The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1898-09-11

that the court will, not hesitate to discharge
Mrs. Yarpell at the hearing In the police
court.
Middleton made no ante-mortem statement
as to the shooting which caused his death,
owing to the county attorney not reaching the
hospital until after his death. On the way
to the hospital, however, he tod Patrolman
kroeger. the conductor of the patrol wagon,
tered his store. One Of the men, he in
formed the officer, was tall and the other
the third one of which took effect. At the
hospital he was questioned by Drs. Quaine
and Lando to how the shooting occurred
and told practically the same story.
The doctors and the urses say that Mid
dleton was in great pain and suffered in
tensely from his wound. On account of the
police officials having stated that Middleton
was found on the sidewalk IN front of his
store. the doctors questioned him closely as
to how he was shot In reply to questions
Middleton said he had been shot by two mon
wearing masks, and that he was IN bed when
the shooting occurred. He said he did not
know who they were, or why they shot him.
He was not asked as to whether he had any
money or whether the men took what valu-
&bles he had.
The defense claim that while the dying
statements Of Middleton were not an ante
mOrtem statement as recognized by the law
in that it was not sworn to, the fact that he
had told the doctor at the store that he knew
he fatally shot was sufficient to stamp
his statement as truth.
ments on the first floor at 344 Sherman street.
and her son, George, will testify that Middle
ton left the house after accompanying Mrs.
Yarnel from the union depot Monday night
at Has o'clock. Mrs. Simpson is positive as
to the time, because she looked at her clock,
which showed twenty minutes to midnight.
while Middleton informed Mrs. Yarnell it was
FIVE minutes later Mrs. Simpson will also
testify that she heard Mrs. Yarnell enter her
room and lock the door and also that she
heard no conversation or dispute between
Middleton and a woman, as stated by Mrs.
Wright.
Grant D. spicer, with his wife and daughter,
who sleep in the rear room on the first
floor of the building directly under Mrs.
Wright's room, will testify that they were
awake and in their room between II and
O'Clock and heard no such conversation as
related by Mrs. Wright. Both Mr.. Spicer
and his wife will testify that the window OF
their room was open both at the top and
bottom and that it would have been impossi-
bic for any conversation to have been carried
on without their hearing 1t. The defense
also claim that they will be able to show
motive for the story told by Mrs Wright
Mrs. Wright Is put on the stand. This testl-
mony and some additional which the attor-
neys for the defense decline to give out, re-
wives the theory that burglars while getting
Middletons money were discovered by him,
and fired the shots, one of which caused his
death. The marks on the rear windows OF
both Middletons store and that Of VOLTS
tailor shop in the adjoining building are
pointed out as backing up the statement or
Middleton that be was Shot by TWO men VINO
entered his store.
MIDDLETON'S WATCH STOLEN.
The fact that an 0pen-faced silver watch
was taken in addition to what money he had
is also used as an argument to prove that
the shooting was done by burglars who were
discovered either before or after they had
secured the valuables. The watch was de-
tached from the chain with force, as is evil
denced by one of the links being found on
the floor of the bedroom by the police the
day following the shooting, the remainder
Of the chain being attached to Middleton S
trousers. There is still some contention about
the window in the rear Of the store, which
was found open about ten inches almost i'm
medately after the shooting. E. H. Bragg,
who conducts a laundry at 207 West Sew
window had been parity open Tor some Tune
and that he had frequently noticed 1t.
E. S. White, one Of the travelling agents
for Middleton, and who slept IN the store
window was always kept closed.
Mark Yarnell also states that the window
point in particular, owing to the room hav-
ing such a musty smell. Young Yarneil says
that whenever Middleton was away from
Middleton probaby had abou $50 in his
possession Monday night, and he certainly
had SO or "a In silver, for Mrs. Yarnell, at
several dollar pieces when he paid the car
fare On their return from the union depot.
Neither this money nor the watch was found
when the police took charge Of the store i'm
mediately after the shooting. Frank Mid
dleton, brother Of the murdered man, who
came on from Milwaukee, ascertaned that
Middleton had received between Sept. l and
inclusive 1874 in-cash from the Great North
ern and Northern Pacific Express companies.
OF this amount he had paid out only 500 and
whatever his living expenses were between
Thursday and Monday night Had the
shooting been done other than by burglars
it is contended that neither the money nor
the watch would have been taken. The fact
that silver watch was taken is pointed
to as conclusive evidence that burglars, and
either amateur or tramp thieves at that were
concerned in the affair.
The points against the burglar theory that
confront the police are that the rear door Of the
store was locked and that the key was
neither on Middletons key ring in the door
nor was It found in his pockets. Those who
were on the scene Immediately after the
shooting state no one departed from the front
door and that the person or persons who did
the shooting must have gone out the rear
way. The window, which was open in the
rear OF the store. only up ten inches,
and those who examined the sill and sur
roundings state most positively that no one
either entered or left the room by the win
dow. These being the facts. the police say
that no burglars would ever take the trouble