The age-herald., 1898-02-01

dence that Fred Ashford had been shot by Brown and that he had reloaded his gun and emptied the contents in Ashford's dead body.
 George Cobb was introduced to prove thsIt Ashford had not attended his brothers funeral.
 This was objected to by the state as being illegal, incompetent, immaterial and irrebsvant The objection was sustained.
 The defense here rested its case and witnesses were introduced by the state in rebutal. Mrs. A. T. Henley took the stand She said:
 Evidence in Rebuttal.
 q was in Rocisnsrtihas on December 2s the day that Ashford shot Brown. I was near the wall show case on the north side of the store. John Rosenstihl was stand ing by me. Dr. Henley was sitting on stool nsar the work bench. MT. Rosensitihl was not facing south. but was showing me some slverware. My attention was at tracted by shot and looking up saw a pistol. Brown ran in in stooping posi- tion The two men were I suppose, two or three feet apart. Ashford was in the build ing when the second shct was fired. don't know how far from the door he was at ttie time. Roeensthl turned down the left aisle. He did not run down the south aisle. Dr. Henley dhd not push me out of the door. The last I saw of Brown he was running down the south aisle. I did not see his hands,"
 oss-Examination: "I did not recognize Mr. Ashford, as my acquaintance with him has been very slight. Ashford was about or 8 feet from when he fired the second shot, No one was between us at the time. I could see things distinctly, but don't remember whether or not the lamps were lighted. I left as soon as the shot was fired. No one spoke to me until I got out of the store. I was not excited. I left Dr. Henley in the store. MT. Rosen- stihl did not speak to me after the pistol shot He was nearer the window than myself. I think I moved before he did. I saw him turn as I started for the door. I saw nothing after that. Rosenstihl was nearer the wall showcase than myself. He was showing me some silver spoons and partially facing me. He was facing the north counter and myself. He did not pass in front of me and no one obstructed loud voice: Stop that shooting I heard two shots
 "Two Men Rushed In."
 Mrs. Carpenter. who was employed by Rosenstihl at the time, was the next wit ness She said:
 "I was at the back of the store showing some goods to two ladies when heard an explosion on the sidewalk. Two men rushed in, the foremost in a. stopping position. Tbara was pOthjpo to yiaU One of the front doors was open. Ashford was in the alcove when I first saw him. Brown at the time was just turning the curve at the oval showcase. Mrs. Moore was about half way down the south aisle. Brown wheeled round her and kept rum ming Ashford was near Mrs. Moore when the third shot was fired. I know the posi- tion of the pedestal on that side.'
 MT. Lowe .here objected to MT. Bradley framing his questions so as to suggest an answer, whereupon MT. Bradley made sev- eral attempts to ask his question to suit the attorney for the defense
 MT. Brown leaned over and spoke to MT. Bradley and MT. Lowe suggested that the solicitor confer with his associate in lower tones. MT. Brown replied with some se- verity that he would be ruled by the court in such matters.
 Then ensued wrangling the like of which no eye had seen, no brain conceived, and of which no pencil can adequately write. Finally the witness was allowed to pro- ceed
 .'I think the third shot was fired after Brown wheeled. I went behind the big iron safe to get out of range of the bull let's"
 ross-examination-"I am almost posi- tive that the third shot was fired just as Ashford reached Mrs. Moore Brown was near the urn on the pedestal Mrs. Moore was in front of the urn when Brown passed her. As I turned the men were coming in the store, the smoke coming in with Ashford. I don't know how long it was between the first and second shots. I heard the explosion and turned around and looked toward the door. I stood still until I thought it safe to move and then got behind the safe. After Brown passed the pedestal he came straight on. He did not come to where I was. He didn't do anything but run."
 Re-direct-"After Brown passed the pe- destal he came on down the store, Ash ford following him. Just as Brown passed