The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1898-12-23

OF the cigar store, not more t1aa I've or
SIX feat distant
NayIor Cross-Exsmined.
II cross-exanining tss witness. Attorney
Leore dwelt On the fact that Nelson had
struck Conneitz seysral times on the sTEn
as he bent over Cernels4 JUST before the
shooting Young Naylor was not shaken
in any important pare Of his testimony.
lore attempted 20 make a point OF the
fact that tee BOY was not summoned as
witness tgy MS father, Prosecuting AtSsr-
my MAYOR. a. the corC1er's inquest and
preliminary hearing but questions on this
paint were not allowed BY Judge Reid.
Why NayIor Was Not Called Before.
Mr. Saylo. subsequently, stated ont Of
court that ilss reason vas t2at Re dld nat
wish t. call his s0n 70 the stand because
% the very fact that he was prosecuting
attorney. and K might Ire said by some
tnat hts son was a prejudiced witness His
reason for calling him 10 the stand at this
time. he said, was because ne had become
convinced b. MS associate counsel that IN
less {. were done he would be accused Of
fearing what testimony his son had 10 Of
fer. and a point would he made OF the
fact IN favor OF the defense.
FIeming's story.
When Fleming was called TO the stand
Connella displayed an interest almost pain
been from the beginning of the taking Of
evIdepee. within a foot or two Of the wit
ness stand, he leaned forward with his ear
trumpet almost in the face Of the witness.
The latter, being evidently man unused
70 or3eais Of this character. made several
statements directly 10 Connelsa, saying,
You did so-ana-so, or You" said so
and-so Fleming was admonished by
Judge Reid that he must address his re-
marks 10 the jury. and not TO Conneia.
and that the accused was allowed TO occa-
pv such a position because he was hard
Of hearing, end it enabled him 10 under
stand testimony with less effort.
Fleming said he was a paper maker at
Everett He mad known Nelson for some
time and had seen Connela. He was talk
ing with Nelson on the night Of October
~. waen Connella came down the street.
Conneila had stopped by Nelson's side, and
touching him on the shoulder. had said:
What have you been s!andeTlng HE
for?''
Nelson had replied: II have not been
slandering you. bat you have been sian
dering NE"
Connella had thereupon exclaimed: "You
lie. YOU Norwegian ---- -" ana had
struck Nelson on the left side of the face.
Fleming had then stepped in and pushed
C0nnella away from Nelson up Hewitt
avenue In response to several demands
from Connella to Take your hands Oft
me- tie had removed one hand and when
Conneila had asked him if he wanted any
thing of this" al the same time making
what the witness considered a threatening
motion with his right hand toward his
hip pocket he had allowed Connella to stop
his backward progress and force his way
once again in the direction Of Nelson.
The prisoner followed this statement
eagerly, and his hand trembied slightly as
il pressed the trumpet 10 his ear.
The witness. continuing, described the
second meeting between ConneIla and Nell
son, substantiating what had been already
said as 20 Connella's second meeting with
Nelson: that the former had said while
moving toward Nelson: Don't hit me-
with that cane" and had then struck Mel
son a second time. Asked as To Nelson's
position when the shot was fired he
said Nelson was being dragged away by
Grant, who had hold of Nelson's two arms
and that he was not struggling to return
TO Conuella He had been drawn some five
or ak feet. he said. when connella rose on
his left elbow and drew a revolver with
his right and fired.
On cross-examination DE admitted that
he did not have TO use very much force in
pushing ConnelIa away at the first attack
and that he did not know when Conuella
asked him whether he wanted some OF
this" bat what il might have been trouble
he referred to as well as IA pistol. He de-
ciared that Nelson caught Connella by the
shoulders and threw him down and that no
chair entered into the matter.
The evidence Of the other witnesses men,
toned was corroboratve. Introducing no
new features.
The skates attorneys We're entirely salts
fled 30 rest on these and said they thought
il an excellent prima facie case.
GnD Z I'm DAD GOMDANN