The record-union., 1894-01-31

buttons could have been there all that
time without his having seen them.
Mr.. Johnson then offered in evidence
the Superior Court records embracing
The habeas corpus proceedings IN the
case when Judge Van Fleet dismissed
the charge against Gilman of criminal as
sault.
This was objected to by the defense,
and some argument ensued.
Judge Holl said, in response to ques-
tlon by the court, that it was desired to
show that the Superior Court declared
That there was not enough in the case to
warrant even probable cause on which
TO hold the defendant. Newspaper pub
fishers have no right to publish charges
against persons that are made by
irresponsible parties and which, on in
vestlgation, would be without proper
foundation on which to base an action.
After further argument between coun-
sci the court ruled that the record of the
habeas corpus proceedings could not be
offered in evidence in the present case,
to which the prosecution entered their
objection.
j. G. Boyd, civil engineer, testified
that he visited the Gilman residence
yesterday. He had run line from the
door OF the front bedroom (Cordie's ROOM
to where the portieres hang in the hall
way and showing the line of vision. 1t
would first strike the corner of the ward
robe, and looking through the pOrtieres
would strike the wall few feet from
the portieres.
To Mr.. Bruner the witness said the
aperture made by the looping up of the
portleres extended six feet from the floor.
Judge Holl was sworn and testified to
having visited the Gilman residence yes
terday and made observations regarding
the position Of the portieres. At about
three feet from the floor the portieres on
one side covered about twenty-three
inches of space.
The prosecution here rested, and the
defense recalled Mrs. Bush. She said the
last time she was in the Gilman house
was about two years ago. She did not
then notice any wardrobe in the sewing
room. There were portieres in the hall,
and they were sometimes looped up and
sometimes down.
G. NJ. Phinney, civil engineer. testi-
fed for the defense that he yesterday
visited the Gilman residence and made
some measurements. They differed
somewhat from those made by Mr.. Boyd,
but were not taken from the same initial
point. Standing two feet outside the
door OF Cordie's room, and with an
aperture of one foot between the portieres,
the line of vision would run through
the rear hall and short distance into the
front one.
Again Patrick Barry was recalled, and
denied having ever told Mrs. Gilman
that Mrs. Truitt had frequently visited
him in the barn.
The defense here rested, and Judge
Holl, for the prosecution, again requested
Judge Catlin to visit the Gilman resi-
dence and satisfy himself as to the situa-
ton OF the rooms, the Railways. etc., be-
cause the witnesses had not been very
clear in their descriptions of the house.
The Court consented to do so, and at
$3.50 this morning, lawyers Holl and
Bruner will accompany Judge:Catlin to
the house for the purpose.
The following is the concluding por-
ton of Judge Van Fleets ruling in the
habeas corpus case above referred to.
"If the case should go to the jury on
the evidence of the people, even without
any showing being made on the part of
the defendant, and a verdict of guilty be
found, it would be the duty of the Court
to set aside the verdict and discharge the
prisoner. The statement of the prose-
cutting witness is entirely too fanciful and
improbable to be seized upon by any I'M
prejudiced mind as being the truth. The
evidence is wholly insufficient. Let the
writ be allowed, and the petitioner dis
charged"