Omaha daily bee., 1883-10-04
CROSS FIRE.
The Examination Closed and The
Prisoners Bail Fixed
at $4,000,
The Attorneys Spend the After
noon in Arguments,
Little More About the Tragedy.

Little More About II Tragedy.
There was considerable delay yesterday
morning in getting at the further examin.
alton in the case of DIR. Cross, charged
with the murder of DIR. McKune. The
hour set for resuming was $3.50, but all
were kept waiting, the state desiring to
introduce some witness who was not
forthcoming, and the delay being IN that
account. After waiting about three
quarters of an hour Mr.. Baldwin insisted
that there should be no further delay,
but the Judge thought it was too impcr-
tant a matter to make too great haste IN,
and they had better wait on the prosecu-
ton a little longer. After some more
delay, Mr.. Lennox, who testified the day
before. was recalled, and questioned n
little more closely as to how he knew
that it was DIR. McKune who spoke first
to DIR. Cross, as testified to by him the
day before. Mr.. Baldwin objected to
his being asked about this, as the witness
had already been examined fully, and dis
missed by the state, and could not
be recalled. The state wanted to know
of the witness how he knew hat it was
DIR. McKune who spoke, and, the objec-
ton being overuled, the witness replied
that it was the man who was behind, and
he afterwards learned that it was DIR.
McKune. He knew neither of the men
by name until afterwards. A number of
other questions were asked, but ruled
out on the ground that the matter asked
about had already been testified to by
the witness the day before.
Mr.. A. w. Cowles, of the firm of Harle,
Mckune N Co., was then called to tesUi-
fly as to DIR. Mckune's natural gait III
walking. He had known him since 1871,
and knew that his step was short and
quick, and that he was a rapid walker.
He testified that DIR. McKune was quite
regular in his habit of going to supper
about 6 o'clock. That night he was a
little later than usual, and it is probable
that it was G:15 o'clock when he left the
store. He left the store from five to
seven minutes before the killing. DR..
Mckune weighed from 2l0 to 90 pounds,
and stood about 5 feet 10 inches. He
wa a large stocky man.
The state then rested, and the oefense
introduced Frank Seaman, a boy about
IL years of age, whose home is at 1lS
Grace street, and who was in the employ
of DIR. Cross. On the evening
of the killing Mrs. Cross had
sent him after baking powder at
Mr.. Badollet's store, and on returning he
met DR.. Cross at the corner by tho Citi-
zens' bank. DIR. Cross gave him a half
dollar, and told him to get two quarters
for it at the postofice. The boy got the
change and coming back got rs far rs the
corner of the Citizens bank, and looking
down Pearl street, he saw DR.. McKune
strike DIR. Gross. DR.. Cross was going
to his office. The boy ran toward them
and as he got to the Pearl street crossing,
DIR. Cross was trying to get up. When
he got up to them, DIR. McKune was
choking DIR. Cross and tho latter was
trying to get out his revolver. DR..
Cross was against the fence, one leg bent,
and partly down, when he got out the
revolver. They struggled out to the
edge of the sidewalk into tho gutter and
as they got back to the edge of the side
walk, DIR. Cross shot and DR.. McKune
fell, The boy gave DR.: Cross the two
quarters, and was then told to go get q
policemen and he run up to the police
station. When he came back he found
DIR. Cross lying in his Office, his wounds
being attended to.
On cross-eXamination he said he had
been working for DIR. Cross about five
months, but had lived at home except for
the past week, when he had been living
at DIR, Cross house. When he started
after the baking powder DIR. Cross was at
home, standing by the window with his
wife. When he first saw DIR. McKune
and DIR. Cross on First avenue, DIR. Cross
was right by the lamp post at DIR. Wood
bury's office. The lamp post was lighted.
Dr.. McKune was there too, about five
feet from the post, DIR, McKune struck
Dr.. Cross first. They were fighting
under the lamp-post, for it was from the
post that DIR. Cross fell when DIR. McKune
hit him DIR. Cross fell by the building.
One hand of DIR. McKune, the right one,
was doubled up and looked shining in
places like silver. he saw this AZ DIR.
McKune struck DIR. Cross. The boy was
about ten feet west of the Citizens bank,
On First avenue. when he saw this, and
he thought by the shining look that DIR.
McKune had on brass knuckles. DIR.
Cross fell against the building, about
midway. He was almost down when he
fell against the building and then went
clear down III the sidewalk on his face.
This was caused by the blow given by
DIR. McKune in the back of the head.
When DIR. Cross was trying to get up DIR.
McKune got him by the throat and
commenced pounding him, striking him
in the face. By this time the
witness had reached the Pearl street
crossing, and saw him strike DIR. Cross
four times with his right hand in theface.
DIR. Mckune had something shiny in his
hand when he struck these four blows.
DIR. Cross was trying to get up. As the