Morning journal and courier., 1882-05-12

wards the city alone; Winthrop avenue IS the terminus of my route; where my car stops is not over 300 and not less than 200 feet below James Malley's house; the car started just about the same time that he started I presume that he passed the car, but did not notice him as I went inside; James did not get out of the buggy while he was at the house l heard of the death of Jennie Cramer on Saturday noon of that week.
 MT. Blydenburgh cross examined Witness said-I presume saw other parties driving up there that day. Who they were I can't say. was obliged to be where l have said my stood at that time on that day. l | looked at my watch that morning when re- ported at the car house. It was half-past l o'clock. I looked at my watch Wednesday | morning when reached the car house. It was 39 minutes past 7, which gave me min l | utes to get my car out. On Wednesday the l week before started out at 16 minutes past z; the Wednesday after that at 16 minutes past 6. I know the time from the schedule running time on the road. | Asked if he could remember seeing any other parties riding that month the witness named his brother. He saw him on the 1 Tuesday or Wednesday after August 6. lie ! could not mention anyone whom he saw rid ing the previous month or the month after.
 Anyone the first week of this month?
 Yes. sir ; Mir. Blakeslee- It was on Mon day or Tuesday.
 Didn't you state to Mir. Lessey that you
 were not sure whether it was Thursday or Friday?
 No, sir He remarked that it was not best to be too sure about it.
 Mir. Blydenburgh repeated the question,
 and the witness admitted that after consid-
 erable conversation with Mir. Lessey he did
 say he couldn't be certain whether the day l was Thursday or Friday I made the state
 nlent, said the witness subsequently, to escape further argument.
 So you make statements to avoid argu- ment.
 I do when the argument does not suit me.
 MT. Lessey was my employer and I didn't
 want to have any argument over what con-
 sidered thing of such small consequence.
 Witness continued-The horse that James
 was driving was brown; the collar of the
 harness was 8 breast collar he had on light l colored overcoat; when l first saw James
 was inside the car sitting down; when the car started came out; James was then turn
 ing his buggy around the lady I think was, standing at the gate James was driving very fast when he went by
 l Have you ever stated that you saw James
 Malley riding on Thursday, the 4th? Did you not so state before the grand jury? No, l sir.
 Did you not tell Miss Lizzie Malley before
 the grand jury that it was Thursday and give
 a reason for remembering it :?
 ] MT. Bush made an objection to referring
 to the grand jury evidence and the court sus- tained him.
 Have you stated to Mir. Lessey, the grocer on Chapel street, that it was Thursday? | No, sir, I have never so stated to any per- son whatever.
 Have you not talked with detective about the case?
 1 did not know that he was detective, but Mir. Barrett, the driver, afterwards told 2 hax To1c ko1I had f. T,occ dusc } store about it with Mir. Lessey and John G. Bates.
 ! Was Mir. Malley acustomer of MT. .Lessey's asked Mir. Doolittle in beginning the re direct examination. Yes, answered the witness.
 It brought out an objection from Mir Jones'
 MT. Doolittle said the obj ct of the inquiry was to show that Mir. Malley was regular customer of Mir. Lessey and that Lessey wanted to keep his favor by urging this wit ness into belief that he was mistaken. The court said it was too late, the question
 had been answered
 Did he have silk hat on? Didn't notice j;
 noticed James Malley about three minutes
 Was sitting partly swung around on the car when first saw him. Looked out of the car window, north side, in the end corner.
 He had got almost burned around. The Fl young lady was standing at the gate. The party I saw driving was driving very fast. was there at same place on Thursday at about | OAAS S'S-AiS e4e@AS' MAMMA ~~A~~A e%S~N OA
 Thursdao.
 Witness Ito Mr. Doolittle MT. Lessey is | & grocer yes, sir, was in his employ. I MT. Jones objected.
 MT. Doolittle held it was proper to show
 the relationship of the parties
 l The court said 1t was proper to show all the circumstandes under which witness had said that the ride might have been on Thurs.
 day and not on Friday. , 1 Charles R. Whedon was called for, but was
 not present.
 Charles s. Barrett Ito Mir. Bush1--Live 22l , I East Grand. 1 was car driver at that time l; mean in August last am conductor now.
 remember seeing James Malley driving fast
 in 8 bar top buggy with brown horse up Whalley avenue in August last on Frl- ] day, August 9th, at about o'clock; have seen James Malley; have seen him on my
 car; James Malley was driving past MT. , Stone's house on Whalley avenue, corner of Winthrop avenue; he was driving from the city, I was standing on the car he drove up little way and then stopped; the girl
 came out of the house and spoke to him, and , James drove off in the direction of the city l and saw no more of them; I first heard of ! the death of Jennie Cramer on Saturday. the day the body was found, near noon, as I was , going up Chapel street. MT. Bush to defense-You may inquire. Cross -examined-To MT. Blydenburgh- My car was due there at the same time prac, ticallv each day that was the company rule
 we varied from the rule on that day there I was no special variation that week; no,
 nothing in the time that would help me fix the day heard James Malley's name men,
 toned in connection with the story; I testi- fled in West Haven; I did testify in West
 Haven that could not fix the date until
 had 8 conversation with MT. Hull no, hadn't
 thought anything about it until heard
 James, name mentioned in connection with
 the case, and hadn't thought whether it was Thursday Friday evening l saw him James--start down. !
 He might have driven to the house, ar ranged with young lady there for her to got her shawl and bonnet on and be ready to take ride when he returned, and then might have come back and got her and taken her out to ride, and this would not conflict with what you saw? It would not. I saw him have few words with the lady and she turned and went into the house. ! To Mir. Bush-Yes, recollect after & talk with MT Hull that I had seen James Malley driving that evening. ... 1 Charles R. Whedon sworn-( Examined by 1 Mir. Doolittle)-I knew in August last man named Persch; he was, think, in my office | in August.
 | Have you been for several years attorney for Edward Malley? MT. Jones objected to the question and asked what MT. Doolittle intended to prove.
 Mir. Doolittle said-Oh, that there has been talk about hush money and that Edward Malley had set trap to catch witness and did not succeed. 1 MT. Jones (with decision )-Edward Malley, l your honor, is not on trial, These boys are l 1 on trial 1
 The court-I see no objection to the ques- tion. MT. Jones took exception. | Witness-Have not been Edward Malley's l agent for the transaction of business for sev- ! eral years past; as to having been his agent l or attorney in the past six years I cannot an- swer without reference to my books have 1 certainly not been his attorney or agent in three years past I have done business for MT. MalIey in former years. Have you aided the preparation of the de- fense in this case?
 Mir. Jones-Wait @ moment that object to.
 The court-Mr Doolittle, do you claim that
 MT. Doolittle-Yes sir.
 The court-I admit it. Question put again.
 Witness-No, sir. Witness excused.
 Cross examined by MT. Jones:
 MT. Jones-Mr. Whedon, have you had anything to do with this case, good, bad or