The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1897-12-24

! eyes. sir" and Mr.. Burgess named the
| location correctly.
| What is my name?" asked the court.
"Willrich," promptly and cheerfully an
swered Mr.. Burgess.
! Judge Willrich-I am satisfied that Mr..
| Burgess memory is such that he Is com-
petent to testify to facts which transp.red
| in the past, and l will admit his testimony.
! Mr.. O'Brien then proceeded with the regular
| direct examination. After Mr.. Burgess had
| testified that he had held the Office of justice
| of the peace in st. Paul for seven years. and
| that on March "a, 1S92-the date of the alleged
| marriage, he was a justice Of the peace and
| that his office was located in the McClung
| block, Mr.. O'Brien inquired as follows:
| did you know a woman named Mrs. Anna
Mintzer?"
Eyes SIR
did you know Joseph Waters?"
"The landscape man? Yes, but 1 didn't
| know his name was Joe."
There he sits at the end of the table"
said Mr.. o'Brien. pointing to Mr.. Waters.
did you know him."
Eyes SIR"
| "How are you, Mr.. Burgess?" INTERCEPTED
Mr.. Waters.
But Mr.. Burgess left Mr.. Waters in doubt
as to how he was.
Ibid you ever at any time or place perform
marriage ceremony for Mr.. Waters and Mrs.
Mintzer?"
Mr.. Bell interposed vigorous objection
here. but Mr.. Burgess, not needing him, an
| swered:
81 have no recollection of so DOING
| Here Mr.. O'Brien hanGede the alleged mar
riage certificate to Mr.. Burgess, and asked
him to look 1t over and say whether 1t con-
| tanned his, Burgess, signature
| Mr.. Burgess slowly adjusted his spectacles
| and after perusing the document for fully
| three minutes. he said:
THAT is not my signature"
| The answer caused q sensation.
| "Is the body OF the certificate in your hand
writing?"
cit is not. 1t is an imitation of my hand
writing My name was very often counter
| feited in certain transactions I know Or
Did you ever at any time or place marry
Joseph Waters to Anna Mintzer?"
| Again Mr.. Bell objected, but the objection
81 never did," answered Mr.. Burgess. I'm
not the man that did it. If there was any
man that did it at all, it was done under
my name, but never did it. 1t is not my
| writing"
Mr.. Burgess added that he never wrote out
his marriage certificates in full, as he, al
| ways used printed blanks He wrote them
out in full only in his docket book.
did you ever know Rev. Father Bigot,
! whose name Is signed twice to that certificate.
both as your assistant and as witness Of
| the ceremony"
mo. sir"
Ibid you ever perform a marriage cere-
mony assisted by any Catholic priest?'
mo, sir; l never did,.
| Mr.. O'Brien-Thats all.
! Mr.. Bell then subjected Mr.. Burgess to
| close cross examination. but the old man s
| testimony was not IN tne least shaken. MI
Bell handed him the certificate and asked
| him to read it aloud to the court. Mr.. Bur
| CESS read it slowly, word for word, stopping
once to criticise the capitalization. as the
| name Waters seems to be spelled with a
| small 'w."
Mr. Bell questioned Mr.. Burgess concerning
conversation he had with Mr.. O'Brien at
the Rochester asylum few weeks ago. Mr..
Burgess said Mr.. O'Brien had asked him II
| he knew Mrs Mintzer He told Mr.. O'Brien
he had Mr.. o Brien had also asked him if
Il o6r
tifcate % either Mr., Wet or Mrs Mintzer.
II told Mr. OBrien, continued Burgess.
that il l had married them he could find
the record in the clerk of courts office in
st. Paul.
Mr.. Bell asked Mr. Burgess if he knew
whose handwriting 1t was on the alleged Ger
| tificate.
II do not 1 wasn't present when it was
written replied Mr.. Burgess. Later, Mr..
Burgess said he had his suspicious as to who
wrote it
about this case?" inquired Mr.. Bell.
Il didn't testify that anybody else talked
to me about this case" quickly retorted Bur-
| CESS.
Mr. Burgess then told of Waters calling on
him at the asylum either in December, 1895,
or January, 1896.
Burgess, ''much smaller than this. 1t re-
me if had ever signed it."
Referring again to the alleged certificate
[
signature was his, he wouldn't deny It, He
was then allowed to step down.
I Mr.. Waters was then recalled and the
cross examination resumed. Questioned con-
corning a conversation he had had with Mr..
| O'Brien, Mr.. Waters denied that he had said
that he was forced into putting in his claim.
| At this point DR.. H. H. Hertzog, OF the
Rochester asylum, was called by Mr.. O'Brien.
DR.. Hertzog testified that he met Mr.. Wat
ers at the asylum, when Waters went to- the
asylum to see Burgess. Burgess was Ill
| IN hod Dr lTed at
would like to be notified in case of the death
! of Burgess and he said he would. DR.. Hert-
zog said that Waters refused two or three
| times to give his name when asked. Waters
| said his name was on the visitors book
| Dr.. Hertzog looked at the book afterwards,
but couldn't read the name. it was written
| illegibly.
| The visitors book was then introduced. and
| the entry in the book was offered in evidence.
Mr.. OBrien then asked Mr.. Waters If he
wrote the entry in the visitors book. Mr..
| Waters said he did.
letter, written by Waters to DR.. Kill
| bourne, the superintendent of the Rochester
| asylum, was shown Waters, who admitted
| that he wrote it some time this year. The
| letter contained inquiries concerning the
mental and physical condition Of Mr.. Burgess
| Mr.. Waters also acknowledged writing a
| postal card to DR.. Kilbourne making SINH
| lar inquiries
DR.. Hertzog was recalled and in answer to
| Mr.. Bell testified that when Burgess came to
| the asylum he under the deluslon that
| people were attempting to- prosecute him by
| electricity and he also imagined that they
were trying to force him to pay $500 Chat he
! didn't owe.
Mr.. O'Brien again recalled Mr.. Waters and
| pursued his discrimination upon another
| phase Of the case.
"Mr. Waters, didn't you, in the fall Of
1894. go to the pastoral residence of St
Louis church, in this city, and tell Mrs. Null
| len, the housekeeper. that you had learned
| that Luther Bigot was dead and ask her
for particulars of his death?'
| mo, SIR"
Didn't you tell her he was an old friend
| Of yours and ask her for some mcrnento Of
| him."
| mo, SIR"
Didn't you ask her if she didn't have a
| book with his signature In 1t, that she could
| give you?'
| mo, STR
"Didn't she tell you she had a photograph
| of Father Bigot with his signature on 1t,
| which she showed you?"
mo, SIR" (Emphatically.)
Didn't you sit down and copy the sigma
| ture from the photograph"
| mo SIR" QLoudly0