The herald., 1898-10-27
THE STATE RESTS
DEFENSE IN CLARK MURDER
TRIAL UNDER WAY
CUTS IN THE MATING
COUNSEL DIFFER AS TO TIME
WHEN THEY WERE MADE
WHERE CLARK GOT HIS CAP
Conflicting Stories Told by Defendant
to Account for His Strange
Appearance

Evidence for the prosecution in the Clar
murder trial had all been introduced a
about o'clock yesterday afternoon, and Tn
defense was commenced.
Joe Hunter was on the witness stand TO
long time, but clung closely to the state
ments made on his examination III chiei
persistently declaring that he got nom
drunk on that fatcful Tuesday night, an'
that he went to bed. He was sure OF tn
hour and knew it was not earlier than
D. M, for he had stopped at Al. Barrel
saloon on the way home and some on
there had asked the time. The cuts IN TN
carpet, he thought, must have been MAD
with a razor, they were so clean, ana NJ
found the razor of Young Clark dull, TN
edge turned over, and at first thought tn
officers had used it to cut the carpet, bu
aiterward became convinced they did not
The defense scored a point on the testl
mony OF Deputy Sheriff Brighton, who fell
certain that the cuts in the carpet haC
not been made till some time alter the de
fendant had left the house, ascaping iron
the officers. Being brought out on cross
examination of one of the states own wit
nesses, this testimony was rendered more
valuable 1t is understood, however, thai
Brighton is one of the witnesses on whose
testimony much reliance was placed by Tho
defense, and his appearance for the state
gave a favorable opportunity for drawing
out evidence which it was expected to Sc
cure on direct examination as a witness FOL
Clark.
Conflicting stories told by defendant after
he escaped from the officers were related by
witnesses for the state. These were due tc
his efforts to explain his appearance, his hat
being gone and his trousers torn in several
places.
Two of the sheritfs deputies testified to
the fact that they saw no evidences of a
body's having been dragged under the house
till Friday, though they had searched the
premises on preceding days. 1t is appar-
emily the intention OF the defense to show
that the body of the Chinaman was dragged
in long after Clark had fled to the noun
tains.
The defendants father, who has returned
from Alaska to assist in the defense of his
son, told OF measurements he had made at
the Hunter premises tending to refute tes-
timony for the state, and explained the
contour OF the land. The object of this
was to show that persons stationed where
witnesses had claimed they were could not
observe occurrences at other points
JOE HUNTER RECALLED
Joe Hunter was recalled, when court re-
opened yesterday, and testified to having
observed the grease spot on the kitchen
floor, and said Clark explained to Martin
Agulrre that the spot was caused by filling
the lamp. Hunter said he looked at the
lamps and found only a small amount of oil
IN the bottom OF each, perhaps an inch in
depth.
On cross-examination, the witness ac.
knowledged that he was very drunk Tues
day night. He denied having any remem-
brance of going to his brothers. house that
night, after the young ladies had been there
to supper, but said he had been told that
he had been there. He remembered that
Clark. told him that the clean clothes had
been brought, but did not recall asking him
about it, That circumstance was the only
one occurring after he got to the house and
before he went to bed that he could now
remember
The testimony given by witness at the
preliminary examination, in which he said
he had asked Clark if the clothes came. was
read by Mr.. Shinn, and Hunter said he
guessed he had SO testified. and if so. ii
was correct, but now his recollection was
not so vivid
An attempt was made to make the wit
mes admit that Clark was not at the house
when he returned, but he distinctly remen-
bered that the defendant was there at that
time. He could not recall having asked him
to 60 with him to Al. Barrels saloon. get
ting bottle of whisky there, and going
from from there to his brother Georges house.
N'S 'hHiss idu Dteil tOlu TO MIN alter
ward, and he presumed that they occurred.
lie Indignantly denied having been sham
mng, when he came home apparently intoy-
lcated, and sad he was actually very much
under the influence of liquor.
The CHlNAMAN NOT THERE
Hunter denied that the Chinaman was at
the house when he got hone denied seeing
the Chinaman at all; said the wagon was not
there then, and said his cousin John and
his uncle had told him of the finding of the
wagon and the mysterious disappearance of
the Chnaman. he went and saw the wagon
and telephoned to the sheriff. office that
there was something wrong out there and
tor some one to come out and investigate
the matter. He had especially asked that
Martin Agulrre be sent out, as he knew him
personally.
when the officers came out told them
thought Clark might be able to tell them
something about the Chinaman," said Hun
ter. Il did not say he might know about
the murder. did not know there had been
q murder. My deputy, Cleghorn, was not
there when the officers came out, but was
there about p. m. the same day | did not
notice the grease spot on the floor until
Martin Aguirre called my attention to it.
''When | got home Tuesday night Clark
was sitting at the dining room table He
got up and came to meet me. | do not re-
member meeting Clark outside the house
before | went in. 1t was about o'clock
when / got home. ! remember the hour, for
when | was at Al. Barrels saloon some one
asked what time it was"
Mr.. Shinn next directed the attention of
Hunter to the piece of mating introduced
in evidence as coming from Harry Clark s
room. He identified it as coming from
Clark's room and declared positively that
he did not know who cut the large hole:
that he did not pull the bed out from the
wall when the officers were there Tues
day morning and said the examination of
the room that day was not very thorough.
Witness said he had accused the officers
with having cut the carpet, and then be
iieved they had done so, but that the Off
GERS had denied cutting it.
BY questions of Mir. Shiun. it became ap-
parent the theory OF the defense is that Joe
Hunter cut the piece out of the mating
Wednesday, after the officers left him at
Al. Barrels saloon. The witness said he
went back to the house. but did not go
into Clark room, lool, under tlc bed or
hunt for evidences OF the possible murder
about the house at all lie had. however.
looked up the gulch and over the hills for
some trace of the missing Chinaman.
HUNTING FOR THE BODY
The witness testified to going with Martin
Aguirre Wednesday night and Thursday
to hunt for the missing Chnaman in the
willows. He said they stayed part of
night at the house and slept for