The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1897-07-17

Special Latch TO the Post-ln'eiiiseneer,
SYDNEY, Wash. July IL. - Edward
Cu6ihea was the last witness pur on for
the prosecution in the Berg murder trial.
and recounte1 the circumstances or
Berg's arrest. This closed the testimony
for the state.
Judge Winsor outlined the defense
briefly, and placed on the stand as his
first witness J. E. Crawford. who tes-
titled as follows:
Il am cook in the King county jail.
Henry Mclaughlin said 10 me in the coun-
y jail al Seattle that they had got the
wrong men On another occasion he said
il was not Berg but Moss. that did the
shooting. On still another occasion he
said Berg had nothing 10 do with IT,
On cross-exanina;ion. witness testified:
az have been in Seattle since the seth
or March last. Richard Wiasor Jr.. is the
night 1asIer at Seattle. i had three con-
xersattons with Scotty about this muir
jail l Went 10 see II I knew him. / Gid
not know him. asked Scotty what he
knew about the Lyons case. / preached
the matter myself l had a conversation
said he was a witness il the Lyons case.
and that he would not tell anything but
the truth. He WAS drunk. talked like d
drunken man and walked Ike a drunken
man. lie staggered when walking: this
was the flrst day. He said that Berg had
nothing 10 do with the case. 1 saw him
the next day. He said things are not COM
Ing as they should come: that he knew
Berg was not guilty or doing the shoot
ing that il was shorter man than Berg.
did not say that it was a shorter man
than Berg and ScotIy did not tell ME that:
what he said was, that there was a short
ter man there than Berg. / had another
conversation with Seotty: IL was IN the
cell, and in the evening. | talked 20 him
ed
him II he thought Berg was guilty. He
sad there was man there that he .den-
tined as Moss, that he could tell was
Moss. He said he knew it. because he had
seen his face. He was drunk in the King
county jail nearly every day. | saw him
every day. Scotty was inside the bars
and was drunk nearly every day. When l
had these conversations with him he was
pretty Well loaded, staggering when he at
tempted 10 walk. told Berg in two or
three days what Seotty had said. but 1
did not tell Moss. / also told Andy. the
day jaller. did not tell any OF the officers
OF kirsap county what Scotty had said. l
did not think II was OF sufficient impor-
tance.
On redirect examination the witness
said:
smuggled to him. Visitors are not adj
mitted during the night watch"
In answer TO Attorney w. H. Morris,
witness testified:
Il knew all the time that whisky was
being srnugsled into the prison, and did
not go TO the sheriff and tell him SO. /
don't know whether he knew il or not"
Several other witnesses were called. but
no material testimony Was elected beyond
the fact that al the Inquest "Scotty'' did
not identify any one as having committed
the crime.
John II. Moss. Jointly held with Berg
Tor the murder, was the important witness
or the day. His testimony was as follows:
II have known the defendant since five
weeks previous 10 the 18th of June last.
lie was carpeniering for MIR. Lyons. After
supper 1 ala not See him until after Il
o'clock on the 18th Of June. ! went 10 bed
al IL minutes past 10 o'clock. did not
hear any shots, bat heard some one cali
ing Steward Steward, cosne down: there's
a man here dying. and If slon't ger drink
some one eroaning. said. LET us go down
and see what's the matter. Went down;
found Scotty there IN drunken condition;
l saw Lyons lying behind the bar. | said
took him to his bed Berg suggested some
one ought 10 go fer the doctor and / vol
unteered 10 go. was not out OF my room
that night after ] went 10 bed until met
Berg the head of the stairs.
My room in the hotel was directly over
the harroom | first met Berg that night at
about quarter past u O'clock at the head
of the stairs. The first heard that night
was some one calling. | said at the coro-
ners inquest that first heard an unusual
noise. / did not say that II was the noise
OF some one falling. | heard some one
grooming three times. Lyons was living be-
hind the counter, and Scotty was there. 1
coat went down ahead of Berg. When
l met Scotty | said: What il the he'll are
you doing here?'. He said: There is a man
dying here He then told about being
drunk. about throwing up. and when lie
came in Lyons offered him more liquor,
but said be could not take it because he
could not keep it on his stomach. He then
told about the men. two men, coming in
with masks on, that the one who fired the
shots was tail man: that at one time his
mask fell OF, and that he was "A dark COM
piexioned man. witi a black mustache and
that the second man was a shorter man
and had full whiskers. Lyons never spoke
another word after | came down. Mr.
Borg suggested that some one should so
for the constable and the doctor and make
one trip CT Ii. / went upstairs. put on my
shees, and started for the constable and
doctor
Swan Berg testified in his own behalf:
II am IS years old: have resided In this
state four years; was married four years
ago: have TWO chidrel. | knew Michael
J. Lyons. | was in his employ for about
two months. ] am carpenter. was oorT.
III Norway. | was building a barn for
Mr. Lyons for week and a half before
his death. I remember the day and even
ing of the 18th CT June. bad supper that
evening about 8 O'Clock. J then went out
anu worked Cor ii2 hours. came back and
talked with Mr. Lyons FOR a half hour:
went 10 he'd at about $50 / heard noise
In my sleep; IL sounded To me Ike some one
falling or tne floor. Then | heard some
shouting and calling. ] got out of bed
and put NY clothes on, heard some one
shouting Some bOdy's shot. Come down
i mans dying and If / don't get some
thing 80 rink / viii be dead, too At the
head Of the stairs / fllet Moss. who came
out Of his room with lamp. We Wen.
down. SEQ " was running around. | sad:
What's the natter He said There is
a man dying.'s Found Lyons on The floor
behind the bar. | told Moss 10 call the
hlred man. and / got some water and
bathed MS forehead. When Moss came
Down We carried him 10 his bedroom He
said: oh, Berg. ! am shot l said Do
YOU know who shot YOU / know them;
I know 7hem. My arm = shot away, ! an
afraid | aill lose my arm. shut up the
house / was here Y ns1i the doctor pro-
nouuccd him dead. said. is thar SOP
I was here two or tbree minutes aso and
he vas living then. / went to Seattle 20
notify Mr. Howard and Frank Lyons Ola
Tom paiA nv fare, ] was at The Inquest.
/ went 70 Seattle or the sane boat that
carried the body over. helped - carry tue
body of the boat. asked C0roett K ne
stlA had those t@3 sailors II Gust jdy- I
asked aim II the statement IN the Post
lntAluEence~ vas true He said. No
there - nothing against them. said /
thought there vas noghiuS IN H. FOR one
Of them slept IN the hotel taat Night /
DO not remember saying th2t they acted
IN i suspicious ay OF the boat
Il had been al TIE Howard saloon about
an hour b,sorc CudIhes AID Ml!hera
came IN irualhee asked me 20 take q
waIk gp 70 police. headquarters; mat b.
wanted fne to make a statement / said
All right 1 don't remember saying Won