The Providence news. (Providence [R.I.]) 1891-1906, 1897-04-20
LINGANE'S SIDE.
Witnesses For Defense Testify in
Assault Case.
Differences in the Testimony at This ana
the Previous Trial.

IA.
was continued today. The state closed its
case last night and before the court ad-
iourned General Wilson had concluded bis
brief opening address IN wnIcn he con-
tended that in shooting at Cook Mr.
Llpgane had simpy acted in self defense.
About all Of the day was taken up by
the examination OF witnesses for the de-
fendant. Some of those witnesses wore
made more or less nervous by having
their testimony at the previous trial re-
ferred 10 by the prosecution. In many
instances the second stories varied moro
or less from the nrst ones.
Many times during the trial sessions
| today and yesterday the jury and court
officials were entertained by the actions
| as well as the testimony Of witnesses some
| of whom showed themselves rot at all
bad actors. 49, ,
The members Of the jury who will be
| practically prisoners until the trial Is
! ended looked remarkably fresh this morn
| ing, Notwithstanding they had been In
confinement all night. This morning they
| had AN outing under the care of Deputy
| Sheriff Ihayer. :,
.John Doherty was the first witness call
| ed by the defence today. lie has been u
| blacksmith and also teamster. Knew
| Osceola Cook by sight for some time, but
! did not know Lingane until fracas occur
red. First saw Cook and his companion
at corner Of Harkness court This was
| about 20 or ID minutes Of L. o'clock noon,
! and he heard Lingane's name mentioned
| and then SAW Cook rush at LinQane ana
| the latter bow his head and order Cook
| off and when the second stroke with tho
whip was made the shot was fired. COOK
had drawn tho whip from hip pocket.
| Thoupht it was the third shot fired by
| I,inpane that hit Cook Witness was but
| six or eight feet from Cook when the iat-
ter drew the whip.
Doherty gave lively rehearsal of the
actions OF Cook ana Lingane at the time
of the shooting and said he followed Wal
| lace with his eye because he thought he
| might be an accomplice of Cooks. Lin
game was always retreating from Cook.
| On cross-examination by the attorney
general. witness admitted that he had in
neither of tho previous trials testified ro-
lating 10 that affair the position OF wal
lace. In his direct today witness said he
saw Wallace lean against the back of u
building and look on at Cooks use OF the
whip. Doherty did not see Lingane draw
the pistol.
The cross examination Of this witness
proved decidedly entertaining, ana
though the attorney general cornered hlln
| at times his extensive vocabulary enabled
him to wriggle out of the corners.
(Which of the men was the shiftier ON
! his feet?" asked the attorney general.
The witness seemed phased by this ques-
tion and General Wilson objected. The
attorney general said, Inc witness,
said General Wilson. The attorney gen.
eral said something pleasant about the
| instruction of counsel and then the couri
said, (Which was the faster on his feets
The witness replied both moved Mt about
| the same rate OF speed.
Doherty denied that at the last trial OF
| this case he did not swear that Lingane
told him after hearing the nature OF MS
testimony "He would make 1t all rlghl
for this +" The stenographer's notes were
| read and they did not sustain the state
ment of the witness.
| Henry W. Blake, a carriage maker, tes
titled that on Friday before the shooting
| he saw Cook and held a conversation witt
him in which Cook said he would stay
on the street until Lingane came out ant
he would thrash him, perhaps XII hini
and he would not do day s time Tor IL.
To Mr. Hopkins, counsel for the prose
cution. Blake said he had known Cool
almost eight years. The stenographcr
notes OF the last trial were again referreS
to- and they showed that 1t was oi
Thursday the conversation with Cooi
was held. The comparison OF the testl
mony of w illness at previous flal wa
again made i'm regard TO this oonyersa
. tion and differed materially. Pressed
10 the exact date that he had conyersa
. tion with Cook he admitted he could NO
, tell whether il was on Thursday o
| Friday. =,
and when General Wilson asked blm
| he had had n conversation with Lingan
the week the shooting took place, an
| If Cook threatened bingane. Ihere wa
: objection to the admission OF TINS test
z | mony, but the objection was nnally VIII
drawn and Captain stevens said LOO
q ! had asked him if he had seen certal
article in The Telegram. The capital
replied in the negative, and then Goo
I. | threatened to thrash bingane, ana o
! account of this conversation orders ma
been given 20 the officers around lurk
e Head TO keep sharp Lookout ior .rounl'
John O'Rourke testified he had neNt
. pointed out Lingano TO Cook, but kne'
Cook was looking after Lingane, thoug
> | he had never heard COOK threaten
. punish Lingane, and when witness call.
y Cooks attention 10 the rumors ol u
:, attack on Lingane, Cook denied IL;
,. Major Harcourt said after the shootlh
= Cook said he had tho whip To punis
LinCane. When this remark was mat
:, Cook was suffering from the shock.
= William ~. Perrin corrnboratcd Mag
Harcourt's statement that Cook had sa
= after the shooting in Blandings drr
= store ne had the whip for llngane' NO1
= also said Lingane winged him.
: Deputy sheriff John +. Rabbit tcstif'
that Cook told him in Blanding arr
store when asked as 10 what was q
matter that Linganc shot him after i
II Cook. had struck az him with VIII
r. Afterward Cook denied To the Office
n that he used the whip before the pist
a was frei by Lingane.
q Andrew L. Sisson, n hack driver, 81
n coming back from the hospital Cook sa
J. he had been laying for Lingane. Witne
Is could not say whether Cook claim
"a Lingane fired before the whip was use
n. lie did not remember that Dr. Edgar
}. smith went with Cook 20 the hospital
Thomas Jefferson Riley said his attic
ton was called to the celebrated fracas
hearing pistol shots This witness add
l, nothing I'm his direct testimony To
a. information already gained by the Jui
Mr. Riley was still ON the witness sta
y when the court pronounced the noon