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

struck me with gun; don't remember
that | said l was not certain it was
gun. I saw Dugan on the night of the
arrest: l talked with him that night.
Shown the revolver, said he could not
identity that revolver as the one had by
defendant that night.
Robert A. Observation-Disclosures the
body OF Herda Nov. l. Five wounds
on the body; one about size of lead
pencil, OH line with arm pit, touched
the lungs. but could not find it; another
passed through the body and was found
near the navel. The other wounds were
made by the surgeons. He died from
hemorrhage, resulting from gun shot
wounds. Couldn't state the caliber of
the bullets.
Caleb Bodley-Saw Officer Sweeney.
Heard one shot. Was in Brett's house.
Game out of the house, found a revolver
right at the steps at Brett's house, lying
OH the ground near the sidewalk. Iden-
tilted the revolver. Turned il over to
Brett. Did not load it or unload it.
oss-Questioned-Saw this defendant
at the drug store that night; saw no
revolver Ill his possession.
q. P. Brett was at home that night,
Nov. 8. Heard one shot about half-past
9. Identified pistol. Received it that
night frcm Bodley. Turned il over to
the police.
Capt. Lowell-Captalno OF Rondo street
station; Identified revolver; been in
custody of the police since. Had made
p, I
it with cartridges the size of Exhibit G,
ana same kind. Experimental on
seven or eight. Produced the shells Oh
which experiments were made. Never
snapped 1t on loaded shells. Explained
popularity. Loaded pistol. Snapped
shell. MY experiment showed it would
explode about two in five. Shell re-
moved and marked as an exhibit. and
offered in evidence. Five empty shells
produced; snapped III county attorneys
office this morning. Two of five snapped.
Shells shown to the jury. One of the
shells struck twice.
rested.
DEFENSE BEGINS.
The defense moved the court to III.
struct the jury to bring in q verdict of
not guilty for the reason that the evil
dence is not sufficient to convict.
The court ordered the trial to pro-
coed.
Capt. Lowell was placed on the stand
to show the distance from the White
house to the scene of the murder about
three miles.
Mr. Darrah opened for the defense.
Spoke OF the defendant as young man
among strangers, and without money or
friends. Referred to the enormity of
tie crime; but asked the Jury to lay
aside prejudice and sympathy for the
family of the murdered man, and re-
member that it was their duty 10 do
exact justice.
Ella White called for the defense:
Aged fifteen, daughter of Mrs. White,
who keeps boarders; known defendant
since two weeks before arrest; he came
to their house as a boarder and was
there when murder occurred. Saw him
i'll Room No, 5 that night from till 10
p. m. he was lying on the backside of
the bed asleep in that room. Reed was
in the room, and l had a friend with
me, Lille Densrow. We four were in
the room all of the time.
Cross Examined - Name not Ella
White but Ella Ems; gave name OF
White because that is what they called
me IN court; do not have name for tn e
court and another name at home.
They had about twenty-five boarders
at the house; can't give their names.
Vt,I+
there. and this defendant. Don't know
| about Munger; Dugan was not there;
am positive about that. Don't know
where defendant came from. All
know IS he was there at the time of
the murder. Asked as to whether it
| was not fact that the house was a
common rendezvous for lawless people.
| Objection being made, the county at
| torney proposed to show that the house
was a common resort of hlghwaymel.
| and eX-conyIcts, ane that this witness
was there al the time of the arrest and
aiding the prisoners 10 hide property it
was not desirable to have found On their
! persons. and that the boardars were ex-
! convicts. Court required modification
! of the question. Defendant was I'D
stairs; don't know that the room be-
longed TO any one specially. Witness
was there, also Dick Reed, Lillian
| Densrow ana her brother and defend
ant. Don't know as they called Reed
| Lovely Dick; read it IN the paper so;
don't know he has bseu convict; don't
! know tina; her brother has been con-
! 1leted over and over again; yes, he
came from Waupun penisentiary; don't