St. Paul daily globe., 1896-03-19
HIS AFFIDAVIT AND TESTIMONY
ON THE STAND FAIL TO
AGREE.
LAWYERS EXCHANGE HOT SHOT
JURY LISTEN TO CLOSING ARGU-
MENTS IN THE LOCKWOOD
CASE.
HEN PERJURY CASE ON TRIAL.
PilIsbury and His Reciprocity Ideas
Get Endorsement From Two Or
EanizatiOns.

Otis L. Billings, the defendant in
the perjury case, was on the stand for
cross-eXamination. Mr.. Larrabee stat
ing that he was the last witness. with
Frank NJ. Nye conducting the eXamina-
ton. The witness was first asked re-
gardins the charge he had made that
Col. Dodge had hired him to get a
witness drunk. Witness could not re-
member the mans name, but could say
that he was justice of the peace. The
witness was very vague in his replies.
He could not describe the man, nor
tell anything that could lead to his
Identification.
The memCry of the witness was very
defective It garding the drive to Fraz-
er's house and several other points
which were brought up.
Mr. Nye produced the affidavit which
witness had made before Larrabee dat
ed Feb. 4. and showed that the paper
did not contain nearly all the charges
which witness had made on the stand.
The witness could not explain why
his affidavit was so different from his
story on the stand but insisted that
both stories We're true, but one was
abbreviated.
Mr.. Nye then had the witness re-
hearse the arrival at Buffalo and the
meeting with Mr.. Wendell at his office.
Did Mr.. Wendell appear to be anx-
ious that you should succeed with
Otto?'
His manner showed it"
What did he want Otto to do?"
Hold for a verdict for the defend
ant or hang the jury"
wendell said he thought you could
get that man for $50?"
He said to use $50
Then the next time what did he
say?"
He said: Use the 5000 if necessary -
Didn't he tell you to offer him $1OO?"
mo, sir"
Don't you say so in this affidavit?"
mo, SIR
Mr.. Nye calmly read a portion of the
affidavit, in which the sum was sworn
to as 800. The witness stated that
the sum was a mistake. Mr.. Nye point
ed out several other discrepancies be-
tween the affidavit and testimony Of
witness.
At the afternoon session, after con-
siderable sparring, it was arranged
that Billings affidavit should be read,
also the first and second affidaVitS of
Otto, and that the prosecution should
be allowed to croSS-eXamine Otto.
Mr.. Nye read only a portion of the one affi-
davit by permission of the court, and then
continued the examination, following closely
the evidence in chief of the witness. and in
his peculiar way, while apparently accom-
plishing little, was laying the foundation for
rebuttal later on and for impeachment Of
portions of the story told. The state in
tended to let the witness 60 as deep as he
would in the line he had mapped out so he
could not by any means extricate himself
should there be any proof at hand to contra
dict his utterances
The defendant rested. J. A Gardner was
called by the state. He was formerly
clerk in the employ of the Great Northern.
He was shown a voucher made out for the
SI3 paid Billings in June 1898, and said il was
made out for services and disbursements as
attorney. Mr.. Lembe read the voucher and
it showed the words "as per statement"
Then there was a statement" said Mr.
Lambe. The attorney had a little talk with
the witness, trying TO ascertain how the COM
pany kept its vouchers. Mr. Lambe was
trying to find If Billings gave a written
statement before the witness made out the
voucher. The witness said he was given no
statement. He knew the money was due
Billings and asked for no statement
court adjourned until this morning