Evening journal., 1894-06-07


up there.
At o. so o'clock court adjourned.
VIII the Capital Case BE Tried?
This morning, the Mills jury was dis
charged until Monday morning. which is
the time set for the trial Of Michael
Faino for the murder Of Carlo Ruva. II
is not believed that the capital case will
be tried this term as there will not be
full bench, Judge Grubb being critically
Ill with gastric fever with no likelihood
that he will be able TO sit at this term.
More Testimony In Reply.
Walter Applegate, witness In reply
In the Chielinsky case, resumed his
place on the stand Mr.. Bird wanted TO
show by him that there was an entire
absence Of malice on ApplegRtes part In
putting the stick under tChielinskys
machine, and that he had often done 1t
before.
Mr. Spruance objected to the question
and Mr. Bird proc eded TO argue the
matter. He said:
"My friend stated that he did it be.
cause he had been discharged He went
further, and proved by one witness that
this boy said further. Watch me make
that Dutchman madr / want to show
that that very block had been under that
machine hundreds of times before We
will offer other witnesses to prove It.
Ought he not to be allowed to say to
this jury that it was from no in motive
or evil animus that he placed that stick
under there?'
The judges consulted for some time
when Mr.. Spruance said:
Il would not like the court to decide
against me without giving me an oppor-
tuuity TO object"
Chief Justice Lore-"Go on, Mr.
Spruance.
Counsel for the defense said.
"My friend has asked the boy why he
did it. The boy says he did it to make
it run faster. / insist that he has no
right to put this question for any other
purpose Here was boy who had been
discharged from the employ Of that com
pany on December 2 Having nothing ID
do with that machine whatever; being 9
mere inter rover and intermeddler
charged with no duty in respect TO IT,
It was no business of his whether
IL ran fast or slow, and her,
we have him driving sticl
into that machine Now to allow that
boy TO say what be had done prior TO tha
time when in the employ Of tha, com
pany would seem to me to open the doc
wide to dangerous inquiry, calculated q
misead the jury If there was no malic
in this boy's mind he has negatived IL
He has told us what be did it fort,
make it run faster"
The court overruled the objection.
Mr.. Bird-"How did you know Il woulC
make the machine run raster"
Witness Because / had done it be
fore
What took you in the nut-room tha
day27
Il took dinner to my brothers.
''Did you, while in that room tha
day put oil of any description on any o
the pulleys in that roomg'
"No, sir; 1 didn't do it. "
"Did you, while in that room thai
day, at any time say, Wait until you sel
me get the DutchmRn mad2'
"No, sir "
In answer to Mr.. spruance's inquiries
the boy said the stick was fifteen inche
long. two wide and one and a-half inche
thick He found it right underneath
the machine aud drove it in with
hatchet
Mr. Sprusnce-"What business hat
you to drive that stick in that machine2
81 had no business, said the boy,
"but did It,"
This frankness created laughter
"Wilson made the stick on the sam
day that / was fired. continued the bo
with charming frankness, and a minut
later be left the stand.
His brother Robert Applegate, said b
saw the block that Walter drove int
the nutting machine he had see
similar blocks under other machines.
was not part of barrel stave. Witnes
did not hear Walter say, "Wait and Sc
me get the Dutchman man. Waite
did not throw the belt of.
James T. Alexander testified that h
and Gaorge Burton worked in the store
room. In his opinion, when Burton sal
that he went to the nutting-room twenty
Eve times day he was telling what wa
I not true
Maxwell Chielinsky swore that Howar
3 Hinton said in Mr. Birds Office that h
had seen Applegate and Brown up in tn
girders.
MIR Bird-"We rest here.
Mr.. Spruanee called Frederick Schille
+ in rebuttal. Mr. Bird objected to hi
. testimony. Mr.. Spruance wanted {
, show that it would be possible for a bo
! to throw of the main line belt when tn
, | engine was not running. He wanted
, show that there was no such physics
, impossibility.
Schiller testified that the be
D could be thrown of when not ia motio
and there was very little difference
throwing it off then and when it was
4 motion
Mr. Spruance-"No, I ask you whethe
or not Walter Applegate could haS
thrown that belt off while the engir
was not in motion in the manner it hl
> been testified that he did do it. ."
Eyes, without trouble, no matter no
!. tight it was
~ Dawson Hoopes corroborated this stat
, ment, IL was more difficult. however,
throw of standing than movin
belt.
y Both sides closed ct 70 O5, and NJ
= Sauborn read his prayers and law upc
a the propositions, and reviewed the ts
~ timony, and was followed by Mr. Curti
&r Spruanee's colleague. Messrs BIZ
and Spruance expect to go to the jui
to morrow.