Daily globe. [volume] (St. Paul, Minn.) 1878-1884, 1882-11-25

hit him five or six times; couldn't say for
certainty what said to the officers that
night; don't think that said to A. Lind
that had been pounding and kicking Mo-
Rarity for half hour or more; did not tell
Officer James Howard, to my rec
election, that hut the man five or six
times; think my recollection respecting
what said to Officer Howard is as good as
my recollection of anything that happened
that night; don't think told him anything
about it. when I spoke to Moriarity he
started to step his other foot through the
door, one foot being already on the door
sill; as matter of fact his
body moved toward me as his
last foot advanced; he had his
hands up; don't think there was light in
the room; my wife was pulling back from
the man when came into the room, Inside
the house; did not testify before the cor
onor's jury that he jumped forward toward
me before struck; did not say a word
while there; did not answer me at all; it
might have been four or FIVE feet
from the house that he fell
the second time; think it was on his
side that he fell; fell on top of him; am
not positive how he fell; so stated before
the coroner's jury; cannot say where I
| struck him, think it was some where about
the head; used nothing bat my bare hands;
| think he was taller than !; don't remember
where struck him at any time; fell on
top of him; we both went down together;
when said didn't jump on him very
hard I meant fall, instead of
jump; we both went together to the ground;
1 sprang with the fall; struck him at the
same instant; had no revolver during the
fight; handed it to my wife afterwards:
had it in my pocket during the time.
MRS. FLORENCE HANSON
was next sworn and testified, the following
being an abstract of her evidence. She
first related the tragedy substantially the
same as she had stated it on Wednesday
before the coroner's jury, and as published
by the GLOBE the next morning.
Dissemination was inside the
house when the man came up to me; he
had hold of my right arm, which is black
and blue from the effect; do not know
with which hand he held me; was so ex-
cited that l cannot remember very dis
tlnctly everything which was done; the
man had nothing in either hand that I saw
during the entire fracas; my husband
made the strokes with his hand; did
not tell Katie Theis that my husband
struck the man with a revolver; did not
tell her that he simply reached in his hand
and tried to come into the house, but told
her that he caught hold of my arm; when
the officers came to my house after the fra
cas-, L have no recollection of standing be-
hind the door IN Illustrating to them the
position In which was when | screamed;
L did not tell the officers that the man
took hold Of me when he opened the door.
l surely have a more distinct recollection
of the occurrence between my husband
and the man than anything which I might
have said to the officers; was as excited
when they came as during the fracas; l
did not tell Katie Theis that my husband
went to the bureau and took out hisre-
volver and struck the man with it; am
positive.
The prisoner was again called
to the witness stand by
Mr.. Wilson who asked, ':Mr. Hanson,
did you or did you not think the man was
about to do you some great personal in
jury?"
Objected to as leading. After a spirited
discussion the court admitted the cues
ton.
A. I did think he was about to do me a
great personal injury.
2. By Hutchinson: Did you still think
SO when you had returned from across the
street and kicked him as ne laid there?
A. l did not kick him; gave him a lit
tie push with my foot. The man did not
l'get up after I struck him the second time;
think he laid full length on the ground
until the officers came: met gentle
| man and lady on my way after
when going for an officer, asked him if
he had seen policeman; told him had
either burglar or tramp in my yard;
don't think l told this man that MOriarity
had club in his hand; was excited and
had been running; don't think 1 said any
thing about the man having a club: he did
not have club that saw; am pretty pos
tive about not having said any thing about
his holding club over my wife.
The defense rested.
| OFFICER JAS. HOWARD
was sworn for the state in rebuttal.
Q. Did you have conversation with Mr..
Hanson on the night of the homicide?
| A. Yes, sir.
Q. What was that conversation?
| Objected to by Mr.. Wilson on the ground
that in rebuttal testimony conversation
cannot be introduced, as it would be ex-
animation in chief.
| Mr.. Robinson argued that he had
right to rebut the testimony given by
Hanson respecting his fear that the man
was about to indict some personal injury
either upon himself or wife.
Mr.. Wilson argued in objection, that
such testimony must be n
a nature of impeachment, and
therefore a proper foundation
must first be laid. No matter what Han
son had stated to the witness; he was not
then under oath and hence that could not
be improbable testimony.
| The court held that while he thought
Mr.. Wilson's position was correct, he
would permit the witness to answer mas
much as he had permitted the prisoner to
state what he thought and not what he
knew.
A. We got into the patrol wagon to go
to Hanson's house after the man; asked
him what was up; he said there is a -
- out at my place; asked him what
he had done; he replied she broke up my
house, he said he bet he would
not move from the place he was
left The witness here related
the same conversation between the defend
nd 10