The herald., 1898-01-29

| -uTONe US III.
"And you went that night about II
o'clock to the Hollenbeck to see Mr..
Griffith. did you?"
Yes, sir; he came out, and I asked him
to step into the cab, as l wanted to see
him on a matter of business He step
ped in and struck match and surveyed
me. I told him then why 1 had come;
that Bird was at my house, and was
drinking, and that as l was running "A
house. might get into trouble. He then
said yes, that he didn't wonder that
Bird wouldn't face him, considering his
athletic powers. and that he was salts
fled that Bird had forged a check for
5000 that day"
HAS Mr.. Griffith ever given you any
money, Miss Montez?" insinuatingly
asked Mr.. Pendeton, striking out on a
new line.
II don't see why you should ask that"
responded the witness. hesitatingly.
Counsel persisted, and Miss Montez in
quired of the court whether she was OBJ
liged to answer. Meeting with no relief,
then the witness answered boldly:
Yes, he gave me $40"
"How did it come about?'
Il wrote to him asking for SO, and he
sent it to me-
What time was it?'
81 don't remember the date
"How was it with regard to the first
| trial?"
1T was after that, while I was living
at the Colonial flats"
"How was it sent to you?"
"The messenger boy brought back an
| unaddressed envelope, and inside l
found $40 greenback.
WAS that the only note that passed
between you and Mr.. Griffith?"
mo. sir
"When did you send the next?"
"I wrote, asking for $3.50. but didn't
get it,"
How did it come that you sent to him? =?
Was there any understanding between
you?"
well. I thought could get it-that's
all l can say"
You thought, didn't you. that you
could pull his leg. isn't that it?'
A howl went up, and the court inter-
posed while witness said:
He seemed to be very anxious to con-
vict MIR. Bird, and 1 thought-well, l
thought could geti
Have you talked with any of the
prosecution since the last trial?'
with Mr.. McComas."
Don't you know this gentleman" in
quired counsel indicating Mr.. Oliver.
Yes. sir, Mr.. Oliver used to be my at
torney. | sent him once to Mr.. GTif-
fifth. to tell him that l wished to see him.
When he returned he said that he could
not talk to Mr. Griffith: that the latter
talked ramblingly about Bird and him
SELF and he could do nothing with him. -
What else did you talk about with
Mr.. McComas or Mr.. Ollver?"
'Mr. oliver was my attorney. and 1
don't see why l should tell anything"
Was there any agreement between
yourself and Mr.. Oliver that he should
get in this case and divide the money
he made with you?"
The question was barred out, the try
ing OF attorneys being a side issue and
too big a contract for the court to un-
dertake.
Mr.. Wheedon, proprietor of the Can
ary cottage, testified to Birds having
stated on the day he and Carmen Mon
tez We're at his place that he was going
to shoot himself. Witness demonstrated
and said he didn't want any shooting.
and thereupon Bird put up the revolver
that he had drawn. Witness stated
that he didn't think Bird was intoXi-
Gated but he didn't think, judging from
his hesitating manner, that the de-
fendant was at that time in his normal
condition.
Mr.. Griffith. recalled by the prosecu-
ton, was examined on one or two points,
and then Mr.. Oliver. associate counsel
| for the prosecution. asked of the court.
as a matter of personal privilege, that
Mr.. Griffith be allowed to explain before
he left the stand how it came about that
he employed him to represent him. In
view Of the insinuations against his
character which had been made during
the examination of Miss Montez. he
asked that his request be granted as a
matter of justice to him as a member
Of the bar and an officer of the court
| Mr.. Pendleton protested against Mr..
Griffith's being permitted to enter into
any lengthy explanation. Counsel said
that if anything had been said or done
rejecting upon the integrity of Mr.. Oil
Yer that placed him in false light he
himself would tell the jury just how Tho
matter stood 1--WE have unfolded certain
"
would investigate with him and see If
we had been imposed upon, and if we
found we had we ourselves would ex-
plain the matter to the jury"
This was satisfactory so far, but the
court allowed Mr.. Griffith to state that
he had engaged Mr.. Oliver shortly after
the first trial. and that Mr.. Oliver had
not solicited him in any way. That set
tied that matter.
Then Mr.. Pendeton tried to extort the
admission from Mr. Griffith that he had
claimed about town that the First Ma
tional bank was backing Bird in his
trial. The witness conceded that Con-
rad Scherer, one of Birds sureties, had
told him that he was secured on the
bond; that the money was in the bank,
and if Bird escaped he wouldn't lose a
cent
The further hearing will be continued
today.
THE WI