The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1895-12-05


snoes that wore Just ike those in evidence
re also said that Fred jenkins reputa-
Ton Tor yeracity Was bad Spencer Smith
coloTed barber. and James Shears (white)
testnec as 70 the tracks, and Charles +.
MOTIFS fwhite}. who was one OF the coro-
ners inquest Jury. swore that Fred Jen-
KIDS had a bad reputation Thomas Jones
t"nlteD and Susan Brown, colorsd, also
testified
ManDs I'm the saloon.
John Taylor, coiored. said he was IN the
conpany's saloon during the evening that
Day was killed. and that jenkins was
there running q chuck-a-luck game. The
defense wanted to show that a Portuguese
named George Manns told a man named
Friee on Tuesday following Days death
that he would bet SO Bannsster did not
do the JOB. Price told hf-1 he had better
smut up" as he appeared 10 know too
much Manns replied that he knew his
business. The state objected, and the court
sustained the objection.
James ogieshy, eofored miner. told
OF some experiments made ~ Jack Nc
Donald and himself In the dark TO find
out the distance form could be distin-
guIshed. He gave as a result OF the ex-
periments G. feet inches.
Dave Mason colored, who used to be
night Waterman at the mine. said IL
would take ten or fifteen minutes TO go
from Mrs Days house 10 the fan, and
few minutes more by the second read He
heard jenkins say he drank thirty glasses
OF beer and several glasses OF whisky.
gin and wine before his alleged meeting
with Bannlster
Thomas Jackson, colored. swCre that
Mary Piummsr. one OF the witnesses for
the state. left the saloon between 1880
aid III the night Of the murder. After the
witness had given his opinion OF jenkins
Character, Mr. HASTE started to cross
examine him on his own morality. Judge
Humes. however, remarked In a rather
severe manner, that the cross-examina-
ton was not proper. and ordered the Wit
ness 10 stand aside.
Harry Hawkins. assistant superinfend-
ent OF the Franklin mine, swore that Jen-
kins' reputation was bad. and that Ban
mister had good reputation. Mr.. Win
stock then asked Dir. Hawkins IL Day
drew any money the day previous TO the
murder. Hawkins thought he had, but
did not know how much.
Ibid Aianns draw any money!? II
don't know"
Was Manns working the night Day
was murderedY" mo, sir"
Subsequent question developed the fact
that Hawkins simply went by the time
book. so the answer was stricken Haw-
kins said that Bannlster went good for
the rent of Mrs. Days house.
s. Collins. colored. minister at Franklin,
swore that he got up May-pole affair.
and gave a piece of the pole to the little
Day girl.
Thomas Bromley. white. tailor. said
Jenkins had testified at the preliminary
examination that he drink thirty glasses
OF beer. and two each of whisky, gin and
rum. He also said that he changed so
gold piece for Manns.
Cornelia Gibson. lodging house keeper
at Franklin, wife OF the engineer. Il. NJ.
Gibson, who was killed by a boiler ex-
MI "a WAS talking 20 Ranntg-
ter. and had just given him money TO pur-
chase clothes for her little boy in Seattle
when her husband came up and told them
OF Days death She told gannister he
had better not so out OF town. and he said
he would not.
Bannlster Tells His story.
call David Bannister," said Mr.. Win
stock.
The court room became Ike a grave
yard. and in the midst OF the stiffness Ban
mister arose and walked TO the witness
chair with a firm step, and after being
sworn commenced his testimony In clear
voice lie said he was born at Lafayette,
Ind, and had lived al Franklin four years.
He was 90 years old. and never before had
been accused OF crime. Continuing, ne
sald
II came from work Sunday afternoon.
September y, at o'clock. Dinner was
not ready, so / went to the saloon and
~
20 the house and had dinner. After this
/ went down 20 the saloon until about T.So.
Then / returned TO the house and pulled
of my shoes, as my feet were hurting
me. and laid down on the floor. Little
Liza came Ina and wanted me TO play horse
with her / told her l was tired. She
got a chair and tried 20 put that on top
OF me. A short time after this Mrs Hines
came in"
Were you out of the house in the ev-
ening9' was asked.
yes. l went out TO shut up the chick
ems. and then went out again 10 get
pail OF water. About IL o'clock l went
10 he'd. and WAS not out OF the house I'M
m morning. l had worked sixteen hours.
a double shift. and SLEPT souDdly. IL did
not seem minute until Mrs. Hines ask
ed me to stop snoring
Did you go up on the NH ana 90 any
injury TO Thomas DayF
II object" said Mir. HASTE
The witness stopped. but Judge Humes
ordered him 20 proceed. and he said,
mo. sir did not"
"Did YOU ever see this clnbT" asked
Wlnstock. holding up the fatal Club
s.N(o sir I never saw IL before.
.Did you ever use this Gamer Yes,
sir. IL was mine"
..nld YOU ever carry this club. or piece
Of May pole?' Yes. sir, on few occa-
sions."
ssDti Won meet Mary RUNNER OF ftttA
Jenkins on the night Day was murdered
NO. sir l did not
f,res4-Fxamlnatton or Little Eject.
on denomination Mr., HASTE dwclt
~ Great length on the supposed relations
between Mrs Day and Bannister. but
made little impression on che witness.
v-nen asked why he said the stick found
an the hill was his. ne replied t-af he did
noe saw that u was his stick. but from
ne description given thought n might he
tha Afav-nole which be had LETT In the
y-ard nj Mrs. DAYS house.
ys~oser71tinr Attorney Hastie has Ban
,,ts.sr t1naer fire for over two hours. but
-, ,hs last question was asked and
a,,s,,-srea the witness story remained IN
,,r,t.sr, The attorneys for the defense
,,,l- .hr,>a minutes for consultation. ard
80, Informed the court that their case
was closed.
.rha state started in - impeach Barnis-
,er.s denial or having asked Corstatle
tSr,unds or sunny Lucky % b allowed
"a have a conversation WITH MFs- ~
ee+s- - was arrested. Judge Humes S1ls-
,9tr.8 an objccti ton q the defense, ana
,.,r,arl,es that rebuttal should ee CT ma
- POINTS. and 4 there was anything
=. ,ha rbuversatl ton between Rannister
- Nf~s Day 20 Indicate conspiracy u
shc,,ts Rave been brought out BE chief.
49, Depsltv sheriff McCorry had SAID
e.. Nfrs nay told him RanHisteT VAS not
- ~. ta,e house the night cf the murder
os,,- 40 o'clock sud other testimony was
-, "a show that the tracks were dim
Sner examined by some OF the aeFeI1se