The state herald., 1890-01-10

morning OF inc elgntn. WenU 10
he switch shanty on the morning Of
he eighth about quarter OF one.
seen Payne when 153 came In.
About I or o o'clock he asked me to
,hangc engines for him us he was go
ng out hunting. The train 1 was to
'hangc came In, when on time; ut
LAO. l came down and changed the
engines at Payne's request. Reached
the yard near quarter to one o'clock.
| went down to the shanty where
there was good fire. layed down
Dn the bench and fell asleep. Woke
up about two O'Clock and Payne was
there; he was dressed; he said he had
been In game Of high Ave and stay.
ed later than he had intended tO.
He went in tho other room and l
changed the. .engilek ] scen Nelson
that morning about ten minutes after
| seen Payne. He was dressed and l
think had n hat on his head. He re-
mained in the Office and then went In
the next room and undrcsscd. Nelson
was In the room about ten minutes
when the pipe on the engine exploded.
Will not say that I did not see Ncl-
son around the depot that night.
CROSS EXAMINATION.
Changing the engines Is my work,
Mr.. Payse did the work us an accom-
Payne said he was goind
was not In the back room
that night; do not know who was In
there; cannot say what happened be-
tween the time l reached the depot
and 9 o'clock, as l was asleep. All
the conversation / had with Payne
that night was about the game OF
Might've. George Riddle was there
shortly after that time, l know
about the guilt or Innocence
Of these men.
Herbert l.. Donovan was next put
on the stand and testified as follows:
Am engineer on b. &M. Was ON
train 1853 and engine Ii9. Arrived
here at 8 minutes past nine o'clock.
Seen Nelson in WItherbcc's butcher
shop that night about 9;l5 p. M. In
passing the meat market seen Mel
son and went In there to talk with
him,
CROSS EXAMINATION.
know 1t was a suspicious thing
In me being In Withcrbec's that night.
did not cut eye holes In cloth or see
Nelson do 1t. lie said nothing about
Kelsey or Bennett. Nelson said he
layed ufi because he had a had cold.
I could not say that he had been
lie did have bad cold.
VIII X. Eaton testified ms follows:
Am fireman on B. s. NJ Have been
fireman since March 8, 1883; have
fired for Swan G. Nelson since Nov.
8, 1883. Remember firing for Clark
on the night of Dec. I. Nelson did
not go out that night. Had no talk
with Nelson about his not going out;
first heard Of the whipping Of these
men at Lisbon from the fireman on
li6.
d. A. Gaddy testified as follows:
Am a fireman on II. & N. freight;
ramc In Dec. I, little after 0p. m.
CROSS EXAMINATION.
Am one Of the men who formed tn
circle In Withcrbec's meat market
that night, but have not been arrest
I'd yet.
Harry wcntz was sworn and tcstifi-
ID rs follows.
Am the janitor at the depot. l
hearing, ON the morning OF
the sth Of December; Of the whipping
Df the men; was Ut the Sawyer house
,n the morning OF Dec. 8 and heard
he cry Of murder; ran To the corner
II Varncy's store and seen u team go.
ny out toward the elevator: the team
was going ut pretty good gait; II
vas running. Heard nothing but
he rattle Of the wagon.
CROSS EXAMINATION.
Heard the cry of murder once and
,rles like person In pain; was talk.
ny with u lady going away on the
rain when heard the cry OF murder
lid not say anything about the cry Of
murder because l thought they were
,aging a drunkard and taking him
ZONE; seen one man on the street
HEDii,gcT EXAMINATION.
VIM; Bylandcr, or, "Antelope BIZ
vas the man ! seen running.
A. u. Clark was recalled and tcstl.
led ns follows:
Returned 10 llolyokc from the run
made on Sunday night; Seen Nelson
'ext day and he asked me how ii6
was and saId he wished he had gon
out on the run for they had gotten
lin into the white cap business.
George Riddle testified M follows;
Am fireman on the u. & NJ. On
Dec. ! l went out on 15l passenger
,olng east; do not know whether II
vas Saturday or Sunday when ! went
ut. Slept NJ Inter Ocean hotel IN
light went out. After ! wns called
sat In my room for some time.