The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1900-11-03
WILL rely ON An ILD|'
ATTORNEY LANE STATES THE DE-
FENsE's POSITION IN THE
WISE CASE
MILLER IS BREAKING DOWN
Defendant In the TRIAL Is ON the
Verge OF CoIIapse-aIany Wit
nesses Were Examined
Yesterday.

ANoKA, Mimi, Nov. 2.-The defense
opened in the Wise case this n,or7,i,,o.
Freeman P Lane was brief in his re-
marks. He made a point in stating that
the defense had no theories. He did NOT
conceive it the business of the defense TO
provide a theory. In fact, the defense
was called upon to combat a theory. and
nothing stronger.
Mr.. Lanes statement was Intended to
show beyond peradventure that neither
Hardy nor Miller had anything to do with
the Wise murder, for the excellent reason
that they were miles away from the
scene of the crime when it was com
mitted; that there would remain in the
minds of the jury no doubt concerning
the innocence of his clients when such
testimony as he purposed to offer had
been heard. 1t would be SHOWN on the
Oaths Of reputable people living in Anoka
county that the two boys, now on trial
for murder intended to pay the visit they
had agreed upon with the Wise girls,
but that they arrived home so late that
night as to render such a visit out of
the question.
The appearance of the defendant, Miller,
becomes worse with each day that pass
es. His face is lined, his brow corrugated
with deep lines and his color that of a
corpse. He frequently has to leave the
court room nd promenade outside In
charge of a deputy.
Hardy seems disposed to take matters
more seriously than he did in the open
ing of the case, but he still smiles, and
his face betrays no sign of fear for the
outcome.
EVIDENCE FOR THE DEFENSE.
The first witness put on for the defense
this morning was Mrs. Logan, who cor
roborated testimony already given by
Eliza and Martha. The woman became
confused on crosse examination as to I'M
important details.
Little Joe Wise gave the most interest
ing testimony. He said that on the Sun
day night before the murder when Har-
dy and Miller came teothe house after
the family had retired, he was the first
to come down stairs Hardy was there
when he came down and Immediately
afterward his father came into the room
Mr.. Wise asked Hardy where Miller
was and Hardy replied that he was out
behind the barn with the rig. Miller tod
him he didn't want to come up to the
house because he wasn't dressed for
company, but Joe persuaded him and at
last he said he would go up as far as
the porch. The boy testified to having
accompanied Miller. He, was with Miller
for some time on the footboard of the
buggy, with his feet hanging down Then
Eliza came out and stood by the wheel.
and after some littlertalk Miller got ont
and went up on the porch. While sitting
in the buggy, Joe did not see a gun there.
He did not know the boys had a gun with
them
The boys testimony does not appear
especially valuable to the defense, as it
is admitted that the night was dark and
that Joe was not with the party through
out the conversation.
The little lad looks very pale and is
still weak from the effects of his wounds,
but he gave his testimony in loud clear
voice At 1890 the defense asked for an
adjournment until this afternoon, as
there were no witnesses. on hand
AFTERNOON SESSION.
In the afternoon there was not much
of Importance developed in the evidence.
The court ruled out all testimony reIa-
tive to the arrest of Ben johnson. for the
murder, or the finding of 44-calibre. IS
Model Winchester rife on Johnson's
farm: This was adverse to the state.
+. P. Hughes, c. D. Brown and Sheriff
Merrill each In turn, were sworn the
state objected TO their evidence, the OBJ
lection was sustained and the witnesses,
were excused.
Annie Larson was an unimportant wit
ness, telling she met DIR. Reese on his
way to the Wise farm on the night of
the murder about midnight She also
met Bina Token and Alma Severson
driving on the road
Mrs. MauYle Allard, who keeps a res
taurant in Bethel told about the ball
game the Sunday of the murder. She
saw Elmer Miller and James Hardy
there. The game stopped at $50. The
boys left for home about 7:15.
James Mitchell, captain of the ball
team, gave the same evidence. He said
that when he left at 1880 for home, Miller
was still at Bethel. The boys left in
double wagon.
George S. Tucker storekeeper at
Bethel testified that The boys left at
O'Clock and Mitchell left after the team
left.
Frank Peers. merchant at Bethel, saw
the boys starting out about one hour
after the game was over. The game
closed about 6 o'clock. He saw them
drive off at smart walk. His testimony
before Judge Hughes was a "brisk trot''
Richard Strong left Bethel May q,
about o'clock and the boys were there
then. He saw them later at his house,
two or three miles from Rethel They
came in and got drink. 1t was getting
dusk when they arrived.
GIRLS TESTIMONY IMPEACHED.
Swan Floreen, Mary Curry, John Cur
ry, Harry Lapham, nciehbors, all testi-
fled that Martha and Eliza's reputation
as TO truth and veracfry was bad. Lap
ham was at the Wise house two weeks
before the murder Mr.. and Mrs. Lap
ham had supper there. Jim Hardy was
there, and was introduced to Mr.. and
Mrs. Lapham and Mr.. and Mrs Wise.
Martha stayed at his house one night
after the murder Witness was friendly
with the boys, and his sympathy had
been with them. Lapham asked Martha
if she or Eliza saw the boys there that
night. She said she didn't He said:
What in the name of God made You
say sop
She said that Attorney General Doug
las said, if she would help convict the
boys he would see she got out of 1t ali
right.
He said: eff you amt careful, you will
get yourself into serious trouble.