The true northerner. [volume] (Paw Paw, Mich.) 1855-1920, 1885-10-22


defendants, and to show that they
were inadmissible the defense called
the prosecuting attorney to the stand,
who detailed the plan by which the
man Stearns, a detective, was placed
in Jail, and also testified as to Matt.
Pinkerton, who appeared as A. S.
Trude, Stearns' lawyer. He was fol-
lowed by Sheriff Todd for a similar
purpose, who gave additional details
of the detective work. Justice War
ner was also called for the purpose
of fixing several dates of arrest, COM
mitment, etc. Joseph w. Rogers
was called by the defense for the
purpose of showing the inadmissibili-
ty of the proposed testimony. He
was also in jail with the respondents.
Aaron Van Auken was also called
to further elaborate the work and plan
of the detectives.
Frank Jones was then sworn, and
asked as to a certain conversation he
overheard in the Jail. This brought
on additional argument which con-
sumed the remainder of the day and
court adjourned, the Judge remarking
that he would render his decision on
the question of the admissibility OF
the proposed testimony, on the COM
ing in of the court on Monday morn
ing.
MONDAY, OCT. 10.
S. N. Conkle testified that he was
an inmate of the Jail and heard Marsh
Barker say to DePuy, another in
mate of the jail,"I did kill the man."
Didn't hear any further conversation.
Mrs. John G.. Todd was put upon the
stand and identified twenty-one
notes, the most of which had been
written by the Bankers to each
other after they had employed coun-
sci, and handed to DePuy for de-
livery, and which DePuy had handed
to her instead.
Witness was asked if she recollecteG
trying to brighten the respondents by
having some one tell them a mob
was coming, to which she replied
that it was only demonstration
made by some children for the pur.
pose of frightening Bass and Jones
and had no reference to the Bankers
DePuy was directed to deliver the
notes to her instead of the parties
for whom they were intended.
Witness heard Pinkerton tel
Marsh Barker, on the 9th of Aug.
that he, Pinkerton, was not a lawyer
and was going home, and perhaps
would never return, and for him to
secure another lawyer.
Alexander DePuy, who was pris
oner in Jail, under sentence for big
amy, testified as to the identity Of
the notes that he had handed to Mrs
Todd. He also detailed converse
ton which he had had with VIM. K
Barker, substantially as follows: ''I
was sitting in the room by his cell
and he got to talking in relation t.
this murder case; he says, Marshal
Barker came to my house about nine
o'clock, and stays till his wife comes
from church, and then he came back
and Marshall G.. Barker and William
K. Barker went from VIM. Barker's
house, while VIM. X. stays by the
gate and Marsh goes into the house
goes to the door, pulls off his boots
goes in and strikes match, but he
didn't see no light but he heard a
noise and rushed to the house. After
he rushed to the house he saw Marsl
Barker having the pants in his hand
and his hand in the pocket, while
Keith was getting out of the window
and Marsh throwed the pants dowr
and grabbed him, commenced t.
choke him, and Harvey Keith kicked
him off; then VIM. said he grabbed
him by the leg, Marsh jumped onto
his stomach, and he said he was
nearly gone, and he fell upon him
and choked him till he was a corpse
Mr.. Heckert showed the witness 9
paper signed by him, the witness
purporting to state, among other
things, that this statement of VIM
X. Barker's was not stated to him as
the facts of the case, but as state
ment of Williams, of what he, VIII
liam, had previously told Pinkerton
The witness denied that he so under
stood the contents of the paper
when he signed it at Mr.. Heckert's
request. He also denied his under
standing of other statements contain
ed in the paper, and that if he had SC
understood them he would not have
signed it. Witness further stated
that Mr.. Heckert said to him that he
(the witness) could refuse to testify
at all, and the only thing the judge
could do would be to send him to jai
for contempt of court, and as ne was
already under sentence, that would
make no difference. His cross-exam
nation was long and searching, he
being on the stand the greater por
tion of tho dav