The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1897-02-26
JURY IN THE WALDRON ASSAULT
CASE HADN'T AGREED AT MID
NIGHT.
LOOKS LIKE DISAGREEMENT.
TESTIMONY Fur THE DEFE NSE WAS
BRIEF AND SOON DISPOSED
OF.
SOME REBuTTAL WAS OFFERED.
Then Came the ChnrGe-On WAL
drOn's Own Admission He Was
Guilty of Plain Assault.

The WaldrOn assault case went to the
jury shortly after o'clock yesterday
afternoon. At midnight the jury was
still celebrating on a verdict.
The criminal court did not open until
p. m yesterday, Judge Kelly having
attended the funeral of Archbishop
Grace in the forenoon.
Charles T0usley was the first witness
called for the defense. On the direct
examination by MI. O'Brien, Mr.. Tous-
ley said he was in Waldron & Grady 5
saloon when the fight occurred, and
that he saw Waldron hit Paul Benz.
Witness testified that he did not see
anything in Waldron's hand. AS he
remembered it, Waldron struck Benz
a swinging blow.
On DISCRIMINATION Pierce Butler
asked Mr.. Tousley whether he could
swear positively that Waldron had
nothing in his hand when he struck
Benz
Nothing that stuck out" answered
the witness.
The witness could not swear positive
ly which hand Waldron had used in
striking Benz. He would swear, how
ever, that Waldron had nothing in mis-
hand that prohuded. from it.
1t seems to me if there had been
anything prCtruding 1 should have
seen it," was the way Mr.. Tousley
finally put it.
Mr.. Butler asked the witness how
long the fight continued before Wal
dron struck Benz.
worry
Tousley. Not over minute and a
Ss44Ialf.,
But a minute and a half is a good
deal of time when q sood fight is in
progress, isn't it?' inquired Mr.. But
Ter.
The witness admitted that considera-
BILE fighting could be done within that
period of time.
Further crOss-questioning elected the
admission from Mr. Tousley that he
was "a boxer in an amateur way" that
he had given exhibitions In sparring,
but not fO1 a living. He had been a
railroad man, a farmer and a health
inspector in the city of Duluth. He
had known Messrs. Waldron and Grady
since 1898
Asked if he and Waldron were not
good friends, Mr.. Tousley answered:
quite the reverse"
why, are you an enemy of Mr.. Wal
dron-"
mo. sir; but I think Waldron is my
enemy"
The next. and, as it proved, the last
witness called by the defense was Hen
ry Gray. Mr.. Gray happened to dron
2 into the saloon just after the trouble
began. He testified that he saw Wal
dron rush through the gate from be-
hind the bar, hit somebody and knock
him down. Immediately afterWard the
witness heard Grady say something
to Waldron, but could not distinguish
the words. Waldron then walked
back, washed his hands and wiped
them on a towel behind the bar In
the meantime, Benz, SO Mr.. Gray tes-
titled, got up and said to Grady,
What did you hit me for?" whereupon
Grady replied, IF you were gentle
man, you'd pay for your beer when
you order it,
Mr. Gray declared that he saw no
weapon in Waldron's hand He
thought that Waldron struck Benz
with his left hand. Just as Benz was
leaving the saloon, he heard Benz
say, ri get even with you, I'll make
You pay for this" to which Grady re-
piled, so the witness testified, 'Now
you go on, 1 guess you've got enough. -
Witness did not see Benz do any
thing or hear him speak a word prior
to the time that Waldron struck him.
Mr.. O'Brien then surprised every
body by calling County Attorney An
derson to the stand. Mr.. Anderson
hesitated moment and then stepped
forward and was sworn by Judge
Kelly. Mr.. O'Brien's first and only
question put to the county attorney
was this:
Did you hear the witness Fruetel
testify yesterday that he had neve,
spoken to you about the case?''
Mr.. Butler objected, on the ground
tEat 1t was immaterial whether Frue-
tel, one Of the witnesses for the state
had talked to Mr.. Anderson explain
ing the case. and that the defense
could not seek to impeach the witness
or his answer to an immaterial uues-
ton.
Mr.. O'Brien disclaimed any imputa
ton against the county attorney to the
effect that he had sought to coach the
witness, but he called attention to the
similarity of the language used by the
states witnesses. which Mr.. O'Brien
SAD was not such language as they
would ordinarily employ, and taht il
tended to show an agreement among
the witnesses to conceal any facts det-
rimental to the prosecution
Judge Kelly sustained Mr.. Buffers
objection, and Mr.. Anderson was per
nlitted to leave the witness stand.
Mr.. Butler then recalled Paul Benz
Peter Fruetel and William Post ir
rebuttal Mr.. Benz denied that he