St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1894-06-22

Provo an Alibi-DefenOe Close
Their Evidence.
Excitement was not lacking In Judge
Kerr's court room yesterday morning.
The Herda murder trial was again on
deck for the third day. Two witnesses
of the utmost Importance. who did not
testify at the former trial, were intro
duced. They were Vaclay Fieha and
Joseph Klima.
I The FIRST witness of the morning was
little, Tommy Hogan, a red -headed.
freckle-faced lad of ten years. who
burst into tears when questioned by
the court as to his knowledge of an
oath. He was let off for the time being.
and Officer ALLEN substituted.
Officer Allen told of The finding of a
tobacco pouch containing four cart
ridges. by the Hogan boy. on the morn
ing OF, Rice's arrest, and of their SUISSE
quent delivery to himself. The pouch
was found about fifty feet from Mr..
Brett's home, where the revolver. sup
posedf: thrown away by Rice, was
/ picked up. The cartridges were exactly
similar to the ones in the revolver.
Tommy was then successfully put
through the questioning ordeal and took
the stand. He eorroborated Aliens
testimony. and added the statement
that on Wednesday evening last he went
with Capt. Lowell. of the Rondo street
station. to tiie place where he found the
pouch. .sa.z a.s,s
2 Sergeant Ross told of the receiving of
the pistol from Officer Brennan. and
cartridges from Officer Allen.
County Attorney Butler then offered
the cartridges as testimony. Lawyer
McGhee oIectins. claiming that they
4 had no bearing upon the case. Butter
! showed the theory of the prosecution.
: and McGhee answered by saying that
..testimony is fouuded on fact, not
theory" IF these cartridges are adj
Matted they might bring in bag of kit
tens Just as WE'LL" The court thought
that the main point had not been NEIL
toned, the lapse of time flo a Rice's
attempt to, escape until the finding at
about the next morning, but because
Ut Rice's suspicious actions while run
ming the objection was Overruled. with
the remark that from Judge Kerr's-
knowledge of Rice street it might have
cartridges all over it,"
. With the name of Vaciay. Picha a
hush fell over the room. for he was ono
Of the witnesses not introduced in the
former trial, and Mi. Butler had men
toned him in his opening speech. Mr..
Piclla is SalOonkeeper doing business
one block from Valek's saloon. the
scene of the crime. Picha.- i'll broken
English. told in substance the following
story: he was sitting i'll his saloonin
company with one Joseph Klima at
about 8 p. IN. Two men entered, one
very tall and the, other shorter, with
small mustacle. These men did not
buy anything, but the taller one picked
up a, paper anu commenced to read: the
0tiier one walked about looking around
the roOu.
RICE, EXCITED.
County Attorney Butler. asked il
either of these men was in tile room
With dramatic emphasis and oHt-
stretched arm Picha pointed AT Rice,
e1clalming:: THERE'S one. y lzr..s,.9
No sooner were the words spoken
than Rice sprang to- mis- feet and cried
with all the force of hatred, ION, he's a
perjurer, that fellow" The two depu-
ties sitting by him seized him iIn,ne-
diately aud forced him back into the
chair. Lawyer McGhce Immediately
turned and spoke severely to him about
the outbreak.
Plcha Welt on with his story. Officer
Davis came into his saloon in about ten
or fifteen minutes aud told him of the
crime. also asked him if any one had
been there. Picha replied by telling
of the two men, but as Davis had TO
telephone Tor the patrol he did not de-
scribe them. Detective pothen took
him to the R0ndo street station shortly
after Rice and White were arrested.
He did not then stale positively that
Rice was the man he saw Oh the night
OF the crime, but said: ..If he's got
mastache (Rice was smootil-shayen)
he's the man, When questioned as to
the reason he nuticed Rice OH his com.
ing into the saloon he replied: mice
coat! Nice fiji! Pun tailor! know !'
And that was all they couid get out of
him.
Joseph KIima, the marin the saloon
with Picha,. next touk the stand. He
made substantially the same statement
as Picha, and. like him, described the
two men. He also had gone to the Rom
do street statlon,and although lie wouid
not swear it. yet he thought ttIat If Rice
had a mustache he would luck like the
shorter of tlleztwo men,
AFTERNOON SESSION.
AT the afternoon session Picha's son.
deputy sheriff. was called. On the
night Of the crime, about live minutes to
9, he saw three men. one of them White,
standing by wondpiie across from his
fathers saloon. Young Plcha has not
testified before. The prosecution then
rested its case.
Mr.. McGhee asked the jury to give
the case their most patient and careful
consideration, and he reiterated the
| fact that man is innocent until proved
|. guilty.
NJ F. Kennedy, as an expert, told Of
his experiment with the revolver in the
case. He thinks the revolver has been
tempered with and the spring strength
ened since he first used ii before the
grand jury. He would not swear that
the dent in the cartridge found in
Valek's saloon had not been made by
|: the revolver.
| Nellie White, sister to 10 White. now
| at Saltwater for life for the murder of
Harris at Minneapolis, said she mad
never known Rice to have a mnstache
or an Oyercoat.
She has known defendant since two
weeks before arrest; he came to their
house as boarder, and was there when
the murder occurred; saw him in an ND.
stairs room. in which was Dick Reed.
that night from till 10; he was living
OH the back!side of the bed asleep.
She never hinched under Buffers
cfoss-examinatiol. and denied that her
mothers house was rendezvous for
thieves and eX-convlcts. She told Of re-
cciving black silk muller from her
brother 10 when he was trying to escape.
| Also said she gave him the muffier for a
Christmas present, and did not want the
| police to get it. Reed. who was in bed
with Rice, was shot in the leg. it is
claimed, by Rice. In describing Rlee's
position in bed she said he was partly
| under the cover.
f,cort, povoo focfi6a,J %l,c+ IL.