The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1895-06-19

! Set MIN mo your tnlsf*ia game A@a~ ~
/ hfrng'
! Mr. Lindsay objected 20 this question.
ard vas sustained Nr. Piles said Il13s
| w0uld Dc proved.
The witness testimony on buying
| chips was slightly al yarlaFae with MS
| direct evidence.
Mr.. Piles used a table In explaining the
/ exact position % the table and the 20
/ s8tlons OF the men. and the witness tod
/ their exaCt position. IN explaining the
| play, Iretorl said ne sarw Page take the
/ SO bill from his pocket and place u on
the tabie. Mr.. Piles asked him II he
didn't testify before a. the preliminary
/ examination that be- did not STE Fraser
| take the money out OF his pocket, but
/ knew # was Fraser's money, and he said
be did not remember lie Gid not know
1 where Fraser got the money, but though
/ he got IL out OF hts pocket. lie would
/ not answer directly any of the questions
/ he testified 10 al the preliminary exam
| ination.
The cross-examfnation then proceeded:
WAS it nor agreed between you men 10
raise "a row in some way with Pager"
/ NO 81 was not"
Could you not have caught hold OF
Pages arm when re pulled his gun, from
| the position IN - hich you were sitting s"
II tried TO catch hts arm. but did not
do It"
do you mean 10 tell me, sir. that you
could not positively have caught hold Of
Pages arrn?'' Il tried, but failed"
Isn't il a fact that YOU men had Page
by the neck. trying 70 throttle him when
he drew his gum NO. we did not"
Don't you know that Immediately af-
ter the shooting you men seereted your
gambling paraphernalia and that Marden
walked deliberately over 10 the telephone
al an ordinary gait and telephoned 10 the
police headquarters? ITO the first ques-
ton | viii say no. but as to the second l
don't know"
The witness ezaded answering ques-
lions directly and was numerous times
cautioned ~ the Judge to answer yes or
no.
Jury TO Examine the Scene.
Mr. Piles asked that the jury go down
to the Northern and examine the bar.
the table. the partition. then into the
billiard room office and upstairs, for the
purpose of seeing for themselves the ex-
act position of things as they were on the
night OF the affair.
The court ordered the jury 10 go down
10 the hotel and inspect 1t. but informed
it that anything seen would not be used
as evidence in the case. The jury left
at 5:l5.
The Barkeeper's story.
On its return. L. c. Marden. berkeeper
for Fraser when the murder occurred.
was called. and stated that on the even
ing in question he saw Page come into
the barro0m about z o'clock and play
pool with Solder, after which they came
out TO the bar. and Page shook him dice
for the drinks for the three. Page took
a cocktail with absinthe. After this he
walked over to the table and invited any
one IN the room to play casino, shake dice
or play seven up. AT this IretOn accept
I'd and played Page two 3r three games
Of "
10 play casino, which he did, until the
arrival OF Fraser. Scoones and others,
when he went behind the bar and Told
Johnson to play his hand. which he did.
The rattle came off at 10 o'clock, and the
crowd went 10 the raf'ie at the Horse
shoe.
Witness again played casino with Page.
hut after playing awhile saw Page steal
ing cards and quit. saying, Il won't play
you any more. don't like your game"
In a few minutes the crowd came back
from the Horseshoe, and In a short time
Page asked Fraser 10 shake dice. Fraser
agreed. and after playing awhile, Fraser
was loser, and Page got up and went TO
the closet and Fraser went out TO the
office and looked over the register. but
when he came hack walked back to the
barroom and saw Page and Fraser talk
ing together on the floor. Witness went
hack 10 the office, and after being there A
went back and saw Fraser with his hand
in the sack and began playing again.
Tic did some work about the room. and
finally walked over 20 the table and looked
on az the game lie saw a $40 bill on the
table, and saw Page take ii and hand
over two chips 20 Fraser saying. There
Is your change" Fraser wouldn't take
it, saying he wanted his money. Page
said:
I'VE will shake for the piece"
Fraser said: NO We won't. / want my
change" Page then said:
you d. li,tIe Sheeney,' and pulled
his gun and SD 1t him.
Johnson and lreton grabbed him and
witness checked him. Some one then
telephoned 70 police headquarters and
Cflcer Cu3ihee came and searched him.
and took him 20 headquarters.
The Line of Defense Outlined.
When Mr.. Lewis began his cross-ex-
animation he commanded Marden 10
turu around So that the jury could see
him while he testified.
The attorneys had . hard fight over
question as 10 whether Mar5e1 had
clubbod ard riAe3 mans pocket while
on the police force at Portsmouth. AZ.
Mr. Lewis stated that he desired 10 o6-
tain an answer 10 the question 10 show
that the mans acts in The past were such
s would lead up 70 dis~equtah.e az
fs4r. such as the defense VII erae4vor
u prove III this case against the Wit
neSses Johnson and IVetOn. namely. that
they consplre3 10 rob Page on the event
fan night. ana assaulted him before lie
drew MS pistol.
The primary object in fhe question was
10 vr8Ee ere witness unworthy ~ credit.
Nfr. Lindsay commended that u he Tn
sftloa aiken by the counsel far defense
was iust any witness would have %
come luto court with Gordon 81 wiz
r-sses 10 protect himself against such
questions.
Before the judge Sustained che ohfae-
zion Mr.. LOWS, said thar the ma Ter was
sfrrrtv Il question ~ whether the wi
ness tif a certain thing. NJ ore MS
able - answer that question better than
Nar5cr.
pclviuG Into His History.
Mr.. LEWIS thsn took M Ire .-ass-ev-
animation. and followed Martea aH over
the country from being 2 policeman 81
Maine ~ driving q milk wagon 81 san
Francisco ana driving "a ANS ir Homo
lalu. Witness said he met Fraser II Homo
lulu anA worked With him ir the En-
ulra saloon TJe and Fraser we're warm
personal friends. lie lef- Honolulu f-r
san Francisco ia response 70 n letter
from Fraser. and after making trfa -
omaha an3 Chicago same r. r-r- Towns
er3 ar4 tNen - This rtty
Mr.. Lewis asked. "D3H.t y7u kew
Arat va1e at Lowell yoa 3ruecef Dan
puE~gr Win osfam. shook dice v4th fo7 s.
"a dssr restoe3 Him AMI a77t ai.n almost
81 iestFr
Il anf4-t.~ vere3 NJ Is-se7v ~,- .ra
grounds urged 81 tne previous -.s-sv-a q.
Nzr7a0 Sa.f no MAS hotel ksaae- +.
Lowell aa3 admitted that ne Knew IAN
DuEgtn.