Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1898-12-29

ends. sliretls and patches OF testimony.
1 Thn eSpHrts oh handwriting now hold
4 the psnter of the stage. applying thnir
more or less exact SCIENCE TO The It,
tempt to connect Mrs. Rotkjn with the
writing OF tho discrimination dpcu-
ndptss This. sort nf testimony Is too
tedious for those whose appetites for
sensation have boHn peppered by the
events of the major Testimony. So,
though e the courtroom remained
crowded and the mir mushy yesterday,
the thrung no longer gave the poliee
\ trouble In the halls.
Mrs. Bntkin had plenty OF time 10
read PHI The newspapers and to chat
with theseveral generations OF Seventh
Day Adyentista who made MI her party
Of support She appeared with srrig
Of holly fastened over her Astounding
chest. expansion the symbol of the Joy
Gus time ct pence on earth and good
VIII to mon, She was chatty enough,
and easy enough during thu dragging
hoilrs. Even the appearance Of Dun
ming on tho witness stand did not dis
hirb her greatly She was easily her
sell o. soon MS hor Dyes lind poldiy fol-
lowed him back to the custody OF the
when Mrs. seeley. once the com
! papipn Of Mrs. Betkin'e frelies,
| still the adnirer OF her stopsnn. but
| now her enemy, WINS called to the testi-
| mony grill, pale tiashes lit UP the pris.
onsf's eyes and she exhibited q trapa of
| that hatred which poisons the conflicts
~ woniap. But there was no more of
| the nervous fidgeting exhibited during
the days Of more important revelations.
II Mrs Botkin has a quick recovery,
| the same cannot be said OF her sister
npd har brother in-law, Mr.. and Mrs.
McClurenf Healdsburg. They seam 10
have settled into continuous nielap-
chply, They regard the prisoner with
| saddened eyes as the testimony, mere
| and more CLOSELY epnnhctins har with
the heartless murder, comes pillng In.
Evidently, the completeness of the pres
ecution's circumstantial case weighs
heavily on their spirits.
/ Yesterday morning Dunning was
called to the stand before the court
had fairly settled for the business of
the day. He. came with q joylAss but
determined front, his demeanor indi
oating that he had iiiade IN his mind
to stand pat'' and take the conse-
9uences. Judge Cook addressed him
| thus
aMr. Dunning, before Adjournment
yesterday yau were committed to prison
for refusing to answer q question asked
you by Mr., Knight Are YOU now
ready 10 answer the questionY''
No,sir," replied Dupning promptly.
~ cannot answer the question, but
may make a stntement?''
MIR. Knight do you still insist on
thu. nrAaffnp 9ts uslraI It,J,,a Gn,ts
rather appealingly and with an inHec-
easy way out Of the disagreeable situ-
alton,
1--WE insist upon an answer to the
question, and don't want any state
mepts, replied knight brusquely,
sneeringly. AZ
Assistant District Attorney Hosmer
put ina feeble sort Of an appeal that
tho Witness be permitted to make his
statement, and Judge Cook consented,
Wall, II you have any reason or ox-
cpse for your refusal to answer, we
will hear IT,"
Duhning at once said:
2"If ! had any suspicion at all thpt
any OF the women whom ! have In
mind were responsible in any way for
tho death ut my wife,I would tell their
names, But being sure that they have
had nothing whnteper 10 do In this
matter, ] must decline to answer the
question. - ~
rr'I am afraid that Is not legitimate
excuse Tor refusing to. answer tho ques-
tien, replied the Judge.
Then Hosmer came to tho front with
an effort 10 save Dunning, but hs had
no. authorities TO quote, and ID was
evident that u the witness persisted In
refusing 10 shift and epndp the inquiry,
he must 20 bnek to Jail. Haslner said (:
II your honor please, / submit that
this ID carrying the CROSS examination
TOO far. and that it Is growing into
something that has nothing 10 do with
the case, and that WINS not brought out
on the direct examination OF this wit.
ness. And 1t is growing into some
thing that would tend simply to de-
grade the witness. 1t Is growing into
sonething that Ii intended to make n
defence out of the REORGANIZATION,
Of using the cross examination for the
purpose Of establishing q defence.
Now. take 1T as 1 understand it, Mr.,
| punning,s testimony as given here was
| for the purpose Of establishing o
motive. The Testimony did 60 to that
| extent. Now. no says, that he had an
! intimacy with others. How do the
| names of these others have any bearing
| 10 this casef The argument when the
oase Ia submitted to the jury could be
made without the names as well as
with them. y
Kniqhtat once cafno back vehemently
and in his best cunyention voice. Ho
was right at home in this sort of scrsp-
f'a1t is sn innovation Of the rules
that the prosecution can attack the
rhsr8cter Of the defendant. Can these
| men charge her with open adultery, 1,
felony, In order to establish u motive
| for this scrimea Nov, II the open
lssciviaus living that he has confessed
| ID, be y fact, why can't we show ita
The witness iH permitted to blacken
| the character of thu defendant, and the
\ only reason that this Testimony is adj
| mitted is to show a motive for the
crime. Because they draw that concu-
4 sion, BECAUSE 10 is admitted with Mrs.
Botkin, why can't We draw some CON
clusion as 10 other women? We insist
upon the question. -
4 7"Undpr tho circumstances, | think
the witness should answer the ques-
tion,'' said Judge Cook. 4" IL he can
remember the names he must give
4 them. OF course, if the answer would
be on collateral matter that would tend
to degrade him, he would BIO excused
from answering. But as 1t Is part of
| the examination tho question viii have
4 to be answered. /"
| Would the question that sou dc.
cline 10 answer tend TO degrade your