, 1880-05-08
CLARENCE DAVIS.
The Testimony Ended and the
Talk Begins.
The Defendant Weeps Copionsly at
Frequent Intervals. =

there was falling-oR In tho number Of
women, only saven Of tint sex aside from
tic three wives of Davis being present. Tho
proceedings wcrenot particularly interesting.
When the Judge saId, Go on, gentlemen"
Mr.. Vau Buren, stated that he had only one
more witness, bnt lie wasn't present. 1Io
would testify as to the identity OF bfnttfe
Smell, md MIR. Van nuren wanted to hnvc MI
opportunity to put him on the stand wien ho
arrived.
Tic Conrt didn't give him detlnlt answer.
State's-Attorncy Mills oallcd
MARY ANN
in rcbuttal.
Mr.. Vun Duren objected to her being sworn,
md aIso to her being examined.
"Upon what Eround?" askga Mills.
"Upon tho groun.|," replied Van Buren,,
"tllAt 1t Is claimed by tho prosecution that
she Is tho wife Of Clarence E. Davls."
"Anl denied by the defendant" added
Mills.
ut don't make any difference" rc}olncd
Van Buron, "wllether lie denies 1t or not.'
The Court WIS 1inder the impression that
she was Incompetent
Mr., Mills based tho offer on the proposition
TINT the wife could be rendered competent TO
testify by tho collscnt of tho defendant.
DlN(WGSLlOlaAtltf Ahltl tllG ACHlM
"and ask tho consent of tic defendant"
"'vo refuse most promptly" spoke up Van
Buren,. Y ,.,.,. ,.,.,,. T.. .o,,,,. >, o.,, ,,,,,.
osF sf sfFs ss ss'fd ftRed K Fffs" 4 a ss
piled Van Duren. =.
J. II. sHouRns,
OF No. South reorIa street, who llyed IN
D3llK0sll ten years ntso, ai!tl khcw uavla Il;
Smell, testified TINT hu l,nd seen Mattio Smell
At1<xr1 susxfr &t,rkr
On tbs crt'ss, he saEd that, Smell was at ono
Enuw Jim to slTfyc 4 stage. tic last timc 10
saw Mnttfe Smell was eight years ago. She
Was on thu street.
MRS. HESTER A. slrEnw1y,
Of No. 150 Fifth avenue, was put on the
"Are you u sister" began Col. Cam
..mola on" shouted Van Burens "Tnis
Witness ;a1st nan'e Is not OH tho back OF the In
"WelI, w object safd Van burel, "but
sister, md gave n biographical sIetcl, Of her.
/ She Wns born i'm 184D, Alpl her name WINS
Margaret Van De Car, and tlla names OF her
father nnd mother Abra1n md Martha. She
marriage introduced by the defense showed
tint y; II. Smell was 20 years. anl Martha
Ann. Vnndker q Years and months old at
| the time OF their marriage, Dee. i, 1863. Tho
names Of tic girls pnremts were Abram and
Mnrtl,n.l Witness saftt Maggie never lived
| III Oshkosh to her knowledge. Sl,e described
the cnr,conductor who caile.l OH Maggie, and
stated TINT she henttl him say thnt Ae couldn't
Identify her rs AIRS. Smell.
x1 tlle cross, HLe teSti!iea tnhI snG nNtt seen
namEsiu t"Gn ~, n,tco ao4'M0neg "9SIS IVY
eat % ' ,,n, .1 W u ~ frS
i.out ~, s9 4 MfM ~ ,s ut IT, ae M rso IL
Tx, as,. u ;tosa Ill., as sls r e ~ n Sno ea or "
,:H t.s HGiss' ono Aoset 14e"io u u A'1'' iA'i"co
oHTl, on1l,,. c4o4o,, .+.ox ~. .,,o, ofr,r,a 1roox,o
.n Iho .,.f., ntates Attofney tl1cn o1osea Aage'e
as 1va M.t'Sss, ,'lt;a.t ;, ,,,,, w., n,ron
al nst5 H. M - ~ ~ t,o a9a,,a,,+ n ho-
+oa+!f,.i.se I .i,,',a tfii hn uo4cna@a' !" nek
1ess,n}an9, eoit,!aMsa rat.!;ad PUN W. p,ro,
~ relnsgi tehiieM ,stMss yan ,ni Hnten. ,t %
M ~ VIZ tne ss.,s ,ssas mtIGs5 ~ Ill., lot 'u'ueo up.
M; I t'ule t4a. eoSfti sft!, ,s ~, c"HS: i;;:ot
Sfa ", iiais t',ot t'! 'tke",se. t,,
o,aat Mt' Sah 4'a1cl "sSea t''a' tao prosecution
oiecs -....
| $780,. UNDER WHICH COUNT
Of the indictment they would ask q convic-
tiun.
Mr.. Mills chose the second count, which
charged TINT lle married Carrie Lynch lii