The herald., 1897-04-28

unless she saw At. The witness then
stated that she saw both Brown and
Warner on the night that Bellew and
Howerton were at her house, but she
emphatically denied that she had given
any stick to Brown. Indeed, she failed
to remember whether Brown had stick
or not.
That was all on direct examination
and then Mr. McComas took the witness
in hand
miss Maud" counsel, with sarcastic
politeness began, as he picked up the
broken billiard cue and offered it for her
inspection. don't that stick seem IA
miliar to you?"
Il have seen a stick like that before"
very coolly responded the witness.
"And don't you think Miss Maud. that
you gave him that stick?" with an in
sinuating drawl on the ''you."
mo, sir. 1 do not"
"You are acquainted with Mr.. Brown"
"Yes, SIR
'He was a guest at your establish
ment, wasn't he?"
"Yes, sir.'
Hes been living with you for some
time, hasn't -
An objection was in order on the
ground that this was not cross-examin-
alton, and 1t was sustained. The witness
was excused and retired to the seclusion
of the county Jail again.
The billiard cue stick had cut quite a
big figure in the case, and several wit
nesses were put forward to prove for it
an alibi. In other words that on the fate
full night it was not in Browns posses
sion at all but probably was in the pos
session of Warner.
Estelle Hancock first testified to hav-
ing left the Simpson club with Brown
between 1880 and midnight on January
23d, and of having walked down Com
mercial street to Alameda street with
him. He then had no stick.
Will Whitesides stated that he saw
Brown in the club that night between
1880 and o'clock. There had been trou-
BILE and he went and asked the defend
ant for his stick, but the latter replied
that he hadn't got it and didn't know
where it was, it having been lost.
NO RAZORS FLYING
"Mr Whitesides, what were you go
ing to do with that stick?" inquired Mr..
McComas.
II was going to fight with it," was the
prompt reply.
Now, didn't ne tell you IL was ir
Miss Maud Pierce's room?"
mo, SIR
"You know the Buzzards' Roost. don't
you?"
mo, SIR
did you ask any other gentleman for
a stick when you failed in getting the one
from BROWNE"
mo, sir; the trouble had had was
over, and the other fellow left me alone"
James Brown, brother to the defend
ant, upon taking his seat upon the stand,
appeared to take great comfort from d
q wad of chewing gum, while answering
the questions of counsel.
He testified that he stayed with War
ner one night at the Buzzards' Roost.
Frequently he saw Warner with the bill
lard cue stick, and the last time a week
or two before the night of the trouble.
He was at the Simpson club on the night
of January % and heard Whitesides ask
his brother for his stick, but didn't hear
what reply his brother made, as he went
down stairs.
THE DEFENDANT STORY
Emanuel Brown next testified in his
own defense.
He stated that once in a while he
resided at 514 Alameda street. but usu-
ally with his mother on Also street.
He gave his age as 22 years. and was
born at Austin. Texas. He followed the
business of hostler.
He told his story glibly enough. but
his eyes We're shifty. and he looked nei-
ther jury nor counsel straight in the
eye.
IT was at Simpsons Club" said he,
ION the night of January 23d. White
sides asked me for my cane, and told
him didn't have it. for some one had
taken it from the club about six weeks
before. We left the club about quar-
ter to II, and leaving my friend l went
over to Buzzard's Roost and met War
ner. He told me there was couple of
fellows upstairs with all kinds of mon
ey. Ella Lee was standing by. l went
into the room and one of the men gave
25 cents to Maud Pierce to get some
LIQUOR Howerton and I were alone for
a time. After paying for the liquor he
said, How much have / got? and
counted out $40. He was pretty drunk
and had to lean against the wall. 1 put
the money in Howerton's purse and put
it back in his pocket. After having a
drink / came down and went and sat
on the curb to cool off. Warner came
to me and proposed robbing the men,
I said, L don't understand the business
He was leaning on the stick and said
that people didn't know how he made
his business or got his money, but that
that was how he did it. then told him
that he had better not hit anyone with
the stick, as it might kill him. He said
he didn't intend to Kill or hurt anyone
but If he did it wouldn't be the first man
he had killed"
The witness continued to tell his ver-
sion of the story. which was in it's es-
sential features just contrary to War;
ner's account. Warner was made out
to be the one who melted witness to
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