The record-union., 1893-07-26

Sne sald she could not remember any
thing else.
In answer to further questions the wit
ness said the night was rather dark and
sne could not see the defendant very
| plalnIy. Right after the shooting the
witness saw Dan Lynch on the sidewalk.
She was quite sure that she knew Lynch
that 1t was not so dark but that she
! could recognize him. The witness called
70 Dan to run for doctor. She saw Mr.,
Hardie there shortly alter the shooting.
III was about five minutes after the trag-
/ edy when her father came out. Flint had
gone away when her father arrived
On redirect examination Hattie said
she thought that the light from inside the
| house reflected on the porch when she
opened the door, The front gate was in a
direct line with the door.
before the witness left the stand Mr..
Johnson moved to strike out all of her
testimony with reference to what her sis
ter said after being shot, He argued that
| under recent decision of the Supreme
! Court the remark was not in the nature
OF a dying statement. The court prom
lsed to give ruling later on.
MRS. WALKER TEsTIFIEs.
Mrs. Catherine Walker, mother of the
deceased, was then placed on the witness
stand. The lady was dressed in deep
mourning.
Mrs. Walker said she remembered that
Flint called at the house some twenty
minutes before the shooting, and asked
Tor htta The witness did not see him
then, as latte went to the door. Then
when the shooting took place the witness
| followed Hattie out of the house. Eta
was then lying on the porch, and calling
to the witness, said Jewell Flint had shot
| her.
On cross-examination the mother said
she only heard two shots. She did not
4 ~
ing, nor did she know who carried Eta
into the house.
Gerald Moody, the next witness, testi-
ned that he called on the Walkers on the
night OF the shooting. About 10:45 o'clock
tnat night Flint called at the house, and
asked for Eta Walker. The witness left
| the house at ii o'clock, and as he passed
out he saw Eta and Flint talking on the
porch. tie had not walked far when he
heard the shooting, and then he ran back
to the house. There he saw Eta lying
on the porch, and Flint lying near the
gate. lie also saw Dan Lynch there, and
also Mrs. Walker and Hattie. Mr.. Hardie
came up. too.
In answer to questions asked by Mr..
Johnson, the witness said he heard three
shots. lie had reached the corner OF
Elghth and L streets before the shooting
took place. AS he left the house the wit
ness passed Lynch at the corner Of the
alley: W hen be passed Eta and Flint
| he said, Good evening" to her. Then
he heard Flint say, Come here, Eta, 1
want to see you" The witness saw MIR.
Hardie in the house, after the shooting,
but he did not see him assist in carving
Eta into the house.
city Attorney Post announced that the
prosecution had no more witnesses and
would rest the case.
Mr.. johnson called w. J. Hardie to the
stand. He said he knew the Walker
family and knew the deceased. He lives
next door to the Walkers. He quit
work shortly before ii o'clock and
walked home on the night of the shoot
ing. AS he arrived home he noticed Dan
| Lynch standing in the alley. Eta
| Walker, and young man. whom the
witness atterward learned was Flint,
We're conversing just inside Ettas yard.
The witness Went into his house and had
started to disrobe when he heard the
shooting. He ran out and found Eta
| lying on the porch and Flint in the yard.
The latter appeared to be dead. The wit
ness assisted Mrs. Walker to carry Eta
| into the house.
Mr.. Hardie said he heard four shots.
Alter he had laid Eta on the lounge he
went out to see Flint. The latter was
| then standing up outside Of the gate. The
! blood was streaming down his face Just
then Mr.. Walker, Etta's father, came out
OF the alley, calling out to be ''shown the
= - - who shot his daughter
He had pitchtork i'll his hand, and when
Flint saw this he went away. The wit
ness said he made no effort to stop Flint
HELD WITHOUT BAIL.
Attorney Johnson said he had no more
evidence to offer, but renewed his mo-
ton to strike out all evidence relative to
Eta Walkers statement made immedi-
diately after the tragedy, relative to who
shot her. He produced a decision by the
Supreme Court showing that his position
was correct-that the statement was not a
part of the res geStoe and was not admis-
sible.
Judge Buckley held the point well
taken and ordered the evidence stricken
! out.
Then the attorneys argued briefly. Mr..
| Post simply claimed that the people had
made out sufficient case to Justify the
| court in holding the defendant to answer
without bail. Mr.. Johnson on the other
hand did not think that Flint could be held
on any graver charge than manslaughter
| No pistol had been placed in evidence
and there was nothing to show in the evil
dence, he said, that Flint did the shoot
| ing, aside from the evidence of Lynch.
and he declared that as Lynch had been
contradicted by the other witnesses, he
should not be believed. There was no
proof Of malice or generalization, either,
=
Judge Buckley said he did not propose
to discuss the evidence, as the attorneys
would only hear something they were al
ready as familiar with, as was the court
1t was plain 10 him, he said, that the
crime of murder had been committed.
and there was sufficient evidence before
him to warrant him in holding Flint to
answer to the charge in the Superior
| Court.
Flint was then ordered into the custody
of the Sheriff to await trial without bail
Funeral of Matthew NIadge.
Matthew Madge of Grand Island,
whose death was announced in Wednes-
days RECORD UNION, was buried yester-
day in the City Cemetery. He was one
of the oldest residents of the island, hav-
! ing taken up a farm on the point opposite
! Walnut Grove in 1852 He was highly
respected by all the residents, who at
! tended his funeral in large numbers. He
! leaves wife, also brother, who resides
/ in Oakland.
Bakers Friend.
| A man giving his name as S. E. Baker,
/ and who said his home was in StOoLxt0D