, 1889-09-26
Further Testimony Of witnesses
for the Prosecution in the Case
of Major Waters.
The Prosecution Rests Its Case
Tho Defense Moves for Dis
missal and Is Overruled.
And Then Decides Not to Intro
duce Any Testimony--Argu-
ments Begin This Morning.


10 A. NJ. yesterday.
The first witness called was w. J..
Raph, the man whom Ed Downs, the
belt-constituted guard of the supply
tent, had told of having seen a load Of
goods taken to Major Waters residence.
Witness testified that he had heard
Downs testimony concerning the con-
versation between Downs and witness
about the goods taken across the river.
Witness was asked what Downs had
said TO him. Counsel for defense OBJ
bected and the objection was sustained.
TESTIMONY OF n. A. FISHER.
II. A. Fisher was sworn and testified: {:
I am agent for the Singer sewing ma
chine. | know Major Waters. took
goods to Waters house; got them at
the relief tent; took sack of flour,
two hams, cheese, "a piece Of bacon
and case of goods and 100 pounds of
hour; the cheese was whole one;
about three or four cases of canned
goods. There might have been
box of soap. l was at the relief tent.
Y Major Waters asked me If was hungry.
said no, and he asked me to take
the goods home; it was about III in the
forenoon; said would. l know Il. l..
Swartz; don't know whether saw him
that day or not; don't know ifit was the
load he followed. | helped put. in the
goods; some one inside the tent helped
me. Waters did not state to me that he
had taken some people TO his home, anu
he wanted the goods for them. l don't
know the names of the men who helped
me load. This might have been week
after the fire.
MOON TEsrIFIEs AGAIN.
A. Moon was again placed on the
stand. He was asked IL he had hauled
a load of goods to Judge Bettis' house.
Defense objected, and the objection was
overruled. Witness said: | hauled "a
load to the northwest corner of Stevens
and Third streets. Mr.. Mckenzie went
With me; can only name part of the
goods, one cheese and three hams there
was probably between 800 and 400 pounds
ON the wagon. 1 took this to the back
door. The hired girl received them and
latold me where to put them. ! did not
'''''4''-3 ss'ia g sSiS Ssj,ss ~ VI !.
-tnt-g5ous were for the poor; not for
them. She said IL was some of Major
Waters smartness ordering them. Don't
remember who instructed me to take the
goods there; don't think it was Major
Waters. THE memory of witness was
refreshed by the prosecution, who
kAa l.ta Aft.t.. i din
statement in Colonel Winston's
office. Have not made any other state
ment. / believe told Colonel Winston
In that statement that Major Waters
told me, but don't think now he did.
1t was Mr.. Mckenzie's wagon, and we
look turns unloading. He did not hear
the conversation between myself and the
hired girl at Judge Belts house. De-
Tense moved to strike out.this testimony.
The court: We will let this testimony
rest on Mckenzie's testimony. No one
directed me to take the load. but some
charge of the wagon; was employed
by Mckenzie; he paid me for my time.
HARRY HAYWARD RECALLED.
<Harry Hayward was recalled and tcs-
tfied as to the slip of paper on which
Mas list of the goods charged to Major
Waters on the date in question. Wit
ness continued: Major Waters said
Judge Bettis wanted several articles lie
could not purchase here at this time. |
said, "All right" l did not personally
charge anything else to Waters or au-
thorize anyone c4se to do so on that day.
These goods were furnished Oh either
the third or fourth day after the relief
tent was opened. The goods charged
were one sack of ham, one sack of sugar,
one case of tomatoes. one case OF corn,
one side of bacon, one sack OF vegetables.
That's all | personally charged to
Waters on that date. i have no recol-
lection of saying to my assistants that
anything Waters wanted he could have
At properly charged to him.
OTHER TESTIMONY.
John Il. Van Ness. grocer, was called
and testified as to the market value of
groceries.
Cyrus r. Burns, member of the re-
lief committee, was called and testified
that he had never authorized Major
Waters to get any goods.
j. Nj. Adams, editor of the RE-
YEw, was called and testified that Ma
n Waters had offered to deliver him u
road OF hams. The defense objected
Judge +. A. Belts was recalled and
testified in relation to the goods sent to
bis house: | saw some goods which
had been sent to my house but did not
know whether they were rom the re-
lief committee or not. ! never ordered
them nor authorized anybody to
send them. never had any
conversation with Major Waters
concerning those goods and don't
know who sent them.
Counsel for defense announced that IL
was very desirable to have the tcsti-
mony ofC. +. Mckenzie, the expressman,
with whom Moon had gone to Bcttis'
house, and that Mr.. Mckenzie was sick
I'm bed. Colonel Winst on asked that the
court adjourn to Mckenzic's $ house and
take his testimony. Counsel for the
defense objected TO this and consider
able argument followed on both sides.
Finally court adjourned until .
o'clock, at which time the motion to
take Mckcnzie's testimony ut his resi-
, dencc was TO be decided.
IN THE AFTERNOON.
C. +. Mckenzie was brought TO the
| courtroom in carriaga and was placed
ION the stand. He was feeble, but gave
This testimony in a straightforward man-
ncr. He testified: ] was engaged in the
hauling business during tho delivery of
goods rom the relief tent. | hauled one
load of goods to Judge Bettis' residence.
The goods consisted of -four, ham and
canned goods. Major Waters. directed
me to haul the goods to Judge Bettis'
house and was present when they were
loaded. When / began to unload the
goods at the house the lady who was
there asked me where the goods came