Telegram-herald., 1888-03-15

SAID sasze woai1 % exsS ersgxa a. A.. eaa
rs santss - as ne "a a. Then ss bekxa
q s<ik pr,s.lely s3o0z nay eass. a2c - SD
h< solld see TIE PFsszcEtias a stor1es. aud
tod ne 1 aeei noz DoLasr oyseif abo1l tae
case - IL w2aidat cot me csal. l
thanked - and Ell. I never pad Esg ss-
toa sng money. snS o0iy paid AcBrias
shat = - due dim for conducting iny case.
>ullla SAID la shs c04sers4llon that hs
cea.d IA ass ne if tbsE sAs all I knew.
AF Cl4y-D4i s0a ever pay NE any
noAsyg
WiEness-No. sir
Mr. c4sy-Dld smith want you to sec
other people 10 agd oat something s6ous
me-
WiiBsss-No sir.
Mr. ci4y-Bat il yoa could be fay Jss
10 him ns wOuli maze your case sasy for
your
witness-Yss sir.
Mr. Fl<teaer-How many tiiaes have
yoa been prosecuted for liquor law viola
li0ss n The past four years.
Witness-I dOnt know. I'm a regular
customer (saghlsrl thius four times.
AR. + .ele1sf-Was EoI one Of your cases
dropped without lrlA2
Witness-Ihat was comprOmiss be-
tween ms and the Judge and the superin-
teadeat Of Police snd The Assistant Prosee-
cutlnK Attorney.
A recess OF nvs minutes was then taken
alter which Dir. Clay took the stand aud
resumed his teslimony-Afler the decision
IA the Supreme Court ofthis case Dr. smith
talked with ms frequently as q champion
and friend ot Dr.. Alksns. | don. reniem-
Ger the particulars OF these Conversations
but | do rememoer saying To him some
where thai IL would DC good thing for
DR.. Akin 10 have the testimony aud the
decision OF the Supreme Court published in
the newspapers, that IL would be worth
hfty dollars To prepare this Tor publication.
1 may have sworn AZ Or. Smith. as l was
annoyed considerably by people in regard
10 the Akin case, and have no doubt that
swore. but | am sorry for il now; when
the September term opened IN the Circuit
Court / desired that the case 20 over the
term, but the Court stated the case must be
disposed OF AZ that time. aud gave ns only
ten days u do it IN. / consulted Judge Bur
llngame aud others and decided
10 tile reasons for asking the
nolle pros OF the case for the
consideration of the Judge, | did not let
DR.. Akin. his attorneys or friends know
what was doing. and | believe they all
thought was going on with the case until
they heard the reasons read and approved
of by Judge Buriingame. In regard 10 the
alleged prize-tghi business, / saw the post
ers abou. the iikht. and told Sheriff Bishop
that II IL was snt IL was his duty 20 ar
rest the parties; was at Sweets Hotel the
evening OF the contest. did not know
Byess, FORBES. or any OF the parties were
there; there were several strangers in the
office, ali wele talking about the tight. The
question was frequently asked II the prize
night was going TO be stopped; stranger
asked me II | was going TO stop the tight,
and told him | was not; that If Ii was
stopped the Sheriff would do it. Mr. Byers
said ne wanted to see me, and We went into
a small room OIL the bar. he said that Re
was Ia hard luck aud that be h.d his all
staked on the sparrlng match, and didn't
| want II stopped; he said he
| had $50. il could quiet the rumors aud let
| 1t go on; told him would take no money,
| as had nothing TO do with it, he said he
| wanted 10 see me again, and when Ee came
| back he said be could get 500 out OF the
| other side; he wanted me to 60 Up stairs,
| and consented; was introduced to one OF
/ tie combztants, and Byers opened the con
| versation by saying that they would have to
| have 500 or the contest would be stopped;
| told them had nothing to do with 1t, ana
| advised them TO take the Sheriff out there
aad let him examine The gloves.
/ The Sheriff aud Byers talked to-
| gether in an adjoining room;
| left them all talking there and went down
stairs trst some one handed me compli
msntary ticket and said a back would be
| provided for me. | refused to go and did
| not 90; l said the last thing before the
| Sheriff started that ] still thought il was 60
| ing TO be q prize fight and sald it shou q be
stopped; l had no object in talking with
these men except 10 fad out what tue con-
test was going TO be; | made no demand on
| anyone for money do not remember all Of
the conversation as there was considerable
excitement then.
| Mr.. Taggart-What time of day did you
| have the conversation with General Smith
| at The Morton?
| Witness-lt was in the evening: in the
| Office of the hotel: | think Mr.. Hawkins
| was there; no one took part in the conver-
sation; Mr.. PantlInd was there; | am sure
| he was in the office SIR. Eggleston went
| with me TO Grsndyil!e. when | went to sec
/ Mr.. and Mrs. Nolan; Mrs. Nolan said she
didn't want to 90 into court again; said she
didn't blame DR.. Akin. but thought tnat
some one else instituted a. | say that Mr.
1 Earles testimony In regard 10 my ssSing
| for money to nolle pros. the Akin case was
| false.
Mr.. Taggart called for Mr. Earle's testi-
mony. and read some OF IL, asking the wit
| ness questions.
Mr. Clay denied everything and said that
| since Mr. Earle mad become the attorney OF
sation he ever had with him into this case
aud had them badly mixed.
In answer 10 questions by Mr. Tsggart
| shout Sir. E4ries action in the Akin case,
| Mr.. Clay ssid-i know that Mr. Earle went
| 10 ohenff Kinney aud asked nim 10 allow
Mr.. Akin % SO home ater
be had been committed to jail, in vio-
lation Of the law. never asked money from
any one 10 nolle pros. the case, Mr. Earle
/ kn-o Ds.ts 4.
attorney than ~ an unprejudiced witness,
/ think DR.. Smith taxed to me
| about the Akin case about fifty times
he never said 10 me that Dr. Akin offered
| me 500 to nolls pros the case: | probably
told nim that it would cost 500 TO have IN .
testimony aud decislol OF the Supreme
Court published in tee papers. I never sug-
gestsd money to him, don't remember
tsi King With any of tue Supervisors about
this case. did not tel Mr. Earle tba: the
Supervisors would pay tbe expenses of an
other trial | hsd q conversation with
| Marsh ByeFs in Sweets Hotei Ia The even.
ing Of the spsrring match. never talked
With Forbes about sny money. be was
drunk. I ha1 taken fe~ drinks. Bsers
said that If he could get money out OF the
other side. be would make me present OF
part Of H. do not know how
much. msfs no demand. ne
dd a. the talking a3out the
| money. there ras 40 Argument. BTeTs i
What on might cal sharper. be Tss try
Ing 10 brinx Saerif Bishop anl myself into
the matter iu order to sKfort mooeF fr0ai
/ bis opponents Ts were taere ior a ie-iii-
! mas parpose-
This closed the tsssiuo1sv Of Mr Cay.
snd be seated ths a. tbe case 81 Corns
| Dskorns. charged vi'h assanit With intent
t. c0ramts rae. vas on fTIss 10 re Superior
/ Col-t sud thar - he gss personally &C.
Qns 1fsi With the fscrs .as desired thst an
a8l0urmeat - bad anil tomorrow