The herald., 1897-06-16

and then he sought to involve witness II
contradictions of her testimony as givel
at the preliminary examination. Wit
ness conceded that she had said that sh,
wouldn't come and testify In court un
less she was well paid for 1t, but ther,
| was a qualifica tion-unless she was sub
poenaed. In such latter case witness
stated to Dora and her mother that sh,
would just come into court and tell tn,
| truth.
The witness has not perfect mastery
Of the English language, but none tn,
| less she refused to be nonplussed by
cross examining counsel. Mr.. william.
was anxious to know what witness wa:
| doing all the afternoon when Mrs. Ber-
rard was with her, and Eugene Abbott
| and Dora were in possession of the from,
room. She said she was doing hei
housework
What does that mean?" queried
counsel, getting dinner ready?"
"Oh, yes, and brushing and sweeping
and cleaning up"
WAS that all, anything else?"
Eyes, was chasing the flies out"
Chasing flies; why, do you burn
lamps?"
mo, sir. don't need any lamps to
chase flies" answered witness, with a
tone of triumph in her voice as she spoke
of her powers as a f1y-catcher.
"Well, there are no flies on you that
want brushing off," said Mr. Williams,
and for the moment hostilities ceased.
LEGAL TESTIMONY
Deputy District Attorney w. P. James
was called to testify having drawn VI
the complaint upon which the defend
ant was arrested and charged with rape
Witness stated that at the time the dis
trict attorney and Mr.. and Mrs. Green
and Dora Green were all present. He
wrote "a the complaint the 18th" of Jan
uary as the date of the alleged offense
but had not absolute recollection who
gave him that fact. Witness explainel
that when complainants do not recollect
the exact date of an offense an approx
innate date, with the words ION or
about" are inserted. Inasmuch as the
prosecutrix and her family have been
in no uncertainty as to January 5th hav-
ing been the date when the alleged Of
fense took place, there was something
unusual in mistake having been made
and the wrong date inserted, particular
ly as on cross-examination Mr.. James
stated that it had been his practice n
issuing complaints when date was
given him, to insert it as positive date
without the words con or about" as an
extension of time to embrace other days.
A POSITIVE ALIBI
A. j. Hall, a painter and paper-hang-
er, testified that on January 5th he re-
sided at Tenth and Alameda streets.
On the evening of that day he saw NAL
kim at his house about quarter before
Z o'clock.
ION the 4th went to his place little
after to see him about couple of dol
lars he owed me as balance for some
work I had done. didn't see him, and
left note for him, and next day I went
down about $50, but he wasn't home
There was note on the door saying he
would be back, and he got there about
6:45. There was wheel standing in
front of the door. When Maxim ar
rived he asked me inside and we had q
glass of brandy and he then paid me the
81 and 1 gave him receipt"
The receipt, made out on a regular
printed form, was put in evidence, and
door saying he would be back. The for
mer document bore date of the 5th, but
the latter did not.
About quarter past or so," re-
sumed the witness Maxim and walk
ed up town to the Plaza, and Maxim
eaid it was half past and he must be
goilg''
Mr.. Williams thought there was some
thing funny in the witness waiting
around two hours for few dollars.
you strayed around for two hours,
them" facetiously inquired counsel.
Il didn't stray around" answered the
witness.
We'll, then, you wallowed around?"
mo, and I didn't wallow around.
either"
well, you walked around, them"
Il just waited for Mr.. Malkm"
Witness proceeded to state that on
the 4th when he failed to see defendant
he left note telling him that he would
call around next day, and esumably
for that reason Maxim left the note for
him telling him he'd be back. Under
pressure of croes-examination the wit
ness rehearsed in detail the several facts
in connection with his receiving his
money and signing the receipt. By put :
ting a series of questions, based on pure
assumption, witness was made to de-
scribe how Maxim brought out the pen
and ink, and then counsel held out thu
receipt the body of which had been
made out by Maxim on one of his own
blanks, and which was written with a
pencil.
How did you manage to read the nota
left for you in the dark?" inquired Mr.
Williams.
'I lit a match
did you see Mr.. Burns or Mr.. Selma
bel going into their house?''
"Yes, sir"
did they speak to you?"
mo. sir
Did you see a light burning in their
house?"
Il don't remember"
well, what's your best recollection p
Il think there was, but couldn't saw