quite while before this; dragged all on east
side of the little stream, but not on south !;
had three acres ready for pillow; could get over
the stream running south with II team; could
cross near the barn or mt n spring or ID rods
west of barn. Could see the Tow path from the
field where ! worked and see persons on 1t II
looked that way, except that part behind
LIGHTHOUSE; and east, where there Is rdbbish; ,
and west where there are trccs-ncar kuSscll's
RcdiTccj.- Again use was made oi the platl
A person could walk along the bank of the
canal up to the dump" bridge; the bank was
quite wccdy; weeds quite large. There Is
timber from Russcl's to the astc-gate-tim-
Der is west of lock East of the HEX 10 the
dump il is clear to the aqueduct near the &c
mont Works from there to the dump is tim
hcr. PcqudmsOgin creek cannot be crossed on
foot, bed Is sand and dirt
Recross-Onc can 90 along the edge of the
canal bank at It's foot all the way from Rus
sells east. but don't know whether or not on
ihr level ground Going that route one would
lind weeds along the tow-path which would
hide him part of the way. The new weeds of
May were not high Would not swear that
one would not be visible all the way from Rus
sells Ia the dump The canal bank is very
steep. \ person on the tow-path would he
visible at the lock gates from RuSscll's To the
dump; at waste gate to Russells are trees on
top of the bank and below the bank. The rest
ui the way the bank is visible from the waste
gale Ia the dump except at the bridge are a
few trees From these trees west say 81 rods
al bank To lock are visible. The weeds of last
year were about the same a this year think.
From the Wa,t,-Cuic la the dump "a dog on the
bank would bc hidden in places from view
from our house. My brother Ed Is 81 years
I'd, was home while dong nothing in spring;
don't know whether he was home 9Th of May
ct not: | am 10; other children are 10, and
) years; were probably playing around the
house Smith was lying around ,hc house
the north end OF il. ! was working about 30
rods south Of house ON 9th May. Could not