The herald., 1896-07-11
An Opinion in an Intricate Wa
ter Suit
MUST PAY UP THE BALANCE
Horace Taylor Obtains Money by Un'
lawful Means
Additional Deputies Allowed in the Several
County Offices
The Expense of Constructing a Dsm Being
Gone Into at Length - An Arraign-
ment Deferred - Suits Filed.
General Court Notes

The Czarske murder case has just got
to that entangling stage that AFFORDS
| delight to the puzzlers out of sociological
| problems and mysteries of various de-
grees of shadiness.
The witnesses for the prosecution have
become involved in contradictions; the
| witnesses for the defense are in the
same plight and If counsel on either
side maintain their rigidity of mind it
probably is because they are doing the
questioning and not the answering, and
| also that they are to the manner born.
While the prosecution has, however,
| story that is connected and reasonable
in detail, the defense so far-and of
| course 1t is impossible to tell what sur
prising testimony may be sprung-asks
the jury to believe that Bennett and
Czarske had struggle in which the
latter had the best of it. He, then. know
ing his handicap of a practically use
less left arm, drew his knife and stabbed
his assailant in self defense while strug
Cling upon the floor. No plain state
ment such as this has been made, but
the various points ELECTED by the defense
readily suggest such inference. Today.
| however. the story of the defense will
be more fully told.
Mrs. L. Czarske, wife of the murdered
man, who resides on Wall street. was
the first witness to be examined yester-
| day. Her story of what transpired in
| the Third street saloon on the night of
March 9th is interesting. In giving her
| testimony she spoke of the deceased as
papa" she explaining that the term
| came more familiarly to her lips.
| Il got there" she stated. about s
o'clock and went to bring papa home. He
and L were at the cigar stand waiting
for my brother to come. Bennett and
| two other men purchased some cigar
| cites and the defendant asked papa if
he wasn't going to set them up. Papa
said certainly and went inside. They
got talking about papa's wheel and Ben
nett got talking real dirty, and then be-
gan on my brothSr. After some words
Jim told him he didn't want to quarrel,
but Bennett persisted and told Jim if
he'd come from behind the bar he'd
mop the floor with him. and he took his
coat Off Jim told him he shouldn't talk
so dirty before me, and papa tried to
keep him quiet, but it was no use for he
kept right on and then papa showed
him and he fell down. Papa then stood
at the bar with Mr.. Burke and Bennett
got up from the floor and stabbed him.
1 called out to papa, telling him he was
| stabbed, when he told me l was crazy
and not to get excited. He lifted his
vest and found the bowel protruding
| from a wound. He then put his hat on
and went to the receiving hospital. Ben
nett after stabbing him, closed the
knife and walked out with Castleman."
The witness had stated that she had
taken one glass of beer while standing
at the end of the bar, and at this point
was asked if she saw any struggle when
hey hI,c ha RPnnptt
Papa pushed him over" witness
replied but there wasn't any strug-
gle. Papa never put hands on him after
he fell down"
The witness stated that she was not
excited at the time of the trouble, but
after her husbands death she was very
much excited.
Detective ]. ]. Hawley described the
arrest of Bennett, when he disclaimed
having only recollections of stabbing
Czarske, and stated he would not have
done it had he not been drunk. The ar
resting officer noticed that Bennett had
a discolored eye and just over the brow
a scratch.
Counsel for the defense was most per-
tinacious in examining each witness re-
garding the left arm and hand of Ben
nett Whether they did not know that
by being caught in a machine he had
had the tendons of the arm torn and the
hand manned. A minimum of success
attended these inquiries for only one or
| two witnesses knew of Benefits maim-
| ed limb and fewer still had seen the
scars.
, Eugene J. Mcdowell, brother-in law
, of deceased, gave his testimony in
. very straightforward and graphic man
, ner In the main he corroborated the
evidence of his sister and brother, but
there were some portions of their tes-
. tirnony that conflicted, and the story as
told by all three differed materially from
that told by the principal witness put
forward by the defenSe-W. y. Burke.
When the prosecution rested its case
the defense put forward a number OF
witnesses to prove the good character
of Bennett and the bad character of
} Czarske-that is, so far as his reputation
for peace and quiet was concerned. some
of these were often double, back-action
characters, however for they failed to
testify that Czarske was other than a
quiet and law-abiding citizen.
After the character witnesses had been
disposed of w. A. Burke gaNe his tes-
timony, and it was across his body that
Bennett reached to stab the deceased.
according to the prosecution, his version
of the fracas was eagerly awaited. The
witness came down from the stand and
described where Czarske, Bennett and
himself were standing, and then said,
regarding the actual difficulty:
Bennett reached over the bar and
|
up and We're good friends again. If any
bad language was used it swas used by
all there. Bennett and Czarske and my
self may have used vulgar language.
: Mrs. Czarske, think, took one drink
a glass of beer. Bennett was remon-
! strated with for his language and then
he apologiZed
II saw Bennett on the floor and Gar
ske standing over him. Bennett had
blood running from his eye. Both men
appeared to be just separating as l re-
turned into the saloon. Bennett didn't
= come to the bar after getting up, nor did
3 he stab CZarske across in front of me
t | don't know what he did as he was be-
r hind me, but he didn't stop half min
| ute after getting up before he went out
There We're then eight or ten people in
the saloon. The first l knew of the
stabbing was when I heard Mrs. Gar
ske say something about her husband
being cut. The deceased lifted his vest
ana discovered the wound. Bennett