St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1895-02-28
I. could not say.

@. You say you showed him a larger
rail than that? A. 1 showed him a
heavier rail and then a smaller rail,
and he asked me if 1 would not cut 1t
in two lengths for him. He told me
then he needed it, and I told him L
would instruct my man to gut it for
him. He measured it and I instructed
my man in the yard to cut it, but L
could not say whether this is the rail
or not I'D.
@. What size did he say he wanted
it? A. I don't recollect I think ne
said four feet eight inches or four feet
ten inches; something like that. M
@. Is that the size of the rail? Al !
could not tell you. 1t don't look to me
like it. My partner could tell you bet
ter about it than I could; he felt tho
rail-he came the next day and paid
for it and my partner put it in MS
buggy-my partner could identify 1T
better than l can. r.
@. Well, you never sold Mr.. Hay
ward only those two pieces of rail-;
that was cut in two pieces, four eight
or four ten? A. No, sir. -
On cross-eXamination Mr. Nye be-
gan a systematic attempt to trap the
witness into admission that some I'M
usual influence had been brought 10
bear upon him to make him testify,
but the witness Vouchsafed no such
information.
"How much money did he pay you
for that rail?' asked Nye.
"A. Well, I asked my partner, and he
says 80 cents.
n
partner? A. Yes, sir. I only showed
him the rails and had it cut; but when
it was weighed he paid for it and he
paid it to my partner, and he also
helped him to put it in the buggy.
That is what my partner told me. Mr..
Hayward used to come there and coli
lect rent for Mr.. Stewart.
Q. This building you was in was Mr..
Stewards building? A. The ground
belonged to him.
Q. Oh, yes, the ground rent? A.
Yes, sir.
@. You are getting something out Of
this case, amt you? A. No, sir, ex-
cepting my subpoena fees, if I get
them.
@. You expect to get those? A. I
don't know.
@. You are entirely disinterested? A.
Yes, am.
@. You would not take any money,
anyway, would you?
MIR. Erwin-Well. I object to that.
The Court-Let him state.
The Witness-Not unless I was en-
titled to it.
@. Havn't you talked with w. W.
Hayward any? A. / did
@. Recently? A That was the
night I read the papers, Mr.. Hayward
came to the house and rang the bell.
@. Didn't you tell me five minutes
ago you didn't talk with anybody
about this matter except your partner?
A. I didn't.
@. What talk did you have with Mr..
Hayward? A. He came to the house
and he says, 81 see your name is men
toned in the paper" 1 says, yes"
And he says, do you remember any
thing about those rails?" 1 says, IT
do"
Q. He didn't tell you he would like
to have you help him out. or anything
like that? A. No, sir, and 1 would not
do it either.
@. Have you talked with Mr.. Sweet
ser? A Who is Mr.. Sweetser?
@. A lawyer in the case. A. Yes,
@. When did he subpoena you? A.
About 10 o'clock yesterday morning.
and I said I did. e
@. No further conversation? A.
Nothing at all. u
@. Did Mr.. Hayward tell you any
thing about what block the irons were
Il IL -;
was bought for? A. He said he want
ed it for furnace, that is all he
asked me.
@. Did you know what other fur
mace or what other blocks he had? A.,
Didn't know nothing about it.
Redirect examination by Mr.. Erwin
@. Have you got any interest in
this case whatever, except to tell the
truth? A. That is all r.
@. Would you know the other piece
of rail if you saw it in the furnace?
"A. Which piece, the next piece to
this?
@. Yes, sir, the other piece. A.
would not know it any better than
that.
@. Well would you mind going up
at noon to the Ozark flats and look
into the furnace, and come back this
afternoon and tell us whether that is
the other piece of rail? A. 1 could
tell whether the two are right or not
@. You could not recognize the rail
if you saw it? A. No, sir if it is
in the fire it would be hard to tell it.
Isaac Schulman, Mr.. Skolrs partner,
was then put on the stand. He testi-
fled that the rails were purchased
of him by w. w. Hayward last May.
and he was informed at the time that
they were for use in furnace.