The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1898-01-11

his cheek nonchalantly on his hand, stretched
his legs out to their limit.
In response to Mr.. Erwin on the direct ex-
animation, who inquired whether Mr.. Kane
wore glasses on the night Of the arrest, Nc
Ellistrom said that he did not
Mr.. Erwin-Does he look different when he
has no glasses than he does now with glasses
on?
Mr.. McEllistrom-In my estimation, he
looked different that night with no glasses
on than what he does now. At the position
he stood in that night and his general looks
and appearances at that time and at that min
ute, 1 took Mr.. Kane for what
to strike out the answer of the officer as
not responsive, being calculated to be some
ficer.
The Court-strike out the answer. and
sustain the objection to the question, if it
IS made, because the question is intended to
MI Erw1n-No, your honor, have an
honest reason about it I don't want this
answer at all. The witness misundestands
me- and I don't want the witness opinion
as to the character Of the persons at all, but
l want his testimony as to the difference in
the appearance. If there is physical diff
ference in the appearance, that is what
want to bring out. 1t Is apparent to the
court.
The Court-Let Mr.. Kane take off his
Mr.. Erwin-That is not on the record,
though.
The Court don't care to have this off,
especially in view Of his evident intention to
give it in the manner he indicated.
Mr. Erwin-Perhaps your honor will allow
me leading question to indicate whether
there is difference in the appearance Of his
eyes, with his glasses off, and with his
glasses ON.
Mr.. Butler-I now move the court to direct
this officer, in view of these remarks and
his evident intention to be guilty of all the
to instruct him that, unless he be authorized
directly to give an opinion, that he do not at
tempt 1t. l am too familiar with the tactics
Of this gentleman to take any chances If
can stop it.
The Court-Well, the officers attitude in
the witness box is not calculated to inspire
the confidence of the court. If you will sit up
straight. officer, and answer the questions as
they are put to you by counsel, and answer
no other questions, you will get along a great
deal better. and show your respect to the
court and jury and the counsel.
Wftncss-It is not my intention, your hon.
or. to insult this court.
McEllistrom sat up straight and answered
the questions as he had been directed.
In the afternoon ex-Patrolman O'Malley
took the stand. Mr.. O'Malley pulled the box
that summoned the patrol wagon. His tesd-
mony was in the main corroborative of Lieut..
Babe and his witnesses. On cross examna-
ton, O'Malley testified that Lieut.. Babe did
not carry cane on the night in question
so far as he could remember. At the con-
clusion of O'Malley's testimony the defense
rested, and the court took a recess for fifteen
minutes.
upon reconVenlng, Mr.. Butler called Mr..
Kane the plaintiff. his friend, Mr.. Lotus,
and Mrs. Kane in rebuttal In his defense
Lieut.. Babe had testified that he did not
strike Kane. but only tapped him on the jaw,
whereas Kane had struck him. Another Off
Ger, also called by the defense, swore that
Bahe did not strike Kane as alleged, but
that Kane struck the officer twice.
Mr. Kane and Mr.. Lotus both fatty con-
tradlcted this testimony, and Mrs. Kane tes-
titled that when Mr.. Kane arrived home that
night there was big lump under his eye
Counsel occupied the rest of the afternoon
presenting requests to charge the jury. This
forenoon counsel will sum up and the case
will go to the jury after the noon recess.