, 1889-10-17

supplied. A loan was made from the
relief fund to the citizens committee
| for the purpose of this prosecution.
WITNESS was shown anumbero of checks,
including ono for $1,000 in favor Of j.. ID.
Sherwood of the citizens committee.
Re.direct Mr.. Dueber never came
before the committee and stated that he
was In need of meat and other supplies.
3. II. M'KENzIE's TESTIMONY.
s. III. Mckenzie: ! drive express
wagon No. IA. | hauled some goods to
MIR. Duobers, consisting OF n fifty-pound
sack of coffee, 100.pound sack of sugar,
four or five cases OF canned goods and q
sack Of hams. Mr.. Gillespie went with
me; Wepnt the goods In the basement.
fire.
Cross.examined: The capacity of my
wagon is about n ton. officer Gillespie
went with me to Duebers house. 1
drove up to the tent to see II there was was
told Inc to back up, and we loaded The
! goods. / went inside the tent. A fel-
| low called Missouri helped load tho
wagon. never had any quarrel with
Mr.. Duebcr or Mr.. Gillespie and have no
interest in the prosecution OF this case.
The door was not locked. There were
other goods In the cellar of the same
character as those l hauled there. i
never received any pay for hauling this
load. There was no effort to conceal
anything. Gillespie wanted me to take
the load alone but wouldn't do IL, as l
didn't know where the house was, and
Gillespie climbed ON the wagon and went
along.
Il, swARTs TESTIMONY.
l.. l.. Swarts: | know where Mr..
Ducber lives; 1t il on the northeast cor
nor of Main and Division streets. saw
load OF goods hauled there from the
relief tent The wagon was londed by
couple of men inside the tent The load
consisted of ten or twelve cases OF canned
goods. They were placed In MIR. Due
bcr's cellar. This was about noon, but
] don't remember the date.
| Cross. examined: The wagon backed
up to the rclieftcnt on Washington street.
After 1t was loaded it started up my
way, and Us was ON my way to dinner
! followed it, 1t went straight out to
Main street. | took n position in the
office of the Spokane Post on Division
street and looked through the screen
and saw the driver unload the goods into
the cellar Tho wagon drove up the
alley. got one load of goods from the
relief tent for my own use and one to
give away. Mr.. Dueber and myself are
not on good terms and have not been
for sometime. ! have never said would
do Dueber up. accused him of black
balling men In "A certain order in this
town but l never said | would do
him up.
WILLIAM M'RENziE's TESTIMONY.
William Mckenzie: | am an express
driver. went to Ducber's with Giles
pic after a load of goods about O'Clock
in the evening. a young man named
George O'DOnnell went along with me-
MIR. Gillespie got out of the wagon and
went into the cellar. started to fol
low him in, but the door camc shut in
my face. Some one insido the cellar
handed the goods to Gillespie and he
passed them out to be loaded on the
wagon. Mr.. Dueber looks like the man
who passed the goods out of the cellar
When We were coming down Gillespie
made the remark that "tho d--n s. of
b. who took the goods there had
taken them to the wrong place"
Mr.. Gillespie gave me three hams out OF
the load for hauling the goods.
Cross-oxamincd; We took tho goods
to Gillespie $ house. My charge for haul.
ing tho goods to Gillespie's house was 80
cents. Gillespie threw the three hams
satisfied and l said | was. don't think
said In my testimony in the Gillespie
trial that could not see the man in the
cellar and did not know whether it was
Duebcr or not. do not know whether
anyone tried TO keep me out of the cell
shut. | heard low tones In the cellar be-
tween the other man and Gillespie. |
did not get any of the relief goods except
the three hams.
THAT RAISED ORDER.
Dr.Georgc Jameson Mr. Graves handed
the witness card with MIR. Duober's
signature OH It and asked him If lac had
that II was given to him by Mr.. Dueber
and that it was then just as it was now.
Mr.. Griftitts counsel for defense. wanted
to sec tive card, but Mr.. Graves would
not permit him to do SO, saying that he
had not offered II in evidence, but that If
he should offer IL in evidence Inc would
then allow Mr. Grittitts to see 1t. Mr..
Gritlitts insisted that unless he be per-
mitted to see the card the evidence be
stricken out. The court ruled that ii
was not necessary for Mr.. Griiiitts to see
the card until II was offered in evil
Witness: got an order from Mr.. Due.
Der for 800 worth of goods. ! drove to
the rcliet tent and presented the order TO
Mr.. Sulnmcrs, who gave Inc the goods,
told Mr.. Ducber that everybody ap-
was suffering from the fire wanted
some of those goods. lie told me had
better see Swarts. | told him my busi-
ness was not with Swarts, but with him.
He then called me into the hall from tho
committeeman and asked me how
many goods 4 wanted. l told him /
wanted all | could get. lie said he
would get the order for me in the after
noon but he did not do so, and the next
morning asked him about IL again and
he gave mo the 500 order. took the
goods home and two days Afterwards
Billy Kohlhauil canc TO my house and
said Mr.. Hayward had ordered him to
bring some of the goods back to the tent,
as had received more than | was enti-
tied to. | told him / would SEQ Mr..
Hayward about IL. ! mentioned the
matter to MIR. Dueber and lac denied hav-
ing given the order for 800. When I
received the order from Mr.. Dueber put
it in my pocket without noticing the
amount and drove directly to tho relief
tent and presented the order To Mr..
Summers, who called my attention to
the amount, which was the first knowl-
edge | had that the order was for 800.
Mr.. Waters was present when / received
the goods, which consisted of hams bak-
ing powder, sugar, coffee, Hour and
canned goods. About two days after !
got the goods Officer Gillespie came to
my house and took some of them away.
MIR. Griffitts moved that the testimony
of this witness be stricken out. Over
ruled. The raised order was offered in
evidence and Mr.. Gritiitts WAS permitted
to see It,
Cross-examined: never received
but ono order from Mr.. Dueber. No one
| ~ q ka Il. .In