The record-union., 1895-11-19
Yesterdays Proceedings.

The trial was resumed in Department
Two of the Superior Court yesterday
morning, and in twenty minutes after
ward the prosecution announced that it
had put on its last witness.
The attendance of spectators in the
morning was not as large as usual, but
this is accounted for in part by the alb
sence of a number of witnesses who had
been subpenaed by the prosecution and
who most likely were informed that
they would not be called upon to testify.
The sudden termination of the case
for the prosecution was a surprise to the
prisoners counsel, and they admitted
their position when the last witness for
the prosecution left the stand.
4. c. Brier. a stenOgrapher, testified
that he took Kovalev's testimony in
shorthand at the latter's preliminary
examination. The transcript he filed in
the County Clerks Office.
Both of KoValev's attorneys objected
to the transcript being introduced in
evidence. They cOntended that it was
hearsay and not voluntary statement,
and further that there was no proof that
kOvalevS testimony was correctly in
terpreted at the preliminary eXamina
tion.
District Attorney Ryan said that al
though in his opinion the testimony was
admissible, yet there was a question
about it, and, rather than take any
chances, ne would withdraw it.
Mrs. Lizzie Beesley, daughter of the
murdered Mr.. and Mrs Weber, was re-
called for the purpose of designating ex
actly where her fathers store was To-
Gated.
THE DEFENSE SURPRISED.
That's the case for the prosecution"
said District Attorney Ryan.
The attorneys for the defendant were
SO surprised at this sudden turn in af
fairs that they apparently were at a
loss what to do.
E. c. Hart arose and said that the
District Attorney had concluded his side
OF the case sooner than the attorneys for
the defendant had expected, and they
desired a short recess in order to con-
suit with their client concerning what
course next to pursue. He said 1t was
his intention to consult with his assO-
ciate on Sunday, but he was unable to
do so on account of being out of the
city.
At 1910 o'clock a recess was ordered
until II o'clock
When court reconvened Attorney An
dersOn made some remarks, concluding
with the statement that the prisoner
desired to go on the witness stand and
counsel were opposed to the defendant
doing so, but that the latter insisted on
his right to go on the stand, and they
had yielded, be the consequences what
they may.
KOVALEv ON THE STAND.
The Court-Tell the defendant to take
the stand then.
This was communicated to Kovalev
by Interpreter Wharhaftig, and he
marched sprightly to the Witness-stand
and sat down.
District Attorney Ryan asked if there
was any objection to Stevens acting as
Interpreter.
The court called on Mrs. Gordenko to
act as such, and she was sworn
The Court-You tell the defendant,
madam, that at this time he need not
testify unless he wishes to. Also state
to him that his counsel advises him-I
understand addressing the defendants
attorneys that you advise against it?
MRS. GORDENKO'S TRANSLATION.
Mr.. Hart-Yes. We advise him not to
be a witness.
The Court-Also tell him that his
counsel advise against his being a wit
ness. After you tell him this, then you
tell him that it is optional with him
whether he will be a witness or not.
Mrs. GOrdenkO-He says he can speak
to the jury; that he is guilty; that he
took part
The Court did not ask him to state
that.
Mrs. GOrdenko-He says that
The Court-Strike that out. (To Mrs.
GcrdenkO)-You heard what 1 said?
Mrs. Gordenko- Yes; told him that
The COurt-Ask him if he under
stands that, and ask him if he under
stands that he need not testify without
ne wants to?
Mrs. Gordenko-He must say yes or
no?
The Court-Yes; whether he under
stands that he has the right to testify
Il not
Mrs Gordenko-I must talk to you
privately.
The Court-You cannot Ask Mr.
Stevens to come up here.
Mrs Gordenko-You do not permit me
to tell what he tells me?
The Court want simply before I
swear him, before he starts to testify
TO acquaint him with his rights
Mrs. Gordenko-Yes; but he says lie
something. Now you don't want me to
tell that something that he wants to
say; that is the trouble.
The Court want to advise him
fully as to his rights before he testifes
Mrs. Gordenko-I told him that.
The Court-Mr Stevens did you hear
the statement that l made to Mrs. Cor
dfnlyoo