The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1897-12-23

|
Mintzer about 1t. He was positive that
Mr.. Burgess.
| Daniel Hickey called. said:
My father was William Hickey. He
kept a hotel on the West side until
1892. I have not seen my father writs
| often in the past ten years. I am a
saloonkeeper. My father died in July,
1896"
Can you identify your fathers sig
nature when You see 1t
well, I cannot; that looks some like
it."
! 1t may be stated respecting the mar
riage certificate, William Hickey is
dead. Father Bigot, formerly Of the st.
Louis church, is dead; John Watson is
alive and living on Lizzie street on
| Dayton's bluff, but is incompetent and
| imbecile; Justice Burgess Is insane
Mr.. Bell then recalled Mr.. Waters,
and continued the direct examination.
"Mr. Waters, was there any issue of
| this marriage?"
| mo, SIR"
Were you ever married before?"
eyes. sir"
Were there any children by that
nlsrriage?"
Eyes, sir, seven Of them. Two of
them live in st. Paul with their fam
| ilies.'
In response to succeeding questions,
Mr.. Waters said that his children were
angry with him and sought to prevent
him from presenting his claim against
the Mintzer estate. Mr.. Waters also
testified that he left the other half of
the marriage certificate with Justice Of
the Peace Burgess and saw him write
on the back of it.
you may inquire of the witness, Mr..
| O'Brien," said Mr.. Bell. And Mr..
| O'Brien did inquire. So severe was his
cross-examination that the court, after
all hour or so of it, took recess, in
order to give Mr.. Waters an opportun-
| ity to recover his composure. During
| the latter part of the examination, Mr..
Waters appealed to the court for pro-
lection. He was an old man, he said
| it developed that he was eighty years
| Of age-and Mr. O'Brien confused him
by repeating his questions.
Mr.. Waters has a pronounced brogue,
the origin Of which was explained by
his answer to Mr.. O'Briens first ques-
ton.
when and where were you born, Mr..
| Waters, as that seems to be the be-
| ginning of this trouble?"
I'm a place called Ireland
ireland is not large place know,
but where in Ireland?"
I'm a place called the County Of
| Cork"
What place in the County of Cork?"
81 supposed you, Mr.. O'Brien, were
pretty we'll acquainted with that coun-
try"
81 am, indeed" responded Mr..
OBrien, "but unfortunately the judge
indicating Judge Willrich-is not" A
general laugh in which the court Joined
ipaudibly followed.
Mr.. Waters testified that he was born
near Bantree.
when were you born?"
Mr.. Waters hesitated before answer
ing. "Well, a good many people might
not believe it, but I was born in 1877"
Mr.. Waters testified that he came to
this country in 1869. Mr.. O'Brien ask
ed him if he had not once put in a
claim to an estate in Ireland. Waters
said that somebody else had set up a
claim for him, but he hadn't got any
thing out Of it. 1t was all a joke. Ask
ed who practiced the joke on him.
Waters said that lawyer named Nc
Quirk, of Davenport, To-, had done it
without his knowledge or consent.
Waters testified that he became &C
quainted with Mrs. Mintzer in 1889 or
1890, at William Hickey's hotel. on
South Robert street.
You procured the license to wed her
in 1890. but didn't marry her, you say,
I'VE fell out two or three times. I
checked her for some irregularities and
the marriage was put off,
How old was Mrs. Mintzer when you be-
came acquainted with herr"
About 6S or Co.
she was decrepit and irritable at that time
was she not?"
"Yegs. sir. She was. Sometimes I got along
with her and more times 1 didn't, but l
wouldn't say anything against her"
Mr.. Waters said that Mrs. Mintzer was
lame, but afterwards explained that she
wasn't always lame. but sometimes her corns
bothered her.
Did you love this old woman?" asked Mr..
O'Brien.
Mr. Bell object. We are getting into
deep water now.
Now, Mr.. o'Brien." protested Waters. II
think That is an improper gus ion"
Mr.. O'Bren rose to his feet and was pro-
ceeding to argue in opposition to Mr.. Bells
objection. when Mr.. Waters. in lines Of des-
peTation, exclaimed:
We'll, 1 did love her, and I think she loved
me-"
WAS it this love that induced you to marry
herr"
"She induced me to marry her.
You were overpowered by your affec-
tlon?"
when did you first love her?"
when I met her."
at was case OF love at first sight then7'
81 suppose So"
Mr.. Bells there no limit to. the badgering
Of this witness?
Mr.. O'Brien-There is not when there is
no limit to the audacity of your client.
Mr.. O'Brien began to cross-examine Waters
most infinitely concerning his actions during
the succeeding fortyeight hours from the
time the ceremony was alleged to have been
performed in the Office Of the justice of the
peace. 1t was here that Waters memory
seemed to fail him. He told entirely con-
fiicting stories as to his whereabouts on the
day the wedding took place and on the night
of that day. as well as on the following day
and night. He first testified that he spent
the afternoon after the marriage, which he
said was celebrated at noon, going up Third
street to get fish for a salmon dinner which
he partook Of that same evening. between
and 10 o'clock. at the home of Mrs. Mint
zer on st. Peter street That same night
he took a Milwaukee short line train for
irving there walked out to see a farmer
| who lived two and one-half miles from the
city, on the Minnetonka road. He reached
the farm house, he said. about midnight,
| found the family all up, and transacted some
| business with the farmer concerning some
| shrubbery. which the farmer was to purchase
| from a nursery at Lake City. The farmer
afterwards hitched up a rig and drove Mr..
up at hotel-the Globe hotel, he thought,
| but he couldn't remember whether he regis
| tered. The next day he returned to st. Paul,
and that afternoon he called on Mrs. Mintzer
| That night he went to Gladstone and slept
| at the house Of his son George.
| Ten minutes later Mr.. Waters testified that
the day or evening of the wedding that he
| lunched there from to D. m. that day,
that he went to Gladstone that night, that he
came back to St. Paul the next day, that
and 10 o'clock, and that he left for Min
neapolis Immediately afterward and re-
NAMED in that city all night. He testified
he he's spent his days at the home Of his SON at
Gladstone, but Slept in st. Paul" nights. Mr..
Waters said that he went to Minneapolis in