The Portland daily press., 1897-09-30
WAITE'S ALIBI.
Defence Opens in Fire-hug
Case.
PRISONER AT BOOTHBAY
DURING ONE FIRE.
Railroad Men, Minister and Others
So Testify.
WAS ATTENDING X. OF P. MEET
ING WHEN ANOTHER OCCURRED.

Yesterday Proved to be Good Day For
Waite-The Line of Defence Seems to
Judge Bonney Allows Defence to Gross
Examine Detective Prichard Prelim-
mary to Admitting Testimony to the
Jury-What the Two Police Officers
Heard Waite Say While They Were
Concealed Beneath the Bed in the
Preble House.
Wednesday was another notable day
in the Waite trial. In the first place it
saw the closing of the evidence for the
the state and the beginning of the evil
dence for the defeace. 1t saw the decision
of Judge Bonney early in the morning.
The court allowed Mr.. Heckbe the
right to cross examine the witness
Prichard before the evidence was heard
by the jury and after hearing this evil
dence the court decided that the evidence
was admissible as the confession alleged
to have been made by Waite was not OBJ
| tanned under duress by the holding out
of promises or by intimidation. But the
court would not allow Mr. Heckbert the
right he claimed of putting in evidence
| in rebuttal of the testimony of Detective
Prichard in regard to the manner in
which the alleged testimony was obtained
City Marshal Sylvester and Deputy
Hartnett testified in substance that Waite
had made some admissions to them
| which might be construed as being very
damaging to the respondent.
| 1t was in the afternoon that the defense
opened and began to introduce evidence.
| According to the Indictment Waite is ao-
cused of having set fire on the afternoon
of June in the Harrington block and
another fire in the Friends church on
Oak street on the evening of June Is.
| The evidence of railroad men, q
| Methodist minister and other people
| WAS put in to prove that on June s
NG4tO ScsS dp oOOuuJaJ 14aI Jul IlilleS away
from Portland.
| 1t was June 16 when the fire in the
| Friends church occurred at about 20
minutes of nine o'clock.
The defense put on about dozen wit.
nesses who swore that Waite was in the
lodge room of Longfellow lodge, *. of
| P, from until after 9 O'Clock and that
he was not out of the room hut once
during this time and then was gone not
more than three or five mi nutes. This
absence from the room occurred about Il
quarter past nine o'clock.
! In fact it was very good day for the
defense and Waite and his friends were
very cheerful when court adjourned about
5 o'clock to give Mr.. Heckbert time to
get witness who lives out of the city i.
| Waite and his wife and members of his
family were very happy and hopeful. The
large crowd that were present during the
day were also we'll pleased with the unex-
pected turn things had taken. That the
defence will put up a good fight in the
way of putting in evidence to prove an
alibi for Waite on the dates Of these
alleged fires the result Of yesterdays pro-
ceedings will show.
| Court came in at five minutes past ten
yesterday morning and the first thing the
Judge did was to deliver his opinion on
the point raised by the defense on Tues
day afternoon.
q Judge Bonney said that after careful
consideration of the point raised by the
defense he was prepared to Say that he
would allow the counsel for the defense
to cross examine the witness Prichard
on the points at issue, viz, whether OF
not improper duress or inducement were
used in obtaining from the respondent
his confession. The court would
decide whether or not thu evil
dence should be admitted before the jury
after he had heard the testimony OF the
witness Prichard on the points under dis
oussion.
Attorney Heckbert requested that the
jury be withdrawn from the room. Thi
having been done Mr.. Prichard, who ha6
been Brady's assistant in the trapping O
Waite, was called to the stand again an(
Mr.. Heckbert began the cross examina
ton of him: The defense now had al
opportunity to establish the points which
it claimed in regard to Waito's alleged
confession. viz, that it was made
AFTER the offer of rewards had
been made and under circumstances
which made the evidence of Detective
Prichard unsuitable to be presented to
the jury.
In answer to questions Priohasd testi.