The state herald., 1890-01-03

what he thought and then j said,
"That is the man," ! said the same
thing to Bannon and my wife; did
not walk into Benefits Office and say
| know the man. Bennett told me
who IL was and I said that is the
man. lie said / know one of them
was Lew Withcrbee. For a good
many reasons kept still while Ben.
nett expressed himself, did not say
to Mr.. Mcpherson between this cor
ner and Clark's that IL ] was sure
Lew Witherbec was one of the men
would kill him. said to Mr.. Nc
Phcrson l know one OF them and II !
knew the Others they would never
hold up another man. Do not re-
member seeing Nelson in Benefits
Office. Seen Nelson in in Bennett S
room, but had no conversation with
him. Left out Nelson in prelimin-
ry examination in tlr;t CTS, a,,inst
Lew Witherbcc because the question
was not asked me; was loath to be.
lieve him guilty then and am still.
Told Branu0n about the whipping
early In the morning and In front of
the post-oflicc: told him Lew Wither-
bee was one of the mon. Did not see
the features Of any Of the men that
night, nor did / notice their clothing.
Something In the hand of the man
who held me, thought it was gun.
My mind was on the gun and the
mask the man wore; did not knt W
him by his form. Did not recognize
his voice the first time l was ordered
to throw up my hands: there was not
much difference in the tone of the
first and second command, ''hold up
your hands," Recognized his voice
on second command. Was not so
much startled the first time as was
the second. After the second time
thought there was going to he trouble:
thought Of Tillagc, the political con-
test and the bodily harm about to be
done me: the contest Of Mr.. Temple
against Mr.. Wither!,ea flashed through
my mind. When l recognized With
crbce's voice l thought of the CON
test. | heard the voice of Temple.
rs thought. plainly and thought SO
until he called at my door, then |
was satisfied was mistaken in the
voice of Temple. When heard the
voice of Witherbec there was nothing
over my head; was as calm rs a man
could be under the circumstances:
was pondering in my mind while on
the ground who these men We're: l
could hear the breathing of the men
beside me; they had hold of my hands:
could hear the breathing: could tell IL
was the breathing ola grown person.
Going home great many things re-
Nolvcd through my mind: was think
ing who the parties were other than
the one knew and also how TO get
even, or get revenge, II you please.
The volume or tone Of command |
when first ordered to holl up was In |
an ordinary tone. l can give no
other reason how / recognized Lew
Withcrbcc except by his voice.
will not swear positively that the |
man who held me up was Lew With
erbce; There might have been an
other such voice in the world us that
OF Lew Withcrbce. may be mis-
taken; could not see his face; there |
might be 4 chance that am mistak-
en-. am not going to swear to any
thing lam not sure of.
REDIRECT EXAMINATION.
l was attorney for Temple in con-
test. Brannon was deputy district
attorney; l consulted him us such; he
was knew friend uf mine. knew
nothing Of this ease until the papers |
were flied.
Hugh Mickey was then placed on
the stand and testified as follows:
Live In liolyoke; am bartender for
Sullivan; know I'd Sparks: remember
hearing Of the whipping on the Sun
day following the whipping. Saw
Sparks In my place OF business be-
tween II and IL o'clock: he wanted
to borrow my coat. l told him to
take my coat and bring IL back next |
day. lie did not say what he wanted
with tho coat: said he was going In |
the country and would have II back
next day. l loaned him the coat and
here II is. Mr.. Bennett has q coat
like IL and think man sitting
there has one like IL. Sparks took
the coat. ]. would no. swear 10 othcl
time.
cross EXAMINATION.
Have had moro or less talk with
Brannon and the district attorney.
The coat was taken to Benefits Of.
fee. Bennett borrowed II and had It
n couple OF days; was not In the sa.
loon when Sparks returned the coat.
l hnd told Bennett before he borrow
cd the coat that I loaned IL 10 Sparks
o. dc night Of the whipping. ask