The Mankato free press. [volume] (Mankato, Blue Earth County, Minn.) 1879-1924, 1894-06-08
crown of Winona and Rvron

Brown, OF WinOna, and Byron. |
asked Empey how much money he had
got from the prosecution thus far. He
said that he had gotten more than
1925, and that he could have gotten
great deal more if he had been onto
his job. This was the night that
Empey showed Judge Cook his writ
ten memorandum of the evidence. On
cross examination, Mr.. Hughes stated
that Empey seemed very anxious to
get away, and for that reason he gave
him the money. Witness did not care
whether Empey had stayed in town
or not. We had not intended to cross
the treStle, but as there was plenty of
time we crossed it. We stayed to see
Empey Off, and that he went with the
money we had given him to go with
AT the beginning of this term of court,
we were anxious to have this case tried
at once. We then believed that
Empey was away They were not in
formed at Lincoln that Empey was
coming. We told Empey to go to
Judge Parker's, at Lincoln, and he
would there learn where ChaS Layne
lived, Parker was here last winter to
take a deposition from John E. Layne
in a civil action at Lincoln. We
sent a letter to Judge Parker the
night Empey started.
Mr.. Pfau: ''You did not want
Empey here during the trial did your"
"Mr. Hughes, | was not hunting up
witnesses for the state.
Mr.. Pfau: mo, but you were run
ming them off"
Witness testified that Empey came
to his office on the night of his return
from Lincoln. | told him that a re-
QUESTION paper for him could not be
gotten in that time, and | thought
that he was lying. We had beer in
the Office the first night he
come back That was the only time
we had been there. We have a tin
pail in the closet that we got the beer
in.
Mr.. Pfau: You keep the pail there
for that purpose"
Mr.. Hughes: 1--WE haven't had it
there for any other purpose, | guess. F."
Byron Hughes was called Saturday
afternoon and testified to finding his
brother, William, and Empey together
in the Office in the afternoon Of May
9th. aud to the conversation as stated
by VIM. +. Hughes an the stand.
Mrs. Ella Birley, of ST. Louis Mo-,
was called and SAID that she is sister
of Mrs. John E. Layne. Was in Lin
coin, Neb., in May and Geo. Empey
came to my mothers house there
May 18th. He demanded $50, in the
presence of myself and brother. He
showed up tpye written copy of his
evidence, and we both read it. Think
he said he got it from the county at
torney, and that he had sworn to it
at che preliminary examination. He
said that it was not true, and t.that he
was there to keep from SWeagn jig to it
at the trial. He demanded $50, and
said that unless he got it he would
swear to the same facts at the trial.
He said he didn't care as he was into
it, when my brother demonstrated
with him for swearing to what was
false in such case. My brother gave
him $3.50. He demanded money of
my brother again, but was refused.
He said that he had told his brother
in-law OF the case, that his brother
in-law had told it differently, ard
that this was the way he came to
make the statement he did. My brother
is in the cold storage commission bus
mess. Empey, in company with a
younger brother of mine. Ed. Layne,
came to the house the afternoon of
the day he reached Lincoln, and wait
ed until my brother. Charleskcame.
Empey and my younger brother went
to church together that night. EN-
pey said he had to have some money
that night, and Chas. gave him $3.50.
He stayed at the house nearly week
or nearly two weeks, remaining at the
house during the daytime almost al
ways.
A recess Of five minutes was here
taken at 3 :45 p. n.