The Portland daily press., 1897-09-30

lied that he had drawn check made out
In favor of Waite in the room at BIC Con-
gress street and had told Detective Brady
! to give this check to Waite after he had
furnished q Suitable bond or security"
The check was bogus one and was
| not signed. Witness said that he told
Waite that the bond or security that was
needed by the smuggling company was
| that Waite should tell something about
some crime he had committed. The COM
pany did not want a money bond because
II any OF its members were arrested they
co uld not realize upon it. The company
wanted to have a hold on man SO that
they might have faith in his confidence.
such evidence as having scuttIed ship,
robbed bank. held up train, blown
q safe in country store was what
the company would look upon as coed
bond for man. In fact Guy Fawkes
would have made a good member of this
smuggling company.
Witness said he did not tell Waite that
it did not make any difference whether
he had done anything or not, all that
was necessary was to say he had done
something.
When the witness first asked Waite If
he had ever eommmltted a crime he an
swered No" Witness started to tell
how Waite had qualified this denial but
Mr.. Heckbert stopped him. The witness
said that he had seen Marshal Sylvester
after coming to Portland but he was paid
by Brady as his assistant.
Mr.. Libby asked the witness to relate
the remainder Of the conversation with
Waite after he had denied committing
the criminal acts.
Waite told witness that he had never
committed a criminal act but that he had
| been suspected of setting q number of
| fires in Portland. Waite told the witness
that he had tried to give Portland fire
| patrol system but as there were a number
| OF incendiary fires shortly before the pa
| troll was started the scheme had to be
given up. Waite said that he was sus-
pected of being the incendiary. Witness
told Waite that for security this fact
would be of no use to him. The snug
Cling company wanted men who had
done good job but would not have
anything to do with man who had COM
mitted murder or who had stolen an
| umbrella. The one crime was too big; the
other was too small.
Mr.. Prichard here ended his testimony
and Judge Bonney said that the testi-
mony would be admitted and ordered
| that the jury be brought into the court
room.
Mr.. Heckbert now arose and began an
argument against the admission of this
| testimony. 1t was very able argument
and the points made by Mr.. Heckbert
were very clearly and concisely stated.
Mr.. Heckbert argued that the court
ought not to admit the evidence of Mr..
| Prichard because improper inducements
| hadbeen used, sufficient to bring out
from Waite any untrue statement claimed
to be confession. Mr. Heckbert quoted
freely from several law decisions and
''Greenleaf on Evidence as to the
character Of evidence in similar oases
which ought to be excluded. He claimed
| that the detectives we're persons in au-
thority, getting their authority from the
city marshal, and il they were persons in
authority Waite confession is worthless.
| He claimed that it made no difference
whether or not Waite was in custody.
The indictments held out, he claimed.
were sufficient to cause Waite to state
what was not true.
| County Attorney Libby quoted several
law decisions controverting the position
assumed by Mr.. Heckbert. He claimed
that the confession was not made to q
| person in authority, and that Waite did
not make it to obtain immunity from ar
rest or punishment.
Judge Bonney decided that Mr.. Heck
his points as to the evidence in hand to
| the jury and he ordered the jury to be
(! called in. The case then proceeded from
| the point where it was left Tuesday night.
| Mr.. Prichard was called to the stand
again by Mr. Libby, the jury having
| been summoned into the room again.
Mr.. Heckbert stated that he wanted the
| witness to conffne his conversation with
| Waite to those things pertinent to the
charges made in the Indictment.
| The witness was then allowed to pro-
ceed. He said that Waite came to his
room at 316 Congress street with Brady
about $50 O'Clock. Witness was intro
duced to Waite as the general manager of
| the smuggling company. He, having got
Waite TO sign al application blank of the
smuggling company finally got Brady to
leave the room and then he had that con-
versaton with Waite about bond or
security as already related in the prelimi-
nary hearing before the judge.
He said that then. having stated
what this bond should be he had soma
talk with Waite about the matter and
then asked Brady to come back to the
room. He then drew up the bond, which
was the document ruled out by the court
on Monday. This conversation with
Waite at this time was ruled out by the
court as not having any thing to do with
the setting of these fires. Waite, having
signed one of the alleged confessions was
left at BPady's room by the witness and
the next time he saw Waite to talk about
the fires was on the next day, July 23
in room 81 of the Preble house about IL
o o'clock. Witness said that Waite and
Brady came to his room about II O'Clock
and they proceeded to conclude the bust
ness in hand, namely the drawing up of
the application for membership, the sign
| ing of the bond, etc, Witness said he
had what purported to be telegram from
Montreal in cypher signed by the imagi-