St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1895-01-25
HAS TIE DESIRED EFFECT.
Cross Exami nation Of Hawks
Will Be. Resu ned This
Morning.
STATE SUBMITS IT'S CASE.
The Customa, y Motion to D.
miss Is MA. e and
Denied.

The present trial OF Charles A. Hawks
seems to be exciting even more general
interest than did the former trial, the
court room being packed with specta-
tors all day yesterday. Those present
found much amusement over another
sharp tilt between the opposing counsel
in the afternoon.
1t was about o'clock when the pros
ecntiOn rested. Attorney Nelson, for
the defense, moved. as usual, for dis
miSsal on the ground that the state had
failed to make out case that would
stand on an appeal. This motion was
promptly denied. Then Judge Fiandrau
began the opening address Of the de-
Tense to the jury. In the course of his
address he said:
One OF the duties Of the counsel III
conducting case is to conduct 1t III
dignitied manner. 1t is no part OF the
duty Of the prosecuting attorney to con-
Wet an innocent mau. He stands as the
representative or both sides. Well, the
prosecuting attorney has behaved much
better in this trial than he did in the
former one, and l am inclined to con-
graduate him and all those connected
with the case for this"
Your honor,lf it becomes the dignity
of the court to interrupt the gentleman
in his address, | submit that he should
be restrained i'll his statements said
Prosecuting Attorney Butler in his
usual mild tone, rising slowly to his
feet. a understand it to be the duty
of counsel i'll his opening statement to
cOnfine himself to a summary of what
he proposes to prove for his side of the
case. Now, ii counsel expects to prove
that the prosecuting attorneys conduct
in the former trial was not what it
should have been, then | have no OBJ
lection to his remarks. But if he does
not, | submit that he should cOnfine
himself to what lie does expect to
prove"
II do not see that counsel's conduct
in the former trial has anything to do
with the present hearing" remarked
Judge Kelly.
Judge Flandrau then apol0giZed, and
went OH with his address.
The witnesses examined for the state
yesterday were Betsy Shepard, the
Dookkeeper Of the bank, who testified
regarding the entries in the books, and
identified Hawks handwriting i'll
Fuersts passbook and on the deposit
slip; Andrew Holenitsch. Joe Tscheda,
John Karcher. Mrs. Fuerst ana Matt
MatinkowitZ, the testimony OF all Of
whom was the same as on the former
trial, simply corrob0rative OF Fuerst's
relative to his financial transactions,
and P. G. Hoffman, teller in the Seven
Corners bank at the time, who test fed
relative to the discovery OF the discrep-
ancy between the pasSbook and tile
books Of the bank.
The only witness examined for the
defense was Hawks, and his testimony
did not vary from that given Oh the
former trial. He did not deny having
made the entry Of $l27 in the passbook.
| He did not remember whether he
received that amount Or S27, the amount
shown by the banks books, but he be-
lieVed from the entries he had only re-
| ceived the latter amount. He insisted,
however. that if he did receive Sl27 he
| placed every cent Of the money in the
| drawer.
You are sure you made no mistake
| as between the drawer and your
pocket" Queried MI. Butler sarcastic
| ally.
Hawks replied that he was sure he
| did not.
Mr.. Butler put him through rigid
cross examination, and at few minu eS
10 O'clock asked for an adjournment
! until morning to crOSS,eXamine the wit
ness further for the purpose OF breaking
down his credibility. Court was &C.
| cordingIy adjourned.