The Portland daily press., 1897-09-29
STATE STRUCK A SNAG.
Second Days Session in tho Waite
Trial Ends Abruptly.
OF PRICHARDS EyI-
DENCE OBJECTED TO.

Counsel for Defense Raises a Point of Law
Which Threatens to Damage the Case
of the State-Court Adjourns Prema-
tureiy to Look Up the Law on the Mat
ter-Day Taken Up in Cross Examining
Detective Brady.
The second day of the trial of Wilbur
M. Waite was not without it's sensational
features. 1t was brought to sudden tep-
mination last night at O'Clock when At
torney Heckbert sprung a surprise on the
court by objecting to the admission of
certain testimony which is vital to the
case, namely that relating to Waite's
alleged confession.
The whole day up to the time of the ad-
journment of the court on account of this
objection was taken up by Attorney
Heckbert in cross examining Detective
Brady, whose evidence has been so
damaging to the asccused. Mr.. Heck
bezt made Brady go over and repeat every
line of the testimony given on Monday.
He made this witness, who by the way
showed himself to be remarkable cool
hand in the witness box, go into the
minutest details and describe all the con-
versations with the accused and all his
actions since he first became acquainted
with Waite. While in the main his cross
examination was merely repetition of
the evidence given by Brady on Monday,
the defense succeeded in bringing out
several important points which were not
then developed.
The most important piece of evidence
adduced was that check for S400 had
been offered or shown to Waite before he
signed the alleged admission or confession
which related all of the crimes he is
claimed to have committed during his
life
The defense also brought out the fact
that while the application of Waite for
the admission to the band of smugglers,
was signed Immediately below the writing
on the page the signature of Waite on the
document purporting to be confession
of his crimes was placed some two and
half inches below the writing on the
page and the writing itself was done by
two different persons, viz, Brady and
Clark at different times.
On the other hand the long and tire.
some cross examination of Brady was de-
cidedly trying to the jury and wore upon
them good deal. Some of the evidence
brought out on this cross examination
was very damaging to Waite and was of
nature that could not have been intro-
duced by the prosecution. The afternoon
session abounded in startling testimony
and was terminated, as has been said in
a most abrupt manner.
The court room was crowded with
spectators at both the morning and after
noon sessions. There was hardly a seat
to be obtained in the room at any time
during the day, and a large crowd fol-
lowed the testimony with great interest.
Waite seemed to be in good spirits and
looked more at ease than he did the first
day of the trial. His wife, mother,
brother and few friends remained with
him during the entire day and undoubt-
edly their presence did much toward
cheering him up. Mrs. Waite is by far
the most nervous person in the court
room and the way her face pictures the
distress or joy she feels as damaging or
favorable testimony is given is pitiful to
witness. She is brave little woman and
has won the respect and sympathy of
every attendant on this case by the
faithful wayAin which she has stood by
her husband through ALL
The first witness Of the morning was
the detective Henry J. Brady, who was
on the stand Monday afternoon when
court adjourned. The State having no
further questions to ask him, he was
turned over to the defense for cross exam
ination. Witness in reply to questions
by Mr.. Heckbert saidathat he resided in
Boston. He said he was not private de-
tective. His business was that of look.
ing up evidence in criminal cases and
in looking up the cause of fires. He said
he was not a regular employe of the fire