The Tombstone., 1885-08-31

presence in Ihr store ] think.
 his ticket that time; l heard h u
 turnrd the ticket. He did not state l.. why he returned it; heard him speaking ! il in the store that he did not want To 70, said this sometime in the afternoon Of Saturday; l made lhe remark that l Was going 10 the show in the forenoon. Henry had key 10 the back gate which would admit him tO the shed, and he could hen gc, the key of the store; the key WAS | only put in its hiding place when l was in | my room back of the store; Henry Raymond opened The store in the morning about five or six o'ciock, q. m., was usually in my room at that time. Henry mad free access l to tue store anu to the keys of the store while was in b q, that is ,Le keys of tie doors of the stuIr. Fiiz icnry was surposed ! 10 close Inc oacE dor oi the store; left the ! store on Salurcay evening about [ or 1:30 ] o'clock; WAS not in the store before or l o'elC ck. and at that time went to bed. CROSS EXAMINATION.
 l entered the store when I returned Sun day morning, by the iron, door. put the | oar up alter ! entered. then passed through lAe back door of tLc store, the back door Was locked; the key was in the door; lock l the door after lasse ed out; l think l put lhc heY Ill It's usual hiding place, u> 1 was accus- toned 10 do. As passed through the store noticed tt broken laIn pshade on the floor, il Was near tLc desk, near tee safe, opposite tue gote of tIe railing olilid the safe, the globe IItaf irEI,.u yyuS an ,,fr. ,rlnl,, mai :n u>e on any lamp.
 J. C. Brown sworn. I know Henry Ray ! mund by sight; he worked for Fitzhenry x Mansfield; l remember the show called the Nashville students. l don't remember the ! date, but can fix the date, il was Saturday May 23, 1885 Mir Israel and l both sold tickets for the show. I sold Henry a ticket 10 tqat concert. think ii gas the day be- ] fore the performance, that was Friday. Hen- ry Raymond a ticket, he gave me a dollar for it and the next day he came to the store and said he could not attend aud asked me 10 refund his dollar and d;d 50. He want cd the money back, as he sad FitZhenry 1 told him that he Henry had 10 go to Fair ! bank Saturday night and would not return
  ! would have no use for the ticket.
 Fred Hall bc!ng recalled ty defense des- crib,d the key filed by smith to fit the in side lock of F ts Ms safe, (witness draws q plan Of key,) jud ses it had five notches in it. 1 had round handle to it: IL was q fLt key. l CROSS EXAMINATION.
 ! Witness shown keys, and picks out two | ,T... l.s fl,a I ] REDIRECT.
 l had the key made by defendant in my
 hand while it Was in Smiths house. 1 took | the key of Of Smiths wardrobe shelf. can't
 say if any one there while ! had it Tn my
 hand. l had 1t in my hand more ihan once.
 before and after the robbery of tS MS safe
 I got the key from Smith to lock my valise | I had no key then and have uonc now First
 time TmIth gave me the out oi lis trunk
 and sad if you cln make that key fit your
 ysli$e you will find it in The wardrobe oI in
 the trunk. tried the key in my valise. il
 would lock bGt not unlock it. YalIse sroTn
 m court key Of M & F's safe given witness, | key will not unlock yaiise.
 | REDIRECT.
 l Fitzhenry recalled. Before the show
 arrived he said he would like to see the
 nins,rels, and thought he would see. The
 show was on Saturday night Sunday
 morning I asked him how he liked the
 show. he sad he did not go. nothing
 more sad until Monday. learned that
 he had purchased B ticket at S5l Israe.'s,
 and bad returned it. I inquired about
 it. I asked Henry why he used py oame or our name when he returned the ticket. I told him 1 understood that he
 stated that I or the fr,n ci Fi zhenry 6 Manzfe,d were to send him 10 Fsirtank,
 he replied that he made that as sn excuse
 to get his dollar back. He said he did
 not go to the show ss he was too late
 getting away from the store. l did not
 tell him he would have go to Fairbank
 and would not return until Sunday
 morning, and he afterwards apologized
 70 me for telling the lie. Two punches
 of keys shown witness that Hall had selected Fi.zheny picks out 9 keys bs