St. Paul daily globe., 1890-12-21


drawn. Mr.. Mum then insisted on an
answer to the question as to her not
knowing the contents Cf the document
until il was reau to her by the notary.
and the surprise she showed when it
was read To her. i'his brought Nir.
Erwin TO his feet in an instant with
the statement that he excepted To cOun-
sci using such language, "lle has
violated the rule of the court IN stating
to the jury what he wants TO prove. He
should have submitted the question to
the court IN writing and not let the mat
ter so 10 the jury" added MIR. Erwin.
The objection to the question was
sustained
The witness was allowed to state that
Mrs. Horizons name was attached to the
document when it was taken TO Mr.. But.
ton.
Munn-Did she tear her name off?
Erwin object.
The witness persisted in answering
Notwithstanding Mr. Erwin's repeatedly
calling upon him To stop until the court
could rule on the question. "l on are a
lawyer aud know BETTER" said Mr..
Erwin. The objection was overruled,
the witness having previously stated
that the name was not torn OF i'll his
office, but was torn off after Mrs. Horton
left his o flee.
Another Scrap.
After an extended argument the
court permitted the next question to be
answered, and which was as to what
Mrs. Horton did when the document
was read to her. The witness answered
that she cried like Il child. and seemed
by her actions to be much affected. She
remained in the office several minutes
with her face in her hands. in which she
held handkerchief, and wept.
what kind of woman was she as to
education and habits of iife," asked Mr..
Mum.
Mr.. Erwin objected, and the witness
proceeded to say she could not under
stand English we'll
MIR. Erwin reminded the man that he
was lawyer but that the world did not
turn on his knowledge. The witness
responded with a blush that "he knew
it did not"
The court said with considerable met
tie: snow, Mr.. Erwin, remember that
this is court of justice. will take
care of the witness
MIR. Erwin arose to address the court,
but was repulsed by Judge Kelly, who
shook his head and said: "Neyer
mind"
Mr.. Erwin said: Il object" "Objec-
IiOH OfCII ulGu. Suiu lil6 tOuIl.
b. ii. Eglund was called to the stand
next. lie said he married twin sister
of Mrs. Horton and has seven children.
lie was not permitted by the court to
answer questions touching the charge
OF criminal intercourse with Mrs. HOr-
ton. The court adjourned shortly be-
fore IL for the noon recess. AT p. III.
Capt. Burgess, who made the survey of
the scene of the drowning and prepared
the map, was called, and stated that lie
aScertained the current of the river at
that point TO be So minutes TO 500 feet,
or l 69-10 miles per hour. CHE testi-
monY of the rivermen had fixed it at
three and half miles per hour.)
Mr. Erwin asked the witness how far
the river flowed in minute. After sew
eral minutes spent in figuring with pen
ell and paper, he admitted that Mr..
Erwin's statement that it would be $50
feet per minute was correct.
Mrs. Nj ,rtha Eglund, wife of B. FL.
Eglund, testified that she was twin
sister of Mrs. Horton. The said Mrs.
Horton could read printed anu written
English, but did not understand big
words.
Mr.. Erwin upon cross-examination
handed her the letter or her son
honas Ganson, written to Mrs. Hor-
ton. She read it through as requested
while tears flowed freely from her eyes.
us there anything in that letter that
Mrs. Horton could not understand"
asked MIR. Erwin.
No" she replied.
= Louis Hansen was again called to the
stand. He stated thai he read Horizons
letter to him to Mrs. Horton.
''What did size do when you read it to
her?" asked MIR. Mum.
An extended controversy arose be-
tween opposing counsel as to the right
to answer the question: Mr.. Erwin
main aiming that the prosecution sought
to rebut and contradict sworn testimony
given i'll court by persons who had been
crosS-eXamined by statements made by
third parties out of court, not under
oath and who could not be cross-eXam-
lned. The statements sought to be con-
tradlcted were not made by the defend
ant out OF court. Besides the evidence
IN the case shows that there had been
complete reconciliation between Horton
and wife before the drowning. The
court sustained the objection.
Everything In.
When Hansen left the stand Mr..
Mum said, 1.-The state rests"
''Ihe defendant rests" MIR. Erwin re-
sponded.
Judge NEUTRALITY-SUSPICIOUS., have you
any request to make as to the charge to
the jury?'
Mr.. Erwin said he would like to sug-
gest some points, but as he thought the
testimony was to last two days longer,
he was not prepared, at that time. to
present the points, but would so. and
the court could have them the first
thing Monday morning.
Judge KRllV-HayR vOu anythinU fo
suggest as to the length of the argu-
mentS to the jury?
Munn-l desire that the case go to
the jury Tuesday; | may want three or
four hours, but can't say.
Judge Kelly-l am willing not only
to sit during the day, but to hold even
ing sessions on Monday and Tuesday so
as to give an opportunity to get through
with the case. | have no desire to limit
the argument. | would like to give
the case to the jury Tuesday evening
Erwin-It, as Mr.. Mum says, three
or four hours is sufficient for him -
Munn-I can't saw
Erwin-lf court will meet at Mon
day morning. and MIR. Mum concludes
by O'Clock, L will promise to endeavor
10 be ready for the court to charge the
jury Monday evening
Judge Kelly-Then it is understood
that the court will charge the jury Mon
day evening.
Judge Kelly turned to the jury and eau
toned them about conyersing with any
one or themselves about the case and
not to read the papers. and added. Il
will keep you in the charge of the
sheriff after the argument begins. Be
in your places at 9 o'clock Monday
morning. Sheriff, adjourn the court
until Monday morning at O'Clock.
For Yale Glee and Banjo Club
Concert,
Secure seats on Monday morning at
Dyer'S Music Store.
A Christmas Present Free:
To every hoy or girl who will call at