The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1892-12-04

with him. The day before the shooting pewe
| arologized for abusing him n few days before
| Witness told him that he didn't think 1t was
| exactly right TO abuse him before a crowd ana
| then apologize to him alone. 81 was always
suspicious of him, because he was tricky,
/ said he. He then related about making prepa-
| rations to 60 away the day before the shooling
ard why he put the revolver IN his pocKet, ana
| narrated the details OF the shooting as MI.
| Ronald had done to the jury before. He Illus
| trated his description by coming over TO the
| bar table ard going through all the motions OF
| what occurred just prior to and at the time OF
| the shooting. He said he pulled the pistol
from the breast pocket OF his coat. and hred as
| quick he could. II wasn't taking any
| chances, because thought it was DAVE or
| Murphy. He had told ne before that man
| who would make luff with gun was ID
| fool As was going out the door met Gordon
| coming in."
| The witness was cross examined by Mr.. Nc
| Bride at considerable length, and great DIM
| entity was had to get him to stick to tho ques-
| tons. He was unnecessary voluble, talked
| great deal around question without trying TO
| dodge ii, but not seeming to understand tnem
| He became excited three or four times ana hao
| heated colleagues with Mr.. Mcbride. He had to
| be cautioned by his counsel two or three times.
| Notwithstanding his extreme volubility, how
| ever, his direct testimony not shaken in any
| material part, although his explanations of
| many things were not very clear. He never
| hesitated for an answer. bu: responded quickly
| to every question and gesticulated very much.
| He thought Dave had murdered Charley
Davis, but never said SO to anybody until this
| trial came up because Dave was his friend and
| he did MT think he had any evidence against
| him. The reason he paid 70. drinks at Dawes
| place when he had money 10 his credit there
was because Dave was poor and be al
ways wanted him to pay for them.
He only had trouble with Dave about
| mixing cocktails once, when DAVE told him to
| take it straight, you won't get anything"
| Speaking of the last row, tie said: at was the
| nickel l gave Bob Nichols that started the
| row." After the shooting witness said he picked
| up the overturned whisky bottle and set it up
| straight, but couldn't say why he did it. He
said the reason why he dldn : tell the iailer, or
| the reporters or Detective Cudihee that he had
| shot in selfdefensa was because he had sense
| enough to keep his mouth shut until he could
| sec his lawyer. The reason he gave for giving
/ his pistol to Cole that he didn't want to
| have the pistol found on him. He didn't realize
at first that he had shot Dswe, and that he
| needed an attorney. Hs was so excited he
| couldn't say whether he had put the pistol in
| coat or pants pocket. He admitted that the
door was standing open and said the reason he
| didn't run was because he WAS afraid of being
| shot. II didn't know he had pistol, but
| wasn't taking any chances when he made the
break he did. took all thought could from
| him"
Andy MCGEE then testified to removing Muir
| phys trunk the day before the shooting.
4. NJ Scott, a sandy bearded man of so, test-
| fed in a strong clear VOICE. that he was the son
| OF Roswell Scott, and and knew that Dawes
| reputation was bad. He narrated that year
| and half ago he hak seen Dave fell q steam
| boatman. Again, one time he was playing
| seven-up with Dave in the Gem saloon for 81 a
| game, and had beaten him six games. On the
next game he had seven points and DAVE three
| He turned a jack and Dave raised up and
smashed him over the eye. cutting the flesh
| open with a ring on his finger, and leaving
| scar, which he showed to tho jury.
The witness was going on 10 relate other indi-
vidual acts of Dave, when, on the prosecuting
| attorneys objection, the court ruled it inadms-
| sible, but as no objection had been made to the
| testimony in the first place he would not order
| that already taken stricken.
/ On cross examination Scott said he was bar
| tender and billiard table repairer. He had
| drank with Dave since he bad been smashed
| over the eye, and he WASH afraid OF him. The
| reason why he did not have Dave arrested was
| that he preferred to bide his time aud give it
| back to him. "And if he had lived would
| have given it back to him, too"
| After the witness had left the stand he took
seat within the bar rail. and as the court was
| waiting for the next witness to appear Prosecut-
ing Attorney Miller, who was walking around,
| got into an alteration with tho witness Scott.
| The court called Mr.. Miller By name aud told
| him that such conduct was not becoming in
| court. Miller replied that the witness had
| shaken his finger thrcatenngly at him, and he
did not propose to be intimida.ed in open court.
| The judge said the proper thing fer him to do in
! such q case was to notify the court
This ended the testimony fer the defense, and
| the prosecution commenced taking testimony
| in rebuttai.
! John Baker. a short, chunky, smooth-shaven
4 nf an6 n aH
| that Dawes character and general reputation
| had been good for the past two years
| Mr.. Piles proceeded to ask the witness IL he
| knew of q number OF crimes committed by
| Dave, which he narrated in detail, when the
| court ruled that such questions were improper.
| J. W. Smith, the proprietor OF the STANDARD
! theater, was placed on the stand by the prose-
/ cutting attorney 10 testify to Dawes good char
| acter and reputation during the past two years.
| but much to the chegriu Of the prosecution,
| witness said he did not know what his character
and reputation were, and he was excused.
| John Bemis, Il large, heavy, full-bearded man,
| who said he was in the harness bushes, did the
| same thing and the lawyers around the room
| who have been watching the case, exchanged
| looks OF surprise
| w l. Bowers, a heavy-see man with short
| gray hair and mustache, testified that he had
been police officer aud knew that Dave had
| borne a good reputation fo- gear before he was
| killed.
| Samuel Sutton testified that he was a watch
| man at the Yesler avenue car barn. he knew
| Phil Dave aud considered that his reputation
! as a pesceablc man was good. rigid cross
| examination failed to shake his statements.
| J. NJ. kessler, gripman on She iesler avenue
| cable for the pas: four years, testified that he
| knew Phil Dave and that the deceased bore a
! good re putatiou. He had boarded with Dave at
| the house of Mr. Martin.
The crosse xamination OF Mr. kessler by Mr..
Ronald brought out a good sized sensation.
| "Who is this Mr.. Martin that you and Dave
| boarded with? asked the attorney.
| ''Why, that's Mr.. Martin on the jury.
Here III the box?f
| "Ies, sir."
Mr. Ronald. evidently recognizing in this re-
| lation between the juryman and the deceased.
the ground OF motion for lew trial III case of
! defeat, Immediately dropped the subject
| The witness was then cross examined sharply
! as 10 his acquaintance with Dave and with
Dawes fsthec~in-law, suffer. also an eInploye of
tho Yesler avenue cable line. He had heard
| nothing OF a number Of Dawes cruel and brutal
| acts that Mr.. Ronald ass ed ab9ut.
As the witness was told to stand aside Fl. 6.
| Martin, the iurSndn 10 WHOM, kessler had re-
| terred rose in the box and said:
| III the court please, should like TO ask the
! witness a question
/ $50 ahead" said the court
/ Still standing up. Martin asked:
who was II that run the boarding house;
Mrs. Martin. or me 90