, 1890-06-26

NJ. l.. Peters.
J. \. Lemon.
ABSENT wtTSFssTs.
Colonel Ridpath then asked TINT all the
witnesses for the state, some twenty in
all, be called and sworn.
Clerk Armstrong called oil the names
and only six answered.
Have the witnesses all been sub
penacd? p asked Judge Mount.
"They have, your honor" replied the
prosecutor.
well, then let bench warrants be is
sued for their arrest, made returnable
forthwith ordered the court.
Accord ingly bench warrants were Is.
sued and placed IN the hands of Deputy
Sanders tor the arrest Of the following
named persons;
Gus Martin II. ID. Brackett. officer
Nulk, Charles L.. Means, DR.. CatteTson,
John W. Fenton, II. {. Roll. John Don.
nelly, +. J, Mallnn, Oscar A-mussen, A.
l.. Marsh, j. Il. Miller and NJ. L.
Muscn.
Colonel Ridpa,h then asked that all
the witness on both sides be sworn and
separated. The defense snid that they
approved OF the plan, tut that they had
no witnesses that they knew
of in Attendance on court;
In fact. they had subpcnacd
none. Accordingly, the six witnesses
for the state were the only ones sworn.
They werc then conducted to the grand
jury roUm, that they may not hear the
testimony adduced.
TiE PROSECUTIONS CAsE.
Tho prosecution outlined the states
case to the jury after that body had been
sworn, commencing by reading the in
formation.
~ expect TO prove. gentlemen of the
jury, that the dctendan. killed one
Henry McCusSiu," continued the
colonel. ''rhat on the early morning of
january 10 last while ejecting
one Miles Stebhings, tho defendant
came across McCrossin at the door.
will show tha, while In groat anger Baer
commenced To abuse and assault Me
CFOs,in. liy at least five or six witnesses
| will show that the defendant slapped
McCro'sin repeatedly with the back Of
his LETT hand. his right being in his coat
pocket, McCTOssln tried to avoid trouble,
and said:
"'lou wouldn't do this IL you wasn't
fixed. have no gun, but YOU have
The deceased then turned his pants
pockets inside out To show that lie Wa,
unarncd. lie then commenced to back
away, Bacr following him mp and strik
ing him time and time again. Me
CrUssin turned to go away, when Bner
called him vile numc, accompanied by
tho assertion that he was an opium
hend. TNis maddcued Nc, rossin aud
he turned. The Two men came to
gether, and both strick Mt the same
time. Bucr hackei oft, and drawing
q revolver, held IL in hoth hands AMI,
taking deliberate aim. fired iirst anI
IN "a
Every circu umstuncc will show you that
the shooting was unnecessary, and was
deliberate, malicious and"
"Hold ON; | OBJECT We want no
argument" chimcd in Attorney CRIT
iitts
II submit to the court" retorted
Colonel Ridpatch,
Proceed, Mr., Ridpath; | think you
arc within the rules, was Judge Mounts
rejoinder.
COLONEL Ridpnth then finished out.
lining his case, stamping the killing of
McCrossin Us deliberate and malicious
murder.
Before the taxing of testimony was
commenced the court excused all the
juors of tho special ycniru not on the
Jury from further attendance In court
and the regular panel was excused un.
Ill next Friday morning. The district,
attorney was given n tew moments to
-
Gomsu,, s', w,tm ~ ,,,' WIZ, s.es anu ,heh ,ne
,',y s,,,Sr ,,,,s ""' :" ''''''
'''
Il. J. Hutohins, waiter who was en-
ployvd in tho Palace restaurant on the
night ot the shooting was the first wit
lass called for tb, .t,,,c. In suh.,,nco
,',. ,o.,In,o,,,. ,,,s No s,I,o,.a.
'On the night OF the 10th of January
Mus ~, ,,,a Nv ,m a,,l ,,n,,, ~, 'sS,i ,,' al
,ua'I ,a nis ' ,ac con,ins across w., nv "'s, -,
and Thought he WAS con,inu In to his
supper, as that was about his time to eat.
lie passed the uoor, however, ana ! went
back. did not sec tue shooting" No
new iaets were pfoiBht out IN cross-
examination
MiKE outNLAy.
Am. o,,,,.,, ..,.
"'No V, ', rs o. Aeeper, was
'ho heA' ""''vsa' iie h"cW itt'e or
nothing about the shooting. No
Crossin lett his house about - o clock ON
the night of tile 10th ofJanuary. lie did
not see Nun again unilt Tie day follow
ing, when he saw him at the morsue.
DID not know OF the shooting Until tho
next morning.,