The Rock Island Argus. (Rock Island, Ill.) 1877-1885, 1879-05-28

When the court concluded Mr.. Ken
worthy gave notice that the people would,
at the conclusion Of this case, move to set
aside the continuance on the ground that
It was obtained by imposing on the court,
and that afidavits would be presented to
sustain the motion to set aside sensation.
Mr.. Foster-What are your reasons;
state your case.
Mr.. Kenworthy-When the time comes,
MIR. Foster.
Foster. But I want to know DOW and
think we ought to know.
Beardsley.-Oh, don't, fret. Mr.. Foster,
you will be enlightened soon enough.
Kenworthy.-We propose to take our
own time and manner of presenting this
motion.
Mr.. O'Mara What is itP
Parmenter-You will find out soon
enough.
There was visible interest while this
colloquy was going on, as the motion for
the people was surprise to every one
present.
THE DEFENSE.
There was keen interest manifested
to know what the defense would do, and
how many they would call. 1t was evi
ident yesterday, as has been in fact all
through the trial, that the defense would
seek to throw the entire blame on Ber-
nard Heeney. To-day this was fully de-
veloped as the line of defense. MIR,
OMara, for defendants stated that the
defense would not make any opening state.
ment; and were ready to go on with their
case. Witnesses for the defense were
then called as follows: Gus Stengle,
Peter Fries, Peter Albert, Chas. E Haw-
ley, Dr.G. g. Craig.
Gus STENGLE,-Sworn: Reside in
Rock Island; keep saloon; remember the
morning when Joe Rosenfeld was killed;
| was there about 1880 o'clock; saw some
stones near the place where the murder
was committed lstone shown this stone
looks like the stone; picked up the stone
threw it down again; saw no blood Oh it;
made an examination of the stone the Sc
cond time; saw stone with blood on it;
it was a different stone from this | think ;
saw no brick or stone in Rosen6eld yard.
Mr.. Fries was with me and Mr.. Hawley.
No cross examination.
PETER ALBERE-Sworn: Live in Rock
Island; about II o'clock on the night of
March 18th, was sitting up; | saw a
man and girl go past the house; | start
ed for the barn and when near there heard
some loud talk, so | went out to the corner
of 18th street and 9th avenue and saw a
policeman who had man down. | heard
the man who was down say, Let me up,
| hain't done nothing and don't intend
to-" | did not see the policeman strike
him. | saw some other parties standing
near Adler's house; four of them; ]
stood by the fence aud then | afterwards
heard voice say, Let him up. Then I
went into the house; alter that | heard
three ticks given (imitating with his hands,
This was about y o'clock, or between y
and l o'clock. | did not know that any.
body had been murdered until 5 O'Clock
the next morning | went out and saw
the place where had noticed the fuss
| there was no policeman there then.
By Beardsley-I will be II year Ole
next month; live on Eagle street; Gilt be
tween counseD. The vacant lot is 60 feet:
if is $50 feet TO our lot: our lot is 60 feet
was in the dining room when the partie.
passed. was in the lot when heart
the talk; am in the habi
of sitting up until II o'clock every night
Considerable meriment was caused dur
ing the cross examination by the sharI
answers given by the witness; at time
causing laugh in the court room, which
was promptly suppressed by the court
Witness draughted map of the sur
roundings giving a very accurate outline O
the distances,
It was about 60 feet from Wher
the murder was committed where
stood that | heard the noise; I heard tn
man who was under the policeman say
Let me up,I have not done anything an
don't intend to-" | heard the policema,
say Il am going to arrest you" | did no
know then who it was that the officer hal
down; went home after that, I did no
say anything because | supposed it wa
just somebody the officer vas going t
take down and paid no more attention t
the matter.
At this point there was a cessatio
in the testimony, owing to a point q
to question asked by Mr.. Beardsle
whether he, the witness. had not told
different story to other parties, amor
the number Frank Ankrum; an
counsel for the people held a cor
sultation before continuing the cross
examination
Witness continuing Had no converse
ton with anybody before the murder; di
have with Ankrum the evening Of the mul
der. Conversation produced and dcnie
By witness and then the witness went 0
aud told some more facts as he knew
them, except that he heard pistol shots
be looked out of the window and saw tn
flash; this was as | was going to bed;
: was UP towards Peter Fries house. NeVe
told Mr.. O'Mara about the case nor an
other of the attorneys for the defense; hav
= talked to Mr.. Heeney about the case;
3 is father Of one of the prisoners: hav
, spoken to Maggie Heeney about it one
this was two weeks ago; Heeney came I
my house first; was only at my house once
Q / might have seen him more than once
: have talked to Mr.. Heeney in the coul
room; saw him this morning; only sal
few words to him; | can swear poir
blank, that it was between IL and l o cloC
t when the fuss occurred; it might ha1
D been little before l O'Clock; | am pos
tive it was only little after l o'cloc
when heard the pistol shots. Witness bel
got excited and said, MY God Almight,
Mr.. Beardsley, do you think l knew ths
| there was going to be murder commi
g ted? Why, major, if had known that
man was being murdered | would hav
taken a club and gone 10 and cleaned OF
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