, 1897-03-10

had had no trouble with anyone.
J. E. O'Hearne, superintendent OF the
shops, was in he baggage room and
heard Stabler swearing. He did not
know Of a statement being received from
Stabler. At 1886 the defense rested.
After q l5-m!nute recess the prose-
cution examined a number Of witnesses
in rebuttal. Mrs. Stabler, widow OF the
murdered man, was called. She was
asked If her husband ever carried a gun.
The question was objected to by the de-
Tense on the grounds that the prosecu-
ton having presented its case and hav-
ing had an opportunity to produce this
testimony. bur failed to do 80, and had
nc right to do so at this time. The point
was argued at great length by the attor-
neys. but finally Judge knight decided
that the prosecution had the right to
prove that Stabler was unarmed at the
time OF the homicide, and the examina-
ton was resumed.
Mrs. Stabler stated her husband never
carried Il pistol or was not in the habit
of doing SO and he had no gun the day
Of the killing. A knife was introduced
and identified by Mrs. Stabler as being
the property Of her dead husband. He
had carried the knife since she was
welded to him, four years & last No
vember. The knife in question was a
three-bladed pearl handled tool and
along the back OF which prevented the
large blade from closing after it was
once opened. In the cross-examination
witness stated hat her husband had
owned n shotgun, also that brakemen
were in the habit of carrying guns,
while EN- route back and forth between
Cheyenne and Sidney. She was posi-
tive that he had not a pistol in his pos
session the day he was killed: either
about his caboose or on his person. Mrs.
Stabler was greatly frightened while on
the stand and it was necessary for the
bailif to assist her to her seat. The
questions ~propounded her by Mr.. Stoll
were not answered until Judge Knight,
who stood beside her during her exam
l%nation, explained, in a kind voice, the
meaning OF the questions and just what
Information was wanted.
j. A. Van Orsdel was called. He was
asked regarding Trammell's statement,
which was made in his presence at the
IlnriS'S nfipa rpprcal Tow ,Io 1of-.o
again inte-posej an objection and again
he point, Which, Wa very much similar
to the one decided a few moments be-
fore in favor OF the prosecution, was
argued at some length. Finally Judge
knight requested that the witness be re-
moved until today. as the argument was
taking up too much time.
George Monk) Artist was called. His
testimony was the most important OF
the day, in that 1t proved c%onclusively
that Fireman McFarlane testified
wrongly a few days ago when he said
that Stabler was on engine 924 in the
east end OF the yards shortly before 2
O'Clock in the afternoon of Oct. II, and
there made a remark about Trammell
looking down the barrel Of a "A. Mr..
Artist said he left his home at the city
pump house at l o'clock on Oct. II. He
arrived at his caboOse in the Yards I'M
der the viaduct at 100 p. m. He was
occupied for 10 minutes in the car clean
ing lamps, ETC.. and while there he saw
engine 1924 pass down the yards, being
in charge Of Fireman McFarlane, he be-
Ing alone on the engine. Artist then
went to the store room for some sup-
plies, not being away from the caboose
over 10 minutes. AS he arrived at the
caboose on his return Stabler, the de-
ceased, stepped down off the caboose
platform and passed a few words with
Artist.
Counsel for the defense made a deier-
mined effort to break down Artists tes-
timony. but Monk was firm and stuck to
his former statements.
Court then adjourned until 10 O'Clock
this morning.
W. 10 o physician or pharmacist can
conscientiously warrant a cure, the J..
Z. Aver company guarantee the purity,
strength. and medicinal virtues OF
Ayers %Sarsaparilla. 1t was The only
blood purifier admitted at the great
worlds fair in Chicago, 1893.
On n occasion John McSweeny, a
famous Ohio lawyer, was engaged as
counsel for the defense in a California
murder case. The case looked hopeless.
Mr.. McSweeny submitted no evidence
for the defense. Believing that the case
was won, the states attorney made only
a few ~perfunctory remarks in conclu-
sion. Then the great Ohio leader be-
gan in a quiet. conversational tone. No
reference was made to the murder, but
Mr.. McSweeny drew a vivid picture of a
pretty country cottage, a loving wife
preparing supper, three ruddy-faced
youngsters looking up the road to see
papa" coming home to supper. Sud-
denly the speaker stopped. Drawing
himself up to his full height, he ex-
claimed. In a tone which startled the
whole court room: Gentlemen, you
must send him home to them!' A roar
Of applause followed. and one old griz-
zled juror blurted out: well do 1t,