Weekly expositor. (Brockway Centre, Mich.) 1882-1894, 1884-12-25
proved and not word of evidence had

opened on the morning of the 18th, the
court overruled the motion of the de-
tense to compel the people to elect
which count of the information thew re-
lied on. Mr.. Montgomery opened his
argument in support of the motions
made the other afternoon by reading
from large number of authorities.
He then took up the requests, or mo-
tons made the other day, referring to
each separately. He said there was
nothing to the case but rumor and stuff
and MIR. Gibson's ipse dixit opening.
In reply to this Mr.. Wilson said It
was out of place TO allow twenty-five
falschoods to stand on tho record of the
case, and, IL the requests were granted,
It would place the prosecution where
they ought to have started. He said
in all the evidence thus far, which has
taken month to get in, not a word has
been given tosshow that Holcomb was
out of his house that night.
Mr.. Gibson said the motions, or re-
quests, were inopportune and out of
place, but when the time came the
prosecution would DO found able and
ready to say what thoy thought had or
nau not Deen proven.
The afternoon was used up in argu-
ments by Gov. Blair, Mr.. Gibson and
r. E. Frazer. A decision will probably
be reached in this morning.
In the Crouch case on the 18th
Judge Gridley denied the motion of
defense to dismiss the case for want of
proof The Judge also refused to strike
out that testimony relating to a con-
spiracy or the tracks across the wheat
field. The court complied with the re.
quest of defense to caution the jury on
points claimed by the prosecution in
the opening upon which no proof WINS
offered.
At 11:20 Mr.. Wilson opened the de-
feuse by stating that it was not neces-
sary to prove tht innocence of the de-
PENDANT, but IT, show that the presecu-
ton had not offered any prof of his
guilt. For year, at a cost of $40,0 900
to this county the people had labored
and brought forth this little mouse.
They had not shown one point of proof
against Dan Holcomb.
The defense will endeavor to show
that Mr.. Holcomb did not tell the de-
tective that he bought 3S calibre re-
volver in Lansing; he will swear that
he does not remember any such con-
versation. We will show the pistol
Dan had up there was 32 calibre and
not q 50, and the balls found up at
Williams were fired from this 32 calibre
pistol. The boots bought for Holcomo
by Judd were Goodyear's not Boston
boots.
We will show that when Harrison
claims to have met Foy on the boat in
1880 the latter was working on farm
in this state. We shall show that there
were no such papers at the Crouch
house as Allen claims were given to
him by Henry Holcomb. This is all
that we have to say ond promise you
that few days will conclude our part
of the case. The defense then called
Charles f. Andrews as the first witness.
He is Is years old; was at Holcomb's
the night of the murder. Foy had been
husking corn during the day. All
played cards in the evening and slept
up stairs in one room. Witness slept
with Foy; went to bed about 8 o'clock;
had just got to bed when the boys got
up to put out cat.
Foy and Judd got up. Went to sleep
at once. Judd woke him up talking To
Fred. Loundsberry. Judd asked Foy
il he heard it blowing, and Foy said,
Shut your mouth and go to sleep"
Fred said he had heard the clock strik-
ing while they were talking. Got up
al in the morning. Judd was in bed
when witness got up; both Foy and
Judd went down ahead of witness.
Bolles came there about 8 o'clock.
Judd and Foy were in the road and
Bolles said they were all murdered at
Crouch's. Judd said, ut can't be pos
sible.' Holcomb came out of the house
and when the boys told him commend
ed crying. We hitched up the horse,
and Foy was not going over, but Judd
told him to get in. Thinks no one ate
breakfast. Holcomb went away with
Hutchins in buggy. Mrs. Holcomb
walked the floor and cried. Mr.. Hol-
comb said nothing 10 any one while
Dan was gone. When Dan came back
from town he held his horse hitched
up and drove over to the Crouch house
alone. Bolles said when he came over
to Holcomb's that Policy was killed,
too. He said they all had their throats
cut.
The witness said that when Mr.. Hol.
comb got up that morning he asked
for bundle that lay on the couch.
Witness carried it to him and Dan took
out pair of new rubber boots and put
them on.
On cross-examination he said Judd
came from town that night, Did not
sec him have any bundle. Did not hear
Holcomb get up in the night. He remem-
bered he testified before that he could
not tell what day it was that Dan put
on the boots; did not know what made
him remember now, had been talking
with Detective Baker about the boots
and Baker had read the testimony to
witness, and witness said no ono could
get up without waking him in the
night, but Foy frequently got up morn
ipgs and left witness asleep in bed. Did
not see anything of Holcomb after
supper till next morning.
Adjourned.
Charles Andrew wa recalled on the
Goth His people lived in the city ut
the time of the murders. Afterw ards
witness went home. Holcomb came to
the house and took witness to ride. Judd
had also come to see him and had driv-
en- him about the city. Witness swore
that he undid the rubber boots on the
morning of the murder, and Dan put
them on.
Henry M. Morehouse sworn: Lives
at Springfield. Mass. is superintendent
for Smith & Wosson, the pistol manu-
facturers. Witness was shown a 3S-cal-
Der revolver belongingt to Holcomb. No