The Portland daily press., 1896-02-01


Ing and that clothing was dry
Dld nose have that baby in her hands
at any tune after you took it at Mrs.
o. H ara So"
"No sir.
"WAS THE CHILD ALIVE
when Rose saw it last?'
eyes sir.
Mr.. Anthoine closed his examination
at this point.
CROSS EXAMINATION OF ELLEN
DOLLEY.
Gross examined by Attorney General
Powers
"Was there anyone else in the carriage
beside you and Rose and the babyf"
"No SIR
"Did anyone else come to the car
riage?"
"No sir.''
"Did anyone else have the baby except
yourself?''
"No sir.
AFTER leaving the Catholic Home did
you stop anywhere!'
'sNo sir
Was the carriage stopped anwyhere"
"No Sir'
"You mean that you drove directly
home without airy stop?'
''We stopped once on the road.
"Where was that?"
SIT was u good ways along"
''Do you know piece of woods beyond
Pride's Corner?"
''' Yes sir. -
"Was it in those woods that the car
riage stopped"
Twas sir -
when it stopped did anyone get out2"
eyes, SIR
'tWho got out?''
81 did"
''Did Rose and the baby remain in the
carriage?"
"Rose remained in the carriage"
"What was done with the baby?"
'One word,' said Mr. Anthoine. He
Thought at this point that the witness
| should be instructed that she is not re-
quired to answer any q uestions that tend
to incrilninate herself.
The Judge so instructed her.
"Who took the baby?' said Mr.. Pow
ers.
"I had the baby
eyes, SIR"
''Was the baby back in the carriage
again after you took it out?''
kkMr. Anthoine again Interru pts but
Judge Bonney ruled that he was not
justified in so doing.
The witness answered the question by
a long silence and sad meditation and
then turned to Reporter Small and asked,
do HAVE TO ANSWER THAT
QUESTION:
Then she turned to the Judge and
asked if she had '.to answer all those
questions. -
Judge Bonney said that he was not the
one to ask that question
Mr.. Powers said DO you decline to an
swer the question Mrs. Dolley on the
ground that if you do answer it it will
tend to incriminate yourself?''
The witness did not reply.
The Judge repeated the question.
81 don't know sir"
do you understand the meaning of
the question:"
81 don't know Pm sure
MIR. Powers again asked if she refused
to answer that question "on the ground
that it might tend TO show that you your
self were guilty of a certain crime?"
She kept silence and the Judge asked
her the question if her silence was be-
cause she feared to criminate herself.
les SIT, she finally SAID.
Mr.. Powers submitted that the witness
could not avail herself of the privilege of
silence in this case. She had testified
that she only had the child, that the ac-
cused. Rose Dolley, did not have the
child in her arms, and that the last time
Rose saw it, it was alive
She had testified to certain material
facts, as to the means of disposal of the
child. Now she could not under cross
Y m Of + bav ;x,;1
eye OF silence SO as not to reveal all the
facts. After opening the door in that way
she could not shut it at any time she saw
fit. Mr.. Powers called attention to the
law and precede Mt i'll regard to the mat
ter.
"'I THINK THE WITNESS MUST AN
SWER"
sal d Judge Bonney.
The question was asked again.
'Was the baby returned to the carriage
after 1t was taken out?''
"No, sir.''
The last time Rose saw the baby was
when witness stood beside the carriage
with the baby in her arms.
"You say that Rose was not out of the
carriage that EVENING"
eyes sir. She was not outside the car
riags for the whole evening to my knowl-
edge
: "Were you in sight of the carriage all
the evening? We're you where you could
see Rose all the evening?''
'sNo SIR
How long were you away from Rose?''
81 don't know.'''
"What caused you to leave the car
riaae?''
81 can't tell you''
'Where were you during the time you
were away from the carriage?''
Witness maintained silence as to that
and whether the carriage was in the road
whom she returned to Rose.
sThat 'sswhere you found her when
you returned to the carriage?"
Eyes sir.
Were you in the woods, Mrs. Dolley?''
Eyes SIR
did you take the baby into the
woods?"
"Yes SIR
"wAs IT ALIVE WHEN YOU