The herald., 1897-07-20

You are acquainted with the ueIenu-
anti" inquired counsel
II refuse to answer" was the parrot
like answer.
do you know this MANI" sternly in
quired Judge Smith.
Eyes, sir" meekly answered the wit
ness.
do you remember when you first saw
the defendant" asked counsel, resum-
ing his examination.
II refuse to answer that question on
the ground that I may incriminate my
self, as 1 was arrested on the same
charge as the defendant, and have had
no notice of dismissal"
The witness was assured that his case
had been dismissed long ago and that he
was safe from prosecution. He then an
swered.
IT don't remember the date" he said.
Ibid you have any conversation, or
any transaction, with regard to passing
a pistol in to 'Kid?' Thompson, and if SO
tell the jury about it,"
Witness demurred until he was as
sured beyond all peradventure that his
valuable person was safe from interfer-
ence, at least in connection with this
case. But he still hesitated, and the de-
Tense took him in hand.
Mr. jenkins" inquired Attorney Oil
yer, 'if you did assist the defendant to
carry gun into the JAIL did you do so as
a pretended accomplice or not?"
Witness objected again to answer, and
the court had to assure him that he might
safely do SO.
II guess 1 was a feigned accomplish"
That being settled, Mr.. McComas re-
sumed his examination. In answer to
the interrogatory witness stated that
Harris spoke to him and told him that
he had met with an accident and had
business with Kramer but could not go
to the Jail. II went for him. said the
witness, 'and saw Kramer and he told
me he was going to get gun to Kid
Thompson and asked me if I'd see Tup-
per. l said l didn't want to be impl-
Gated, and he assured me that it was
all right. Next day / went to the Wiley
house and had conversation with Mag
gle Brown. asked her if she had some
thing for Kid Thompson and she said
no, but that Topper had, and she made
an appointment for the next night. Next
night l met the defendant, and he told
me he didn't want me to take the gun
in until next day, as only three cart
ridges Were in it.. Next day he gave me
0cents to buy cartridges. / didn't want
to take the gun into the jail myself so
I gave 1t back to Harris" (Witness iden-
titled the pistol.
Witness could not remember what
cartridges he bought, but to the best
Of his knowledge those offered in evil
Gence were the ones he purchased.
you had conversation with Kramer
before you saw Tupper?" inquired Mr..
Oliver on the cross examination.
Yes, sir; about couple of days be-
fore"
Just repeat that conversation"
He said he was going to get a gun
into the Jail for the Kid and in the alb
sence of Harris wanted me to help him.
He said it was all right"
What did you understand him to
mean?" queried Judge Smith, interpos-
ing at this point.
THAT 1 wouldn't get into trouble"
did you imagine the gun was to go
to Kid Thompson or not?" resumed Mr..
Oliver.
Il thought it was to go to Kid Thomp-
SON."
Then am I to understand that you
attempted to get gun to Kid Thomp-
son actually?"
mo. Kramer said, Kennedy is all
right"
Then, as a matter of fact, you didn't
understand that the gun was to reach
the Kid?''
Il didn't know only what Kramer said.
From what he said about Kennedy being
all right, I didn't give the matter much
thought. Kramer gave me to UNDER
stand that Kennedy knew al labout it.
and was guided by that, for 1 had no
object in getting gun to Kid Thomp-
son."
did you have any conversation with
Kennedy at all?'
mo, SIR
ANY conversation about your part in
the transaction ?"
mo, sir"
Immediately after seeing Kramer
when the gun was passed in, didn't you
have a conversation with Kern dy about
what you had done?"
"No, SIR"
Witness proceeded to say he was ar
rested on Spring street and was not
awakened in bed at midnight. Jailer
Kennedy was present when witness was
taken to the Jail, but he didn't have any,
thing to say, and witness was taken up
stairs and put in the cell. He didn't re-
member having a conversation with
Aennedy next day or at any other time.
On the next afternoon witness was re-
leased. He didn't know how it came
about, but he was just turned loose.
When did you leave Los Angeles.
prior to this trial?"
"On Wednesday, I think, about &
o'clock, and we went to Santa Monica"
Were you at the jail about 6 o'clock
on Wednesday night?"
mo, sir"
Where did you stay at Santa Mon
ica?"
AT the Hilton. We engaged rooms for
four or five days"
Where did you stay on Thursday
night?"
Il don't know the name of the house"
WAS 1t In Santa Monica proper?"
Eyes, sir"
Did you see Kennedy in Santa Mon
lea 2" .
mo. SIR
What direction was the place you
stopped at from the Hilton?"
Just around the corner"
You didn't sleep in barn them"
mo. sir. I stayed in lodging house."