Morning journal and courier., 1881-08-23

uYoT1QR ROOQS, carriages; Edward Malley and son both use | those horses no one else can get them from | me without an order; while Edward MaIley | was away Michael Malley was allowed to use | one of the horses Michael used it frequent | ly; he had the horse-the black mare-out 1 on Friday evening, August 5 he came to the ! stable alone and got it, and came back alone ! about half-past 10 'cloek-it might have been half-past g; he had side bar top buggy, we call the old carriage to distinguish from the others neither James Malley or his son ever got carriage from me; that Friday evening Walter Malley had his own dark bay mare and no top buggy; he took out the team that afternoon as he usually did Walter returned that night about Il o'clock, as nearly as I can remember; I tell the time by clock I had in my house.
 Joseph H. Marvin, who has at former hearing given testimony, was recalled The witness pointed out James Malley, jr., as answering the description of the man he saw with Jennie Cramer riding on the flying horses at the shore on the evening of Fri day, August 5. The witness alluded to the small black mustache of James Malley, jr. He took no notice of clothing.
 Benjamin F. Brady was also recalled to testify that James Malley, jr., looked very much like the man he saw with the girl on the shore on Friday evening" August ,. Compelled to swear, the witness would say young Malley was the man he saw that Fri day evening; his features, his eyes, nose and mustache were he said, exactly the same as those of the man he saw.
 Theresa A. Kennedy testified that she was time keeper at Malley's. She said that MT. James Malley's hours on Wednesday were
 7:45, 12:45 and 2 o'clock; on Thursday
 August 4, 7:45, HAS and 2:45; Friday, 7:45, 1920 and 2:15; Saturday, 7:45, 1, 2:10-and no supper, which indicates that if in the store he gave in no time after 10 in the af- ternoon.
 At 12:4O 8 recess of an hour was taken.
 AFTERNOON TESTIMONY.
 Shortly after o'clock the jury again came
 opening that the jury had voted to have all
 other witnesses retire who were to testify,
 that no one might hear the evidence of those
 who had preceded him. This rule was
 adopted and the witnesses were taken to
 room in Thompson's block subject to call of
 the jury.
 The first witness called in the afternoon was Patrick F. Carroll, who testified as fol lows: I am employed in Edward Malley's store as salesman; James Malley, jr., is en- ployed behind the gents furnishing goods counter with me I saw him on Friday, Aug. 5; he came there before me that day; got there at 8:15 that morning; don't know when he gets there, for he attends to the out side dressing of the store, and I don't always see him when he comes; can't tell whether he was there all day Friday or not; do not
 know whether he was out that Friday after l noon or not; I saw him about 3:15 o'clock l that afternoon at the counter, and also saw
 him about quarter to 3 ; during that half l hour I think he was at his counter; I am positive now he was at the counter at 3 o'clock I remember seeing him next at 5 o'clock; no one has talked to me about this 3 o'clock business; at o'clock James asked ! me to go over to Halls and see if they had 8 saddle horse; this Friday evening; he | did not send me for team; he did not send
 me for 8 team, and he found fault and then got another man; I mean Halls on Grown street, opposite Hale's; did hire team be- | fore for James Malley, jr., at Barker & Ran l som's, to take party down to Buells re- | turned the team myself; 1t was out from 12 at noon till 10 at night, and I told them to l send the bill to James Malley, ST. j; I this was about two weeks before; returned ] the team to the stable; I think I may have | ordered a team for MT. James Malley once before think it was at Halls livery sta ble; he sent me and inquired if I could have the brown mare Mir. Hall said the l team was out I cannot tell how long before | this Friday this occurred I never saw MT. Malley out riding at all it was Friday, Au- gust ,, that Mir. Malley sent me to him for | the saddle horse fix it in my mind from l the fact that it was the night of the day the l accident occurred it was a few minutes after
 6 o'clock when I came back from the stable on that Friday night. did not see MT. Malley again until Saturday morning about ! o'clock, when he was out dressing the store l door he did not, as I know, come in any later on this morning than the other clerks. I saw MT. Malley on Saturday morning be- | tween and 10 o'clock, and told him that Jennie Cramer was dead. Yes, sir he did I send me out for liquor on that Saturday l morning. He gave me bottle and asked me to go and get him about fifteen cents worth of brandy. I went to Austin filings l to get 1t on Chapel street :; I think I got the ] liquor of the bartender, although I am not 1 certain whether it was from him or the pro- prietor. took the liquor back to the store | and gave it to MT O'Connor, who has charge
 of the gents furnishing counter; I told him to give the bottle to James Malley I did not see the liquor after that. and don't know where it went to MT. Malley got the money to pay for the liquor from MT. Taylor and others. I have 1 been working alongside of James Malley about three months in the store; have been out and bought liquor for him before Mr. Malley was behind his counter, think, all of Thursday; he might have gone out about , o'clock, but am sure he was not out be- tween and 5. There was a lady called for
 him on that day between and o'clock; I was told 1t was Mrs. Cramer no other lady called for him on Thursday, so far as know; the last can account for him on Thursday was when he was taking in the goods, be- tween and 6 o'clock. I would not swear that knew Jennie Cramer may have seen
 her at the counter talking to James Malley; it was not during the week of August 4th
 9th, or 9th; have never seen Blanche Doug
 lass in the store; I was requested by
 James Malley on the Saturday afternoon
 following the finding of the body to go to the
 Elliott House and ask Walter Malley to step
 up to the store; saw lady in the room with
 Walter, but could not swear that 1t was
 Blanche Douglass; was asked by Mir. Fitz-
 gibbons to call at Lawyer Fox's office and I
 went; gave him the same statement as I
 have given here; I did not leave the store on
 Friday afternoon any earlier than my usual
 dinner hour; don't remember of telling any
 one in the store that I had been sent for
 saddle horse
 William Charles Mountain was called. He said: reside in New Haven; am clerk in
 Malley's store and am employed in the jewell ry departments; saw James Malley, jr., in
 the store on Thursday, August 4th; was there
 when he came in; his counter is near mine; he was in the store greater part of the fore noon; if he went out he would have to ask permission from James Malley, ST; think he was in the store all of Thursday afternoon; I remember perfectly well of seeing James behind his counter on Thurs day afternoon; there was lady that came in and spoke to him about her daughter I did not know her; he told the lady that if he saw her daughter he would tell her that she was wanted at home I knew Jennie Cramer by sight, but don't recollect of seeing her three or four days before her death never saw her in the store talking to James; think James was behind the counter from ? to 6 o'clock on Thursday afternoon he was cov- ering up goods at the latter time; did not see him leave the store; he was there on Fri day morning as usual; I saw him when he came in; did not see him leave the store on Friday forenoon, at least did not miss him he often went up stairs to get goods from the wholesale department; don't think he could have been away half-hour on that morning; he may have been gone quarter of an hour or half an hour without my knowing it. in the afternoon when came back from din ner, about 2:45, James was behind the coun- ter fixing his stock I don't remember that