, 1888-03-23

witnesses except those of unsound mind
and children under 10 years of age
who appear incapable of receiving just
impressions of the facts and transactions
respecting which they are examined, or of
relating them truly" Concerning Trum-
ble's infamous character many citations
on the subject were made and several
opinions read.
MI. Patterson spoke smoothly and in
| clear tones for two hours, and the au-
dience admired him more thar ever. All
felt that the alleged murderer was being
ably defended.
Nh. Campbelrs reply to the great
Colorado attorney was a surprise to even
his intimates. He deliberately almost
annihilated the theories and propositions
of opposing counsel. Criminal lawyers
of extensive practice. he said, became
imbued with the idea that their clients
were entitled to every consideration and
that the rights of the people we're as
naught. He took up the propositions of
the prisoner attorneys consecutively and
lucidly expounded the ideas of the prose-
cution in the premises. Ignorance of the
statutes excused no one. While on this
subject he would repeat a conversation
overheard by himself recently. Mr.. Pat
terson had asked his co.counsel, when
Trumble took the witness stand, if the
evidence of a convicted man was admissa-
BILE in this territory. Mr.. Fisher had re-
sponded in the affirmative.
The objection to the obnoxious witness
was only tenable upon the occasion of his
appearance in the box. If this procedure
was tolerated in one instance objection
to the evidence of any witness would al.
ways be considered timely. AS to Trum-
ble's infamy, the cloud, if one had ever
obscured his competency or credibility
had been removed by the suspension of
sentence. At all events the statutes of
Wyoming did not debar Trumble from
testifying in any case. The law indicated
the incompetent, and convicted telons
were not included in the category. Mr..
Campbell stoutly maintained that in the
instances of exclusion of evidence on ac-
count Of the infamy of witness the crime
had been committed in one state, while
the trial was in progress in another.
Trumble had been tried and convicted in
this court.
Mr.. Campbell concluded a few minutes
after 10 o'clock and an adjournment was
taken until 9 O'Clock this morning, when
it is expected that a decision on
the motion will be rendered. Whatever
the verdict, it will be Just and equitable.
1T the controversy results adversely to the
prosecution Harry Patterson, strongly
suspected of the commission of a foul
murder, is practically a free man. Should
the opposite develop, the law will take its
course.
Yesterday morning Patterson resumed
his interesting story. He had halted the
previous evening after telling of his mar
rage at Great Falls, Mont. He lived
there quietly until arrested by Deputy
Sheriff Smalley. Witness did not have
the courage to conide the truth to Mrs.
Wilbur, and denied his identity to others
because be wished to first divulge the
secret to his better half.
The cross examination was a disap-
polntment to many. 1t had been antici-
pated that Mr.. Stoll would he merciless in
questioning the defendant. The prosecu-
ton WIS evidently satisfied to allow his
narrative to 60 to the jury on its merits,
and no attempt was made to extract con-
Trajectory statements from the prisoner.
The defense called several witnesses,
who testified to the general good char.
acter borne by Patterson in this section.
An attempt was made to impeach
Frank De Castro, an important witness
for the defense. Frank Lusk testified
that De Castro's reputation for truth and
veracity was bad.
Mrs Rudolph of this city had known
DeCastro since last January. She had
heard him alluded to as being untruthful.
VIM. c. Irvine. noticed Patterson in
Rawhide Buttes in 1885, Witness be-
lieved that the six shooter exhibited in
court was carried by Patterson at that
time.
1t is believed that the testimony is now
all in, and it is probable hat arguments
will be made to the Jury to-day. There
can be no certainty in this matter, how
ever.