Belmont chronicle. [volume] (St. Clairsville, Ohio) 1855-1973, 1889-11-28
THE DEFENSE RESTS.
THE STATE CALLS WITNESSES FOR
RE8UTTAL TESTIMONY.


RE8UTTAL TESTIMONY.
Defense and Cross Examination
Becomes Badly Muddled-Trying to
Capt. Setback Recalled and Denies
that Crow Made Report to Him.
CHICAGO, Nov. 26.-When Judge Nc
Connells court was called to order Will
lam Mertes, the milkman who had test
flied for the prosecution in the case. was
recalled by Mr.. Forrest for the defense,
and went over his testimony again and
also testified as to conversation he had
with two policemen about the case day
or so after the body had been discovered.
The witness told the officers that he saw
a bay horse, with white face, coming
north as he was going south; that the
buggy stopped in front of the Carlson
cottage, and that he saw a tall man get
out and go into the cottage The wit
ness was then examined at length as to
his conversation with the policemen, and
admitted that he had told the officers that
he did not know what day it was that he
saw the horse and buggy drive up.
j. W. Fraliek was the next witness,
and testified that the defendant. Kunze,
had been employed by him from April 26
until June 30, the day of his arrest.
KunZe went to work on the morning of
May at S'clock. and stopped work at
$50 On the Monday after he went to
work and quit at the usual time
To Contradict Carlson's Evidence.
Dyer Thompson was next called on
behalf of O'Sullivan. Witness was fore
man for Mcdride. in the ice business, at
50 Union street, and had been in his en-
ploy for eight years. He tested that
on March 19, when he went back at noon
from the cars, where he had been un-
loading ice, to the office, he saw O'Sulli-
van waiting there, and that he was there
at 2:30, when witness went away. Henry
Mcbride, the employer of Thomson,
next took the stand and corroborated
the testimony of his man. Dyer Thomp-
son. son of the Thompson who had
Just testified, followed in the same line.
The object of all this testimony was to
contradict the evidence given by Carlson
to the effect that at d certain time. on
March 10, he heard tell O'Suliivan that
he had rented the cottage. The testi-
mony of the witnesses was to the effect
that O'Sullivan was several miles from
Lakeview at the time mentioned.
NJ. J. Crow, policeman for the past
sixteen years, was the next witness. He
had not been member of the United
Brotherhood for twelve years. He said
that soon after the Cronin murder he
was in the neigh5orhood of the cottage
with Officer Rowan, and that he had
conversation with Milkman Mertes in
regard to the event. Witness told
Mertes that he understood that he knew
something about the affair, and the milk
man told him what he knew about the
horse and buggy driving up, and "a TALL
slim man, who wore a dark overcoat
and slouch hat" going quickly up the
steps of the cottage. Mertes told wit
ness he did not see the mans face, and
that he didn't see much of the man in
the buggy, as the top was up, but that
he was a smaller man. Mertes told wit
ness he could not tell what day this oc-
CURED.
A rather suspicious circumstance was
brought out in the detectives evidence.
He swore that Mertes in the same con-
versation spoke of hearing sounds of
| fight Immediately after he saw the tall
man enter the cottage; he, the detective,
was asked on the ecross-examination why
in making his report to his superior Off
GERS, he had failed to say anything about
| MerteS having heard sounds of fight.
| The witness struggled to explain his sin
gular conduct, but failed utterly, and
was excused, leaving behind him very
bad impression,
Then Attorney Forrest. after a few
moments consultation with his brother
counsel, arose and in a low voice said:
1.-The defense rests.
Rebuttal Testimony.
The state was ready with its rebuttal,
and at once called DR.. Curran, for the
purpose of swearing that James Lyman,
on the night of the Cronin funeral told
witness that the death of the physician
had been ordered by the executive board,
and was therefore all right. Lyman,
when on the stand last week, swore that
he had said nothing Of the kind.
No sooner had the states attorney
asked DIR. Curran the question than all
the attorneys for the defense jumped to
their feet and objected, arguing that to
admit the testimony would be to open a
new line of testimony which had already
been debarred.
Lyman's Testimony Stricken Out.
Judge Mcconnell ruled that Dr. Cur
ran need not testify, and on motion of
Mr.. Foster all that part of Lymans testi-
mony relating to the conversation be-
tween himself and DIR. Curran was
stricken from the record. Capt. Setback
was then recalled and testified that
Officer Crow never made report to him
of any kind in the Cronin investigation.
Alfred Kittner testified that Peter
Gach, one of the witnesses for the de-
fense. was not the man he saw last May
on Lincoln avenue with Dan Coughlin.
Adjourned.