, 1889-09-26

the wagon and Major Waters told them
what TO put on. ] forgot what number
he told inc to take them to, but when
came along and saw the number on the
house | remembered 1t. Major Waters
gave me u ham for hauling the load. He
told me to report to him after came
back, which did. He then told me to
| stand by the door and he would give me
| tho ham. Did not hear Major Waters
tell anybody to charge the ham toJudgc
Bottis.
| The prosecution here rested. BY con-
sent William Cowclls testimony In ref
ercnce to the goods he hauled to Dads
| lunch counter was stricken out.
MOTION TO DISMISS.
Judge Nash moved that the case be
dismissed on the grounds that there had
been no crime committed and that no
evidence had been offered to show that
thc defendant was guilty OF grand lar
Ceny.
Mr.. Graves said he would like to know
whether the defense intended to offer
any testimony. He should object to
this making a motion to dismiss, nrgu-
ing the motion, and then Introducing
testimony afterwards. motion to dis
miss ut this stage of the proceedings
could not be entertained by an examin-
ing magistrate If this motion were al
lowed, the defense would have both the
opening and the closing argument. As
this was not trial the motion could not
| be entertained.
The defense maintained that after the
prosecution had closed its case the de-
fense had right to make any motion
1t desired, and that the court had right
to pass upon II after argument; and al
ter the motion had been disposed of
then the justice had u right to rule as to
whether he desired to hear any further
tpgtitnnpv Gnlpual \NipafDn pf
counsel for the prosecution read
ute ute to show that il after the
whole examination h;id been concluded
sufficient testimony had not been shown
to hold the prisoner he should be dis
charged. The whole examination in
this case had not been concluded. Mr..
Graves wanted to know whether the de-
fensc intended to introduce any further
testimony. Colonel Nash contended
that the prosecution had no right to
know what the defense intended to do
in the future.
The court ruled that the motion to
dismiss was not in order and would not
be until the testimony was all in.
Colonel Turner stated that the counsel
for the defense had not thought for n
moment that they would nos be allowed
To argue this motion, hence they had
made no preparation as TO what action
they would take in that event. They
asked for u few moments time for con-
sultation. which was granted, and they
retired mt 2;5O To consult, and returned
at 1910. Colonel Nash announced that
the defense had concluded to argue the
motion they had made and not to olier
any evidence. They understood from
the ruling of the court that they would
be permitted to open and close the ar
gumcnts ON this motion. Mr.. Graves
Ia, isfpI thaI II m Haf,a hnA IagiHa1
not to offer any testimony they had no
right TO open and close Colonel Turner
said the counsel for defense had based
their deliberations ON the misunder-
standing OF the ruling of the court that
ii they closed their case now they would
be permitted to open and close on the
motion to dismiss. The court stated
thateounscl for defense had misunder-
stood his ruling, which was that if they
closed their case now the arguments
should begin on the closing of the whole
case without any regard TO the motion.
In other words, that II the defense had
no further testimony to offer, arguments
on the. motion to dismiss would, not he
Snne rAsuannss6s. So ~--~ss.- lla-.i ~ w.
Counsel for defense then said II this
was the ruling of the court they would
not offer any testimony, and were ready
to proceed with the arguments.
II was then mutually agreed between
counsel that the arguments should not
bc restricted to two counsel on side as
had been previously agreed upon, but
that four hours should be allowed each
side for argument, to be consumed by
any number of counsel desired.
Mr.. Graves said that he was tired and
would like to postpone argument until
$3.50 this morning. Counsel for defense
wanted to proceed at once. The court
said he had made a similar concession TO
the defense and he thought it would be
no more than right to grant the prosecu-
ton the same privilege.
TIE OTHER CASES.
Mr.. Ridpath asked that the examina-
ton OF Walter Williams, which was set
for yesterday, be continued until
Wednesday of next week and this was
agreed to. Colonel Feighan asked that
the Ducber and Gillespie cases be set for
examination no earlier than the middle
of next week. Mr. Graves said that no
time could be fixed for these cases until
the Waters case had been disposed Of
AT the proper time he would not object
to their being fixed until after the cleo
ton, but would insist that they take
precedence of the Williams ease.
Court then adjourned until 0:30 this
morning, when the arguments will begin.
ARGUMENT.
At 10 o clock Tuesday morning the
arguments in the case of Major Waters
began. The courtroom was crowded, as
it has been every day since the proceed
ings opened. A condensed summary of
the principal points of the arguments of
counsel is given below. The case was
opened for the prosecution by
FRANK GRAVES.
Mr.. Graves said the prosecution would
rest their case on the testimony. Coun-
sci for defense had stated that they had
nothing to conceal-that they wanted a
full investigation. Whether or not a
crime had been committed-S150 or 5000
worth of goods had been taken from the
relief tent without authority. Colonel
Nash had admitted at the outset that
defendant had taken to exceed $50 worth
OF goods which he proposed to account
for. 1t had been shown in the evidence
that seven or eight times that much had
been taken, yet the defense had offered
no explanation as to where these goods
went. Several loads of goods had been
taken to Major Waters house, one load
in the night time. The prosecution
would maintain that If 1t had been
shown that crime had been committed
the defendant should be bound over
whether the crime proven was the one
charged in the complaint or not. The
goods defendant was charged with steal