Evening journal., 1890-11-19

ments on the Phenix Engine House
where the witness met him. Witness had
never known him before Devine lived In
Hudson, New York.
The two went into the Pennsylvania
House about 0. 80 o'clock on the evening
of October "a. Farra, the bar tender
and the proprietor were there Witness
called for drinks; Devine took soda, wit
ness, beer. Witness asked the proprietor
il be could accommodate Devine for tht
night He could not.
Farra came up to witness and taking
him aside said "How ara you fixed tC
pay that little bill you owe meY" Witness
said he had not enough 70 pay 1t all, but
could pay little. Farra then called this
witness liar and d dirty cur. and
knocked him down Witness got up and
the proprietor and bartender caught
hold Of him. He broke away ard weni
into the hall. he returned 70 the bar
room just in time, to hear Farra say Il
Devine, "What have you rot to do will
1t. Devine said nothing" and the wit
ness did not know why Fsrra asked the
question
Then Farra knocked Devine down
Witness went out after policeman
Devlne fell headlong
Mr.. Bird began 10 crosse xamine the
witness by asking him what condition le
was in on the night of the occurrence
He said that he had had five, six or seven
beers, but was not drunk. He detailed the
route he and levine took in the afternoon
on which they stopped in FIVE saloons
Devine drank less than witness drank
Witness did not say to the proprietor OF
the Pennsylvania House, when be asked
for lodging: I'VE are not buns, I've
got plenty of money" He also swore
that he did not cry murder when the two
men had hold of him. He had owed
Farra 81 for horse hire since summer.
Casper Conrad's Testimony.
Casper Conrad, bar keeper at the
Pennsylvania House, testified that Farrf
came into the baA, room ten minutes be
fore the other two men. The two mer
ordered drinks, but did not drink them
Sparks asked for lodgings and said
You mustn't think we are buns; we'v,
got plenty OF money" After thiI
Farra called Sparks twice and aske.
about the debt. but Sparks said he woult
pay when he got ready. Farra-"Y Yoi
| d. rascal, don't believe you win eve
pay me, and knocked him down. WheI
| Sparks got up he tried TO get behind thu
bar, but they would not let him He rar
ont in the hall crying murder" an'
police"
Witness followed him and did not SCI
the fatal blow struck. He heard Farri
say: What have you got to do with it.
and saw Devine lying on the floor. Spark
! did not see the blow because he could no
see it. Devine was very drunk an
Sparks had pretty near enough too
when they entered the bar room TIL
cross examination consisted chiefly Il
enlArging on the witnesses contradiction
of Sparks's testimony.
The trouble between Farra aud Devin
took place while Sparks and the witnes
were in the hall When he returned b
thought that pevipe had laid down be
cause he was drunk, aud witness had n
idea that he had been struck and wa
dead. Farra came ia the bar room I
ask favor The witness made sever.
seeming contradictions in his teetimon
and when Mr.. Biggs asked him II b
knew whether Devine did die, said He
dead already"
Conrad then stepped down and eoul
adjourned until . 80 o'clock this aftel
noon. Chief Justice Comegys admonisl
ed the jurymen to allow no one 70 talk
them or to talk to anyone about Il
case. Joseph A. Boughman, proprietor
the Pennsylvania House, will be Il
FIRST witness examined.