The evening times., 1897-03-29
Continued from First Page.

Continued from First Page
sonnel of The Times in the month of De
cember, lss6?"
We object" exclaimed Mr.. Ralston.
'what does Mr.. Davis mean Ray personnel
the prtuters?''
Il mean the staff 1 think I have the
right TO identify these men," said Mr..
Davis
Judge Bracley expressed the opinion
that it might not he pertinent to pursue the
inquiry.
suppose / identify the members Of the
staff aud call each of them and ask him
il he wrote the article. Each of them ma Y
show he did not. Would not it then he
material as showing that Mr. Conn was the
author?''
Why, upon the same principle you might
cali every naa in the community Y but one, y
said Judge Bradley, land ask each if he
committed certain crime and thus show
that the excepted maa is the only one who
could have committed the offense"
Inquiry was made as TO the whereabouts
of Mr. Goldsmith, d prosecuting witness,
who, Mr.. Davis said, could not be found.
After a colloquy between counsel and OBJ
Jec,ions to the question upon the part OF
the defeasc, Mr.. Lewis said he did not know
where Mr.. Goldsmith is now, except from
hearsay.
Call Mr. Stilson Hutchins,' said Mr.
Davis After Mr. Hutchins was sworn, he
was asked as to bis knowledge OF Mr..
Conn's relations with The Times. He said
that Mr.. Conn was understood to own a
majority OF the stock of the paper; that
he purchased OF MT. Conn what purported
20 be ma jority of the stock, and that
Dir. Conn represented himself to be re
spensible for the editorial management of
the paper, and also claimed to be an edi-
torial writer.
District Attorney Davis offered in eyi-
dence copy OF The Times, in which, he
said, the libcIous language appeared.
0bjectlOns 10 the filing CT the paper
were Immediately made by Mr. Ralston.
of defendants counsel. He said the Ian
guage in the indictment puTported 90 t,e the
language Of Mr. Conn. when, as a matter
OF fact, upon the face of the article, il is
stated 10 be the language OF a Western
Senator
1t is not necessary MIR. Ralston con
tinued, ''for US 20 show here who that
Western Senator is, although he is well
known.
But there is a fatal variance here
Mr.. Ralston said, land in our opinion the
prosecution must stop right here. / make
this statement after having consulted
every authority which bears upon the case,
j think"
Mr. RaIston proceeded then TO read
precedent cases in support of his declara-
ton that variance would be fatal.
District Attorney Davis, upon address
ing the court, contended that every an
thOrity quoted by Mr.. Ralston was en-
tiresy inapplicable TO the case on trial He
referred to each OF them in turn, and ar
gued against consideration OF them by
the court.
Hr. Davis concluded iIis argument at L
O'Clock, and the court took recess with
out rendering decision.
Upon the reass embling of court at 1:45
O'Clock Mr. Ralston briefly reviewed the au-
thorities cited by him In support of his
claim OF fatal variance, when Judge
Bradley suggested that he be given more
time in which to consider the question.
MIR. Davis thereupoD resumed the
examination of witnesses first call
ing Mr. Potter to Identify the articles OF
Incorporation OF The Times Company, and
also 81 tire minutes kept By hirn as the
secretary OF the business meetings OF The
Times directory.