St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1894-03-10

| ware cOmpany'S store; is familiar with
| firearms: examined revolver; it is forty
| four; it is not good make: no cartridge
would fit that revolver exactly; the
cartridges in evidence would come
nearest of any to that size; the four
! differed from the Others because they
werepu in at tlfe same time and would
| necessarily differ from the one struck at
| another time: it was his opinion that the
revolver which made the mark on the
four cartridge in the morning made the
mark OH the cartridge which was picked
up on the floor where Herda was killed !:
there are other revolvers which might
| make the same mark. Cross-EXamined
| -kevoiyer is Inferior; forty-tiye cart
ridges cannot be used in it; forty-four
do not fit it exactly; f0rty.four is the
| nearest size. $780,
G. A. Fisher = Employed at Burk-
hardts; gunsmith; repairing; revolver
needs repairing; judge it is "A; examined
cartridge; it is A; examined cartridges
experimental on in curt this morning !;
| they ars the same thing as the untX-
ploded found OIL Valek's floor; the unex.
| ploded fits too loose; could not say
| whether this revolver was the one which
snapped that cartridge; cylinder has too
| much play; have seen other guns hay
| ing same defect; don't think blow OH
the butt OF the revolver would drive a
| cartridge out.
| Cross-QuestlOned = Revolver is in
| tended for Al; 40 would not go in; there
are different sizes of As; long and short;
| A Is the nearest size that can be used in
| the revolver.
NJ. F. Kennedy-Testified before ex-
! animation; tried the revolver this MORN
| ing; it did not work then as it did when
| the examination was had; it exploded
! five cartridges this morning; only four
| out of five then; that is the only differ
| ence.
Cross-EXamined Il gave it as nv
| opinion at the first examination that
] that was the revolver which made the
indenture on the shell picked up where
| Herda was murdered: examined shells
Ill evidence; revolver is "A; examined
45 cartridge produced by Butler; tried
it i'll revolver. and found it too large:
| testified as TO where the hammer would
strike, and that there would be a varia-
ton in the point where the hammer
would strike, as the cartridges do not fit
exactly; the tendency of the loaded
| shell would be to explode more readily
than the empty; can give no other rea-
son for the difference in action.
Defense rests No rebuttal.
At this point attorney for the defense
| stated the defendant desired to testify
in his own behalf, and the court direct
ed that he should be accorded the priv
| ilege.
Philip Rice-Age TWENTY-FIVE: born
in Omaha; had been in Minnesota only
two weeks before his arrest; came in
order TO get work on the street car lines;
was strike aud did not get job; on
| the night of the murder was at 9O1 Rice
street; was there all day, except that
L went out to the saloons and got
couple of drinks; played a game of
| pool; laid down on the bed with Reed
| just before the lamps were lighted;
went to sleep; did not waken till IL D.
M; L never saw Dugan. Arm lifted
above head; SO help me God, | never
! after arrest; never saw him before !;
don't know where Michigan street is.
Northumberland who his
father is, where he was born and where
he had worked; worked at bridge build
lng all the way down to Texas and the
Red river; was ladder man; duty to
aid pile driver and driving team;
was at Duluth about three weeks driy-
ing team Tor McCarty. Came to Mill
neapolis year ago. Some one was
| robbed, and he, with others, was ar
| rested; no proof, aud he was sent to
| jail thirty days as vagrant. After
that stole two reviewers. and was sent
up for ninety days. Pleaded guilty.
| Went TO Dakota; worked at Buffato,
| Cass county; worked for MuggleS. Had
money when arrested as vagrant.
Gave lawyer So to defend, and never
saw him again. Stole the guns because
there was no one in the store; thought
l knew how to steal, but didn't; was
| first attempt. Met White first time at
| Whites; never met DugaH; know Car.
| rity is not Dugan because they say
Dugan is small man; Clarity is a large
| man. Witness shot Dick Reed Hallow-
cen, or night before; was swapping a
| revolver; 1t was % Or IS; don't know
the caliber; know Reed was not shot
while committing burglary. Was as
sociating with Spec Films eWhite) Clark,
| Dick Reed and others at Whites during
two weeks in st. Paul before his arrest.
Don't know Clark's name is Munger, or
that White and Clark were just ont of
the penitentary. Left Omaha three
years ago; said four. Came to Mime
sofa from Omaha because | was born
there. Drove team in Omaha. Left
Omaha i'll September, 1892. Worked OH
the 500 at Minot that year. Arrived in
| Duluth late that full; lived IN a cabin
with another fellow; had two, rooms
| in West Duluth. Don't know the
streets. Left there day after st. Pat
rick's day. Got four months i'll Mime
apOls. Was out only four days after
| first thirty days. Came out i'll August.
| Went to North Dakota in August.
| Came from North Dakota to st. Paul.
Bought overcoat in Minneapolis; don't
| know where, of whom, or Oh what
| street. Blue coat, fur collar; bought
! it early for winter. l did not throw
away that revolver; did not try to strike
an officer with that revolver or any
other. Don't know why White gave
! mis- sister the black handkerchief when
he was arrested. Called the officer
49, - because he had a re-
volver at my stomach and was afraid it
would go off. Clarity and l both
| walked off. Policeman was daZed like,
| and acted as if he didn't know what to
| do. They looked at me and looked at
the other fellow: followed me; Sweeny
commenced to shoot and l to run. l did
not throw any gun away. They found
the guns stole in Minneapolis on me
and got them back. This is not one of
| those guns. L run because | did not
| run now if [ had chance. One don't
| stand any show if arrested; they are
bound TO convict any way. l had
| plenty of money when they sent me up
| as a vagrant. ] went to sleep that
! night at o'clock and did not wake up
| till IL. | shot Reed and was taking
care of him. Reed has gone to Texas;
his mother took him away. Clarity, l
suppose, is in Minneapolis. Don't
know where Clark is. Don't know
anything about the people l met at
Whites.
Re-eirect-Don't claim to be all angel.
or any better than any one else; did
| steal once.
| ARGUMENTS TO THE URY.
| County Attorney Butler summed up
the case for the state. He spoke of the
| guards thrown around criminals. and
| that it would have been better for Rice
| (alias FiSher) If he had renamed silent.
Spoke of the Whites, the bad assocla-
tions OF the girls by whom it has been
attempted to prove an alibi; of the
cartridge found OH the floor, which fits
the revolver thrown away by defendant,
while the killing was done by another
| revolver using IS bullet; cartridge
| fell out of this when defendant struck
| Valek over the head Rpparded the