Telegram-herald., 1889-10-04

NJ. Fairfeld-D.dn't yOu work wlth
him on tie railroad
Mlthess-No. slr; he worked ia snoth-
er gang / had nay own seH1n.
Nr. FAlrsleic-N0W asa matter oI TACT,
don't yea know that BroAFley ana
another man caught yoa stealing oats
one night when they were out coohlhs
lSensaE0n IA the room aha "llAess
laughed IN 2n embarrassed way
Witness No, slz, ! never stole any
oats ~ My lse.
Questioned further IN regard 10 WHAT
&c kne@ of bresrley, witness @okno"l-
edged that he thought hum az lnonen-
s-Ye, hglf-Witted fellow and one that he
would never be afraid Of,
Johl MulLken was then called ana
sworn.
Examined by Mr. Knappen-Lise IN
Gale iOnla know Gosch and kreafiet
by SIGHT; remember the niClg Daniel
Sinclair was shot saw Oosch Ana
brearley that night between 0 CLOCK
and dark; they drove toward Middle
Nllle they had @ slngle-barreled shot
gun and q long handled shovel or spade
~ the buggy and the dog had heaTu
that Goseh and Bre&rley were 10 be al
rested FOR stealing wheat; witness tried
- state his IDEAS on the subject, bat
was promptly choked Oh by Ar. Far
field.
PhilO Murray swOrn-Llve a Bovine
knew GOsch and Brearley; had known
Gosch eighteen years; knew Peter SIN
clair; talked with GOsch III February OF
March.
lie was about 10 state the subject of
the conversation when counsel for the
defense nterpOsed. A. II was within
few minutes of noon the court ad-
JOurned until o'clock.
Al the opening OF the afternoon ses-
SION Mr. Fairfield said he had been IN
able during the short recess 10 find the
authority which he was confident cX-
lsted IN support of his objection. The
court OveTrulcd the objection and al
exception was taken.
Mr.. Murray re-called-GOsch told me
Peter Sinclair would never take hm;
he would let his insides out before he
would be taken; he said he would
shoot; | said that would do no good, a
they would probably catch hlm hc
said he didn't care for that; he would
down them as fast as they came.
Cross-examlned-I was not present at
the arrest; nave known GOsch for years;
he has always been good nhighbOr for
me; has been Industrious; the cOnyer-
sation TO which / alluded occurred IN
March; GOsch dldn 'tsay anything about
a warrant-that he would not be arrested
without a warrant.
Redirect always thought GOsch
was quick tempered; have heard that
he had had trouble with others.
James Barnes was the next witness
called-I live IN Bovine; have known
Gosch since | was a boy; had a conver-
satiOn with Gosch previous 10 the
shooting; he said Peter Sinclair nor no
other q ID id officer should ever
take him; was not present at the shoot
ing.
Cross-examined-Iw work on my faith
er's place, one-half mile south of
GOsch's; was down to HIPS creek
often; Peter Sinclair said he had a war
rant; don't know whether he had one
or not | had talked with my father
and mother. after the shooting, about
what Gosch had said; afterward talked
with Peter Sinclair about IT; have also
talked with MIR. Knappen about 1t; /
never had any trouble with GOsch;
don't know of his having any trouble
with any one else.
Re-direct-GOscha appeared mad when
he said Sinclair would never arrest
him.
Re-crOss-My conversation with Gosch
was IN front OF his house.
William c. Otto was next called
Live at Middleville; have been in hard
ware business there for twelve years;
I both respondents have traded with me-
| saw respondents on the 18th of Au-
| gust; went TO see GOsch with Attorney
! Hendricks; went to GOsch's house; he
was away and we went 10 AndersOn's
where he was at work; | asked him if
| he would settle my claim; he said he
would and did so; had conversation
with him about his arrest; asked hlm If
| he knew they were going to arrest him
| for stealing; he said, 81 shall never be
arrested" he said no Pete Sinclair
| should ever an!est him, that he would
| kill him If he came there; witness told
! him he was liable 10 arrest even for
saying that; his wife told him he ought
not to talk so; he said he dldn't care,
| he would as soon die now as any time;
| Mr.. Hendrick's s also told him he ought
not to talk so; the conversation occur
red at the door of Gosch's house.
Mr.. Fairfield moved 10 strike :
everything in reference 10 the stealing
| Of wheat.
The court expressed the opinion that
| details in reference TO the stealing was
not admissible except so far a. was pre-
| liminary TO showing the intent IN ref
erence TO the case at issue.
Mr.. Fairfield objected 10 counsel for
| the people stating that he
proposed to prove the respondent
| guilty of another crime; stating that
both predecessors of the present court
| had ruled that such statement was not
admissible. Judge Burch replied that
he would hear Mr.. Knappen. his pre-
! decessors 10 the contrary notwithstand-
| ing.
Mr.. Knappen argued that the rule Of
/ law was that no conversation was 10 be
excluded because u would prove the
respondent guilty Of another crime.
The court held, however, that the
/ conversation was admissible only as he
! had previously stated.
The court ordered all testimony
relative TO the stealing OF the wheat
stricken out.
Witness continued-The warrant was
/ for wheat taken from Augustus Tyler.
saw Gosch and Brcarley that night at
/ Mlddleville about o'clock; they were
/ Ia a buggy; Brearley got out Of the
I buggy and came into our store: Gosch
/ called ne out and asked If ! had seen
I Mr. Tyler.
Mr.. Fairfield object 10 the con.
versatIOn beng repeated.
/ IT, .,...r. -.s-a- ~r,lcd sLo ots...-