The Jersey City news. (Jersey City [N.J.]) 1889-1906, 1893-05-10

examined prior to Mrs. Givens. Including
Salt or of Bayonne. John Sharkey, Ed
war d Boyle, John Gallagher, John
Swe pney,N. O'DonnelI and Hugh Dugan.
Each gave only testimony to corroborate
the Prisoners story with reference to
matters that preceded the fl gnt and the
subsequent tragedy.
THIS MORNINGS PROCEEDINGS.
When the court convened this morning,
Patrick Bonner was recalled to testify as
to the exact location of Givens'
home. The defendant. too, was recailed.
and swore that he did not leave Owen
Boyle's saloon to go TO his home after his
pistol. ae had the pistol IN his pocket
all the time He went over to his house
to see it his children were awake, as his
wife was out that evening.
Counsellor Noonan. for the defense, re-
guessed the State to offer IN evidence the
ante-mortem statement of Ward, taken
nv Recorder Besher and Police Sergeant
Van Horne. rhe Prosecutor refused, on
the ground that The State did not know
OF any ante-mortem statement. Counsel
lor Nooaan objected, but the objection
WAS overruled The Court refused to
grant an exception.
Recorder Besher said, while on the
stand, that he knew Ward by sight. He
saw him in the hospital on the afternoon
of the tragedy and with Police Sergeant
Van Horne drew up statement made by
Ward.
INADMISSABLE EVIDENCE.
The Court ruled that an ante- mortem
statementis not admissible unless the
person making the statement has flu
knowledge that he is going TO die. Ward
hal been told that he might die.
Counsellor NooGan requested the Court
to reau the last three lines of the state
ment. This the Court also refused. stat
ing that neither he nor the jury had any
right to know the contents OF the state
ment unless it was allowed In evidence.
Mr. Noonan then asked for time to COM
municate with those who were near
Wards bedside before he died TO secure
proof that Ward knew he was going TO
die when he made the statement. The
motion was denied, and an exception
granted.
COURSE OF THE SHOT.
DIR. Culver, a surgeon Of forty year ex-
perience, was placed upon the staud, and
testified that the bullet found In Wards
body must have come from u direction @
the left of him.
If the man who was struck
was standing at the southeaste ly
angle OF the barn across the
alleyway from Mike Boyle's SALOON
if the man who Was shos was walking or
running along Railroad avenue from that
corner. would It be possible for man
standing out to his right to inf1ict that
wound at that time ?" asked Counsellor
Noonan.
1T would not"
A number of such lengthy questions
were propounded by Counsellor NOonan
with the object OF combating the testi-
mouy of Reldel. who swore that he saw
Owens fire the shots while standing in
front of Mike Boyle's saloon. Most of the
answers were immaterial.
o'DoNNELL2s TESTIMONY.
Patrick O'DonneH Was called by the
defense, and testified that Ward told
MIN that Giveus would either draw his
CUTS out or ned draw Glvens's.
Ever tell that TO auyDody" asked
Counsellor Noonan.
he Prosecutor objected.
Witness never told it to William
Givens.
The prisoner was placed upon the stand
ana swore that he had never heard of that
remark before the preceding witness toiC
il on The stand.
The defense here rested its case.
The State called Henry Pitou, jan itor
of the hospital, who swore tnat when
Ward was undressed at the hospital no
knife or pistol was found in mis- pockets
The State then rested its case.
The Court ordered u recess.
Tue general impression is that matters
look rather dark for the prisoner.
Counsellor Harry Wilio commenced te
sum up for the defense at fifteen minutes
after one O'clock.
DEFENSES SUMMING UP.
Counsellor Harry Wells commenced to
sum up for the defense. He said the
jury should weigh carefully The
question as to whether or not
sarhe defendant fired at Ward He be-
iieved that he was in fear of great bodily
harm, GiVens was forced into the fight,
even though he struck the first blow.
Counsel alluded TO the opportunities the
prIsouer had to put his OATH
against that of other witnesses. He
wished that the Prosecutor had allow ed
the admission of Wards dying statement
as evidence. Counsel could not divulge
the contents. He reviewed the case
from the testimony and called particular
attention TO the fact that Ward was in
toxicated wnen he entered Owen Boyle's
saloon, and danced IN a warIike
manner when he said he could
lick any man in the house. When
later Ward accused bim of threatening
to shoot, ne asked Ward to go to Mike
Boyle's and prove it, add offered to treal
Ward. That did not look as though he
was going around with mur-
der in his heart. As tc
Reidel's testimony the Counsellor
said be would allude to it later on. He
saw no reason to believe that keidel was
uribed or that he intentionally gave
wrong testimony, but he did be
lieye that be was one of those
phenomenona who occasionall show al
In a court room and know more abou
the case than the court. the lawyers, the
jury and witnesses.
The counsellor is still sum ming up the