Daily globe. [volume] (St. Paul, Minn.) 1878-1884, 1880-11-11

as detailed In yesterdays GLOBE.
The first witness called was DIR. Wheaton.
who testified to the wound which caused
Larkin's death. Mr.. M. w. Brown paced
off the distance from the private entrance of
the Clarendon down to where the trouble CO.
CURED, at the instance of
County Attorney Egan, but his
testimony was comparatively unimportant to
the general public.
Here the prosecution rested and the de-
Tense opened it's case. Mr.. Morgan, of the
Merchants hotel; Mr.. M. Il. @. Flower, stew
ard of the Lake Elmo hotel, and Mr.. Norris,
of the same house, testified to Burton's pre-
vious good character and peaceable DISPOSE
ton while employed, as he had been, with
them.
Then the chief witness for the defense, G.
l.. Devlin, gentlemanly appearing young
man, who has been boat Waterman for several
years on the Mississippi river, from New
Orleans to st. Paul, detailed bis acquaintance
with Burton, which has existed for six or
seven years, and further testified to Burton's
character for quietness and good disposition.
He was with defendant on the night that
Larkin was killed. Had just come in on a
boat that night Burton came down to the
landing to see him. Did not see defendant
again until he met him with
the girls, Miss Madigan and Miss
Stevens. Burton introduced him
to Miss Stevens, and they started out for a
walk; they went down into lower town, and
then turned back. On the way they visited
summer garden. Neither he nor the de-
PENDANT recollect the name of the place.
They stopped there and himself and Burton
(ylp IF haa ooh o,,l 10
lemonade. He and Burton drank only two
glasses of beer during the evening. Their
course back was up Seventh to
Cedar. They stopped about sixty feet
from the corner of on Cedar Sixth, and he,
the witness, sat down on pile of boards
and was talking to the girls, who were stand
ing on the walk when the gang came bv who
raised the disturbance. They addressed OBJ
scene language to the girls. After a little
time he and the girls, with Burton, started
to 60 towards the entrance by which the do
| mestics of the hotel gain admittance, and
| were followed by the party Larkin was with.
Burton went back toward them, and came
| upon them near the corner of Cedar.
There the trouble occurred. Devlin was q
| little behind Burton and saw Carr put his
| hand in his pocket; he called out to Burton:
| "Look out, he's going for a knifeI'' The
tallest man, he in the center, was striking at
Burton at the same time Larkin was; wit
ness saw Burton striking wildly about, but
did not know any harm was done
until Burton himself said: 81
| believe cut that fellow
Burton was about twenty feet from the
| corner when he was striking at Larkin and
| the rest; had known Burton for seven or
eight years; he came from New Orleans, and
| his father and mother we're both dead;
knew him to be always peaceable man so
| far as his knowledge extended; his general
character was good among the employees
| where he was engaged; had never seen Bur-
ton drunk but once; and then he was not
| violent,
Here occurred quite lengthy cross exam
nation by Mr.. Egan, which, although
| skillfully conducted elected nothing damag-
| ing to the defense. In the e-direct exanli-
nation, it was developed that when Burton
heard the rapping on the lamp post, which
| was done with stone by one of Larkin's
party, he became frightened and ran. Wit
ness pursued and overlook the prisoner and
brought him to walk. They were soon over
| taken by Officer McMahon, who ssid
that man had been cut, and wanted to
know which of them did it; Burton denied
any knowledge of the affair, but they both
went back with the officer; on arriving at
| the scene of the ARRAY, Capt. Clark brought
Carr forward to identify the parties; point
ing to Devlin, he said, "that is one of them, !"
and moment afterwards recognized Burton
| and said he was the man who did the cutting:
Burton asked ''who?" and Carr said, "you,
Cd d-n YOU" This was brought out
several times in the evidence.
The court here examined the witness as to
| the kind of stick Larkin used in striking
Burton. AS the testimony showed all the
way through, it was broomstick.
Court then adjourned for dinner, to COM
mence again at o'clock P. M.
The first witness called on the reopening
of court was the defendant, who testified
that he was twenty -four years old; was
pastry cook and baker by profession, as had
been already sworn by several witnesses; his
father died when he was twelve years old.
His mother died about six years ago; was
born in New Orleans; parents were original
10 from England; has no relatives now living
that he knows of; has travelled up and down
the river good deal in his business; had
known Mary Madigan and Miss Stevens
about five weeks when the trouble took
place; his testimony regarding the affray, ex-
cept i'll minor details, was the same as
Devlin's; he was more particular in
describing the vulgar language
used toward the girls by Larkin's party;
told them he did not want anything to do
with them; said ST don't know you men,
and you don't know me; I don't want any
fuss with you; you don't know the girls, and
ought not to insult them; don't want any
trouble with you" Then they attacked him,
Carr and Larkin being the aggressors; did
not get his knife out until he heard Devlin
call out warning about one
OF of them having knife;
then he got his knife out and swung it at
the parties who were providing on him in
front; both Carr and Larkin were striking
at him, Larkin having hit him with stick,
and was still striking when the cut was
made which wounded Larkin. TDevlin testi-
fed to the same state of facts very nearly,
making allowance for the excitement of the
occasion and the uncertainty of light at that
time in the EVENING". Immediately after
Larkin was hurt he dropped
the broomstick which he was using as club
and sank down on the sidewak; Burton,
knowing then that he had done had work,
felt sorry and threw the knife out into the
street, which he afterwards acknowledged to
Capt. Clark; knowing or believing he had
cut Larkin with the knife, he did not feel
like carrying the knife any longer; did not
M nm hnk