The state herald., 1890-01-10

I've Ac tOiu tuo 10 Keep my mouth
shut, that the district attorney had two
detectives In town. Have seen Payne
several times but did not know until
after | was arrested that he was yard
master. He took OF his mask out here and
1t was q dark rag. A little small fellow had
a cap down on his neck. do not know that
l seen Swan Nelson out there or In here.
did not say on direct examination that
Nelson went after Lee Witherbee's pistol.
l cannot tell the difference between Nor
weglan and Swede, or Dane and
Swede. The language these two men tai
ked ~ they went after Witherbee's pistol
WINS neither q srman or English. think 1t
was Swede. DO not know whether Nelson
is a Dane or not. know MIR. Donovan.
Was In his Office the day was arrested.
Did tell MIR. Donovan that on the night In
question went down the street and found
my horse by Shriners and went home and
that went home and got home by ~ o'clock
u was story which told him. knew
0p6n that he was going tO defend. Temple
came out to my place after me about 8
O'Clock In the morning. Did not know
l
Witherbee brothers that was 80 drunk
did not know what was doing. Told the
same thing to lots Of people. Gave the
whipping away after was told that Chea-
die and the yard master had given the thing
away. Made up my mind after the whip
ping that this WIS not the right kind Of a
crew for this country. Did not know how
bad this thing was although | seen It.
Would not come on the stand and swear to
lie for no man. Told Mr.. Donovan that
would have my wife come In and swear TO
a lie for me but did not intend to have her
here. All that time was just playing
drunk and telling lies. Know that some
one had given It away before did, for how
did they hit all them fellows. Harry
Moore got me 10 make my straight affidavit.
The States attorney said he would protect
me and then told my story. My school
district Is three miles East and West and
three miles North and South. Have been
In Walsli's back and forth since / have
under arrest. Was there believe the day
after Christmas. II Wilson was the guard
over me he went In there with me. Stood
and talked with Wilson "all over" Did
not tell Wilson was drunk the night Of
the whipping and that Garagues had scared
me into this story. Don't think anyone was
In the card room, Conld not swear that
anyone was In the card room In Walsi's
while was In the bar room.
RE-DIREcr
| did not see the States attorney after l
was arrested. Was turned loose without
bond. Had a conversation with Wilson
and then with Harry MOore. Harry Moore
got me IN go to the Dist. attorney. Harry
Moore told me the names Of the parties who
was In this scrapc and went TO the dis
trict attorney and asked leave TO make
confession. do not remember talking to
Wilson by the card room In Walshe's sal
oon ON the day after Christmas. left
Lewis saloon on the night of the whipping
after drinking with Cl,cadle by the front
door.
L.. =. VIcrson sworn and testified as
follows.
Lave In IlolyoIe. Am an engineer.
Payne IL ysrd.mastcr. Swan Nelson is an
engineer. On lec. 1th Nelson would have
gone out ut six o'clock on regular trip. l
seen him In the afternoon IN Lewis saloon
about nve o'clock. Lou wItlierbee came In
and called him outside. We were playing
pool. Passenger train arrives al i.+6 CEN
tral time. The train was Is minutes late.
left tho round house with the engine nj
3ociock, reached the depot about a,05 tank
hose bursted At about a,25 o'clock. About
one minute after the hose bursted ! seen
Nelson nj the engine. lie was In his night
clothes. did not see Payne, l heard him
talking but did not see him. Seen Nelson
on the platform In the afternoon about six
o'clock. lie did not go out on his trip.
Will Eaton Is Nelson's fireman.
CROSS EXAMINATION
do not play pool often. There was
nothing suspicious In Witlirrbee coming In
Lewis and calling Nelson aside. Know
nothing Of the guilt or innocence Of the
defendants.
Ben Marvin sworn and testified as
follows:
Live In Holyokc: am train dis
pasehcr; am acquainted with Nelson
aud Payne; Nelson is an engineer on
Is. & NJ. / remember the occasion OF
two men being whipped on Dec. 1th
or sth. On Dec. It'll Nelson should
have gone out on tralR i5i ut o, p. m;
Nelson asked leave 10 send man out
In his place; II was after 8, p. NJ; he
made the request that he be allowed
To send Mr.. Clark out In his place.
Cross:-Know nothing about the
guilt
Robert Balance being sworn tcs-
titled as follows:
Am foreman Of the locomotive do
department Of the Is. & NJ. at Hol-
yoke; the message Marvin alludcs too
was sent 10 me; the telephone rang
and Marvin said can you let Nelson
ofY this afternoon and put n man In
his place; II was near $3.50 and he
should have gone mt q, p. m; engineers
wishing To lay on should give time
enough, at least ~ hours but there Is
no rule to bc governed by.
Cross:--S0mctlmcs engineers do not
got down 10 their engines In time to 20
out; 1 told Nelson he could W and
Clark could 20 out, Clark was within
six feet of me NJ the time.
A. d. Clark was then sworn and
testified as follows.
Am engineer on Il. & NJ. On the
evening of Dec. 7th last, 1 took out
Nelson's engine; received notice 10 20
NJ .. 20 and left NJ y. m. W. X.
Eaton Is his fireman. On coming
up on 53 the next night heard of the