The Portland daily press., 1898-01-14


weapons and had nosknife OF revolver.
made badge myself and wore it nights
when l was on guard"
Where did you go after you left San
fordf'' asked the attorney for the defense.
"See here Mr.. Lyons" said Rounds.
HI'll answer all of your questions the
best can but can't answer all of them
| You must excuse me-
! EMr. Lyons continued along this line
until the county attorney asked the co urt
what was the object of all thege questions
81 can't tell you Mr.. Attorney replied
the court ~ don't know what the purpose
of them is
81 think the defense has gone about
! far enough in this line" said the county
attorny.
Judge Bonney evidently thought so too
for he asked Mr.. Lyons to get down to
the case in hand and continue his GROSS
examination of the direct testimony of
the witness if he could possibly do so.
Mr.. Lyons asked Rounds how he knew
Day was waiting for him outside the
house the night the grave was robbed.
Rounds said that Day sawhistled to him
and he went out.
"How did you know it was Days whis-
| tle?' asked Mr.. Lyons.
II had heard it before.
"When had you heard it before?"
'When Day was at work and when he
took me out to ride or walk with him."
Mr.. Lyons pressed Rounds very sharply
to tell him when he had heard Day whis-
tie for him before this night the grave
was robbed Finally Rounds said:
See here, Mr.. Lyons, will answer any
civil questions but I can't answer all
these foolish questions"
"But this is civil question, said Mr..
Lyons. "When had you ever been out
to ride with Mr. Day?"
"I'm poor weak boy and can't an
swer all your questions. 1 will try to but
am sick and weak and you must excuse
me-
"When had Day ever called you out Of
your house to go to ride with him By
whistling for your continued Mr.. Lyons
~ say am willing to answer any civil
questions but I CAM answer that one, -
replied Rounds.
edo you know where you went. when
you went to ride with him?''
emo DON'T
"You don't know where you wents''
q II went out with him a poor innocent
boy" replied Rounds. IL didn't suppose
he would lead me off like rebel to do a
thing like that"
elbow did you know it was Day who
whistled to you that night the grave was
robbed?"
II knew pretty near that rebel was
coming to lead me into wrong
"Won't you tell me how you knew it
was Day that whistled to you that
night?' w
"He almost led me to state prison, |
am a poor innocent boy and I wouldn't
have done it if it hadn't been for him, y
replied Rounds, with tears in his eyes
while his face twitched and he waved his
arms about in an excited sort OF man
ner.
"How did you know it.was Day?" asked
Mr.. Lyons.
ssI'm no rebel, said Rounds. ,sI'm a
poor weak sickly boy
chad you ever heard him whistle be-
fore for you?'
"Yes,'' replied Rounds. t'He had been
out to take me to ride. -
'"Where had you gone to ride with
himY"
llThat man there would take me to the
devil if I would let him." returned
Rounds as he pointed to Day.
"When was it Day ever took you to
rider persisted MIR. Lyons.
sit would be good thing if God
should take me out OF the world. A man
who would take poor weak. siokly boy
like me and make him do wrong ought
to be punished. / am an innocent boy
and 1 didn't do no wrong.
when was it Day took you out to ride
with himP'' asked Mr.. Lyons again.
II couldn't say. don't know where
we Went. / don't know what time he
called for me that night either I know
that mother and my brother were both in
the house but don't know whether they
had gone to bed or not. cannot tell
what time it was when he came for me. J"
s'Had you gone to bedf' asked Mr..
Lyons.
Rounds. I will let the law do it's work
now. 1t can punish the innocent one and
let the guilty one so just as II likes
will have nothing more to do With it. I'll
put my hand up TO Goo and swear that
I'm innocent and that Day is the guilty
one. I'm all broken up and l believe
this will lead me to my grave
"Answer Mr.. Lyons's uestions," said
the county attorney.
I'm willing to answer any questions
I can answer. I'm not going on any
great randoms like the minister. I'm
telling nothing but Gods truth
Mr.. Lyons here went back to the time
Rounds said he went to ride with Day
and asked him who rode with him. The
court objected to this form Of inquiry and
Mr.. Lyons continued in little different
line.
''Had you made-.any arrangements with
Day before Monday night to meet himP''
asked Mr.. Lyons.
Rounds did not apparently understand
the question and Mr.. Lyons said, 'tI
shouldn't have used that word arrange
ment, perhaps you don t understand what
it means. Had you amy talk with Day |
about seeing him Monoay night" After |
a long time in which the witness stated |
that he was willing to answer any ques-
lions if they were put to him right. |
Rounds said: