The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1878-09-22
Unimportant Testimony for
the De.ence.
MIR. MOAK'S LEVITY
A Principal Witness Tor the Prosecution
Conirad cied.
THE cARelNE IN THE STORE.


bAAANt"Ns osf1 ~ W.
The Gloss % The sfcond sess - me net-d Bi-
inss MURDER uiai occurred to-day. TIE prog
With ne case sss er,slsiy tea sresi. TIE
developments thus Tar sgaiast tue prsonsr havs
somewhst disappointed the pubic the prosecu-
ton bsss succseaea armiy establishing many
OF the circamstaEoss sarr andins The crime. bat
they have iaiisd 10 sny q 100 inesasa,.
or proofs that the mssfos 9ere snpcctng AL these
facts Which have been r.hearsel. ~sfe priseiPsliy
before known through IN agsBey 81 vsgIiaot
porterG FROM insinusiions hats scst,ered
here ana there. prior 20 the oFenirg Of tue
trial tho popular nind Vas sfcssfasea 20
the anticipation o. the forthcoming Of some eisws
proofs tina, sheuia az u we're individually fas,ss
The gat OF the socssvd, At lcsss an,n ne e9aii ais-
prove them snd onsr some oassuias syiasness but
alter eleven successive days spent hearing the
there have been no stsrng. 90 even isterestinx dc
veopmcuts. THIS viii s1doubtediy augIaent the ex-
citement regarding the issue OF the uaai A. the
opening the chances % sscps we're Ozark indeed tor
the accused; nos his hopes somssha
enhanced, aud u looks Ike toss up
whether the Jury and sentence of death against him
or allow him freedom. THIS win cause people 60
more inicntlY watch tho case hereafter. The race s
an even one, the contestants nearias Tue bone
stretch, and human lite. suher for sgsinst, he
longs TO the successful srugglcr. There remains sa,
thirds through. aud the coming six asys
must indeed be raught with hopes. fears apd
iorebodipss to Jose Bii'ings Jr IL IL
but natural he should nov begin 10 mlnu,sly note
every detai-every question. reply anu aeeiston.
Already no is beginning to do 50. The smile
ami micn he showed the outset OF usi has
been supplantsd by an unmislasabie earnestness.
He can bo TO frequently glance pervos-ly
tho jur, men, esserIy seaa their ie.larcs
for hope or whether their Indifference assurs hope
Tor him. HIS anxiety ID getting daily more palsiui TO
witness The excitement shown IN northern New
York relative To the case Is greater than snythbg
similar Tor u long time, n since the war On the
rival OF the trains or stages there crowds AZ
Ing, noon and night awaiting Tor tho daily jour
nails which are cagsry scanned aud every ncw
particular 10 the days proceedings earnestly can
vassed at the Post ONCE, The eountry store the VII
lage tavern or other public rcsori. A tie time mar
TO tho close thoy naturally more careiuli,
the prospects OF both Sides The assertion OF counsel
for The defence respecting their ability TO prove
another hand than Billings committed tho crime Is
creating largo amount OF discussion.
ny COUNSEL.
Tho proceedings Of the day have been characterized
sion which Counsellor Moak has une xpcctcdly
brought forth during the last two sessions. Many
think this Is an adrot manmuvre TO cast iook
OF nsig nincnnce or uhimporance on tho Witnesses
testimony OF the defence The persons sworn "a behs
OF the prisoner principally OF the poo classes
finds them easy prey on which 10 exercise such
desire B0atmcp, farmers, lumbsfmsn and canal
marry from which Billings mus, seIsc, hts dsien-
der. But some OF these are shrewd And quick
wttsd enough to givc learned counsel brush that
decidedly aoes not 20 with the gram.
TnE TESTIMONY.
when court opened TINS morning Orson Guernsey
took the chair IN behalf OF the defence. HIS test,
mOny was In ressrd TO nniing the hammer aud nails
where Billings said he left them Tor the pafposc OF
mending his icuces tho afternoon Of the shower.
