The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1898-01-15

will be concluded on Monday and ar
guments made. The defendant will tes-
tify in his own behalf Monday after
noon.
When the court convened yesterday
afternoon the defense continued the ex-
animation of Sergeant Olaf Sundwall.
He was asked by Mr.. Mcdonald upon
direct examination what the demeanor
of Capt. Hannay was when talking
with Private Eckhardt. Here the judge
advocate interposed an objection on
the grounds that it was irrelevant to
the specifications in the case. He was
willing to withdraw his objection, if the
question was put to show that Hannay
had prejudice against the defendant,
but, if it was to show that Capt. Han
nay was irritated over the conduct of
Eckhardt, he would object. Mr.. Nc
Donald replied that his object in put
! ting the question was to see If Capt.
Hannay had any personal feeling
against Eckhardt. He called the at
tention of the court to the fact that
Capt. Hannay in his testimony of the
| first days session had said he had no
feeling against the defendant. The
| court then ordered the court cleared
Upon opening, the court announced
that the objection Of the judge advo-
cate was not sustained, but that Mr..
Mcdonald would contine himself to
finding out whether there was any per-
sonal feeling on the part of Capt. Han
nay as shown in his actions toward
Eckhardt
Mr.. Mcdonald Ito witness)-Describe
Capt. Hannay's conduct, and whether
he exhibited any feeling towards the
accused.
Witness-He did not seem to show
any
Witness was then questioned as to
Eckhardts actions on the morning Of
Dec. q, and if he was present at roll
call when the company first fell in.
Witness replied that Eckhardt was
present when the company first
fell in, but was getting his
gun when the company fell
in for the second time Wit
ness did not hear Capt. Hannay &C
cuse defendant of drinking. Witness
testified that Eckhardt did not execute
the drill very well. as he had been
company cook for a while which eX-
cused him from drill. Witness then
testified that he saw Lippert go into
the office of Col. Page when the
charges against Eckhardt were being
investigated. Sergt. Sundwan also tes-.
titled that Eckhardts conduct had al
ways been good, and that he had never
misbehaved before.
Pat Doyle, private in Company A
was next called. Mr.. Mcdonald asked
him if he was with Eckhardt the day
he went to the Green house on Seventh
street. Here the judge advocate inter
posed an objection to the question. He
said the question again arose, as to
whether the court would go outside the
incidents to the administration of the
affairs of Company A. The defense of
Eckhardt was forgetting that Private
Eckhardt was on trial and not Capt
Hannay. A drawn out discussion fol-
lowed upon the admission of evidence
relating to Eckhardt's trip to the Green
house, and his being seen by Capt
Hannay on the car.
Mr.. Mcdonald then stated that he
had no intention of prosecuting Capt
Hannay, but was simply trying to get
at the truth. He said
There may come time and place
when such accusation against Capt
Hannay will be made, but this court
is no place for such action
The judge advocate held that the
question was immaterial and irrelevant
to the issue. President Hale then order
ed the court cleared and upon reopening
1t was again announced that the OBJ
lection of the judge advocate had been
overruled. Mr.. Mcdonald then cues
toned the witness closely as to his trip
to the Green house on Seventh street
Witness testimony was much the
same as Capt. Hannays relating to
defendant being accused of being down
town and his denial of the charge.
Mr.. Mcdonald asked witness if at
any time he had talked with Private
Lippert of the charges against Eek
hardt. He replied that he had several
times, once in the barber shop and
once in the orderly room since the trial
had begun. Witness was then asked if
he had had any conversation with
Capt. Hannay since the trial had be-
gun. He replied that Capt. Hannay
had spoken to him Thursday morning.
When asked how 1t came about, wit
ness said he was sent for and found
Capt. Hannay in the orderly room
He said to witness: 81 see that you
are the star witness for the defense. -
Witness was questioned further as to
what Hannay said to him and he ans
wered that Hannay asked him if he
told Lippert that he was looking at
Eckhardt ten or fifteen times during
the drill. He replied that he had not.
Private Reginald Hare, of A COM
pany, next testified that he had had a.
talk with Lippert about the trial in
No. squad room. He could not re-
member anything that passed between
them. He was present at drill on the
morning of Dec. q, and did
not see Capt. Hannay staring
at the defendant He did not
think Eckhardt was intoXicat-
ed. Little was learned from Hare's
testimony except that he had a con-
versation with Lippert about the trial.
The last witness called by the de-
tense was Private Andrew Anderson.
of A company. Upon direct examina-
ton by Attorney Mcdonald, he testi-
fled that Eckhardt was about minute
late in falling in the second time. He
also testified that on the morning OF
the trouble they were going through
their usual exercise but in a different
manner. He had seen Capt. Hannay
looking at defendant because defen-
dent had called his attention to it.
Eckhardts conduct had always been
good, and he never knew him to take
more than two glasses of beer.
The defendants counsel asked for a
continuance until Monday, which was
granted. The court then adjourned to
meet Monday at 1 p. m.