St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1892-02-27

ern obligation and been helped out by
loan of $4,000 from Mr.. Mackey. lie
gave Mr.. Mackey his personal note for
the amount, due fifteen days after date.
The power of attorney, executed by
Mr.. and Mrs. Goodrich in favor of
byrnes, was then introduced. The in
strument was put in evidence. 1t was
dated April "a. 1856, and was filed in
The office of the register of deeds June
5, 1886. Upon the back the following
Endorsement was written in ink: "The
within power Of attorney revoked May
10. 1889, at 1880 4. m"
Upon cross-eXamination, Mr.. THAN
asked Mr.. Byrnes to explain why he
told Mrs. Knight, in Chicago, that he
was tired of hearing inSnuations against
him. Byrnes replied that lie had heard
insinuations. and thought he was just
fled in speaking to Mrs. Knight as he
did.
Mr.. Than went over the story told by
Tim about his negotiations with II. &.
Evans. Byrues said that he and Evans
were talking about trade of property,
and that he expected to trade some of
the Evergreen lots to Mr.. Evans for
some lots back of Lowry's hill. When
questioned as to the particulars about
the negotiations and the Evans prop
erty, MIR. ByrneS' memory was found to
be rather bad.
In running over the Mackey loan af-
fair Mr.. Than asked the sarcastic Ques-
ton:
"Mackey is the 10 per cent month
man, isn't he?'
mo, he is not" answered Tim. firm
~, anu pointing to the county attorney
he continued:
You have thrown out mean insin-
TN
that Mackey got the money fairly and
gave it to me, and the loan was paid.
Mackey wasn't in the 10 per cent
month business at all. He didn't
charge me cent for the loan"
MIR. Than then introduced as evil
dence the revocation of the power of at
t0rney given to Byrnes by Mr.. and Mrs.
Goodrich. 1t was signed by all parties
on Oct. s. 1887. Mr.. Jamison ques-
toned the validity of the instrument on
the ground that it was not signed in the
presence of any notary public, other
than MIR. Byrnes, vino was one of the
parties directly interested III it.
The crOsS-eXaminatlon of Mr.. Byrnes
was not concluded until 8 O'Clock in the
afternoon. He stood by his original
story, told at the trial of the civil suit,
very closely. and the sharpness of Mr..
Than had very little effect upon his
evidence.
Mrs. Byrnes, the wife of the defend
ant, was the next witness called by Mr..
JamisOn. She was present at the time
Mr.. Goodrich and Mr.. Byrnes had that
interesting interview at the Holmes
hotel, and she fully substantiated her
husbands version of the affair. sin
substance" she said, "Mr. Goodrich
told Mr.. Byrnes that if we stayed away
from the civil case he would see that
Mrs. Knight and mother stayed away
from the criminal trial"
Dan Byrnes was called next. He said
that he went to the court house on Oct
II. 1887. to get the numbers of the pages
upon which the Evergreen mortgages
were recorded. When ne returned to
the Office with the numbers he read
them off while Tim wrote them on the
satisfactlons, which he took to Chi
cago that same night to be
signed by Mrs. Goodrich. Dan
declared that he saw Tim write
each figure on the satsfactions. His
testimony was exactly in line with
Inns on this point. Mr.. Than en-
deavored to confuse Dan on croSs-eXam-
lnation, but failed.
The defense rested at this point and
MI. Ihian began his rebuttal by calling
Mrs. Goo irich to the stand again. She
declared that the revocation of the
power of attorney was signed on Oct. 8,
1887, and handed to Tim, who was eX-
pected to have it recorded immediately
MIR. Goodrich was recalled. and testified
to the same matter in the same way.
Ihe trial will be continued today.