This was material testimony To establish clues al
legged by tho prisoner, although realty not im-
e IN OF
the night OF the homicide was nj home; heard the
shot fired ater tho shot heard tho scream,
plo running townra BiIiiugs'; pulled my boots aud
ran to the mouse myself. Here Mr. Moak questioned
witness In n minute manner as TO the size OF the
lamp. It's kud, shape OF the globe, where vas held
how high IRON tue ground how mucn harness the
horse had on, what tho men bad In their hands.
standing whether flies DO her,d him and a nu ,dred
ohe questions Of like character which the witness,
who was sharp featured, sunOnrn'd, intcliigeot
looking Yankee, answered IN good natured manner,
and evidently enjoyed tho close questions az much
as the audience, VINO were At times convuIsed with
laughter at tho amount oil curiosity with which Mr..
Moak seems to have been Affected this
morning. A vast deal Of amusement was
created when Frank Coningcr, a lean. long.
angular, loose jointed rursiltc. marched up tho
court room with hat on, mouth open. pansaloons
tucked In boots, aud gaping at the Judge
icgncd interest Ho approached the char, gave bis
body twist In the con,rc, crossed hts iank imbs,
swept bis hat OF under his arm and answered. locking
ut the Judgc-''hers H." HIS evidence vas elected
with difficulty and ins cross examiner took mold
OF tue subject with avdi,y. Mr.. Mock asked viness
In his hand Witness replied, 'between sun down
and dark" Upon being asked how he knew what
cause u was dark " and every one laughed Mr hoak
then asked him u he had not been arrested
once tor shoonns a, man, when he slowly
drawled out "Y aas "How lons ago did that hnppehP
Inquired Sir. Monki Dunno" answered witness;
"'pears I'vc forgotten" .who was tho man you
shot AT % asked Sir. MoIk Witness gnzed inno-
Gently at hts qucstoner, apparently totally uncon.
scious OF the fact That he creating xood deal
OF am usement. and replied, II believe they called
~ q "A e.
Piled Mr. monk. ana ovsry man. woman aud chill IN
tho house roared with laughter.
SHERMAN CONTRADICTORY
William Brumagip, onco clerk Tor Billings, turned
the tables on John snsrman's testimony about tho
Billings store from Thanksgiving Day, 1871, until
four months later; remember seeing a oarbns sun
ss,,cs ,ss no oo was n,t ap I,', un ioo,.a A.
II, ana brought II down stairs; that
was last February; after bringing 1t down l con
verscd with others about II; convcrscd with sber-
man, my co.cIcrk, about II; searched the store Tor
cartridges to Il, the ride; after had brought u down
1t was LAID on tue egg shell aierwurd, while re-
NAMED u was kept tnerc, and in cold weather was
put be mind the shell, and was In that place when
lett; sherman ana myself measured tho gun TO SEQ
what size cartridges II wocd take TO at III that was
some time before lett
the FAMILY QUARREL
Never heard Of any difficulty IN tho Billings family
about inc Curtis family unt alter tho return oi Mf.
BILLINGS from New YORK. the first troGbe OF that KIND
was about sherman bong In tho bans; never OBJ
served while was there any improptictirs on tho
part OF MIRA Gurus; sat At the table nj mcas with Mr.
ana mrs biHi0gs WINE was thtre lhr bhiinss con'
duct wss very joviai aud good na,orod toward his
family no WIS particularly fond OF fun; never saw
bim otuerwisc than Pheasant toward his WIFE
Cross -examlned--W Mrs Bilungs got vcxed ut
him they werc joking oach other; the jokes were
very frequent he was always joking and very jocose
ut the table, Mrs. Billings would often commence
joking him. and they would Keep IL up until some one
got mad she almost Invariably commenced the JoE-
ing, ana sho almost invariably got angry; no
would joke at the store; tniuk no
had unusually good control oil his temper.
| often looked IN tho bank windows; sherman
Nna n a ber suu
went TO look tor cartridges; no examined tho general
appearance OF the tscn put the gun back on tho
sncif; ancrward, when he was ordering some car
tdgs, went and got inc gnn and lett on tho desk
II was then placed IN the crg shell Domino Fora
saw the gun and sighted over ~ he never had u out
Of the store nor ANYBODY else that know OF.
Juror Wore thcre rubber boots Kept ms stock In
tho storey A. Yes; Nos 3 andsh were the common
sizes OF boots cold IN the htorc-lboois shown To Tho
wnnessj-dont remember dstincily whether those
were the KIND OF boots sold IN tho store think ws
bad roots similar TO those; the tap don't remember