Omaha daily bee., 1901-02-12
BRINGS IN A NEW FEATURE
witness Tells Of "kysteriou, Stranger
" Present at Time Of Murder
no ONE SAW HAMILTON STRIKE DEAD MAN
woman in the Case Pat on the stand
Declines to Testify. rs 90 DO So
Would Incriminste Herself
some Contradictions.

MINNEAPOLIS. MINI. Feb. ii.-An eager
throng, containing many women. blocked
the spacious corridors OF the court house
today, striving to get into the large court
room to witness the proceedings in the trial
OF Frank II. Hamilton on the charge OF hsv-
ing murdered Leonard r. Day. The states
FIRST witness for the day was William G.
Bennett. a st Louis travelling man, who
was in the billiard room OF the West hotel
at the time of the tragedy. he saw the
party playing billiards saw the Hamilton
party come in and heard Day say to Hamil-
ton You're the man I've been looking
for" He heard the talk In which a woman
was mentioned, but did not catch the drift
Of the conversation. He saw the scuffe
between the principals and saw George.
whom he knew. separate them. Some i've
or ten miputes sftervayd he. with others,
was ordetHS out Of the room by Special
Oficer 0,Nsliey, He '~snt 10 the bar in
the adjoining room, bnt was called back
by q travelling man working with him,
named Barbe. On returning he saw Day on
the floor between The two tables. Bsrbe
had hold Of his right hand and was sup
porting him. Hamilton Was not there.
The witness continued: II rubbed Days
other hand and then returned to the bar
for the brandy. Failing TO get any, l re-
turned TO the side OF the dying man and
found Hamilton and Garfield there. told
Hamilton to slap Days hands and take of
his shoes and rub his feet, as his eNtremi-
ties we're getting cold. Neither Hsmll.on
nor Canheld said anything. said He Is
dying Hamilton said Is he?' and reached
his hand over Days breast. We continued
to rub his feet and apply hot water. About
ten minutes afterward the doctor came in
and In Ave minutes Day died
Pray at Dead Mans side.
Il said: Let US offer a prayer. | knelt
down and Hamilton knelt by my side. The
prayer was a silent one. An oficer came
and stood beside Hamilton and Csnheld.
did not hear Hamilton say anything to thu
officer nor afterward. | had no knife mol
had Barbe. Neither OF US had had AM
trouble In the room with anyone"
On cross examination, Bennett said there
we're fifteen or twenty persons in the room
al the time. There was a row going or
n another part OF the room. He had knowr
Barbe about six weeks aud had met Day
casually.
Ray Evans was the next witness He Il
IN the grain business. He described th'
saloons he had visited with Hamilton anC
his party. and then their going TO the Wes
hotel. on entering the billiard room HI
spoke TO Day. whom he knew, and theI
turned and introduced Hamilton to Day
The two shook hands and then witness
turned away. without hearing the ensuing
conversation. He described his altercatior
with Force. who. he understood. had sait
something derogatory about him.
II asked Force what he had against me
and for a reply he showed me down into .
chair. saying: sit down; I don't want u
have anything TO do with you. Gary theI
broke In and said Il was no time for trouble
with Force. He got me out OF the room, snt
when / got back / was warned by bel
boy not 10 gsciu, as there had been trouble.
Invoice His Drinks.
on cross-eXamination Mr.. Penny wen
into the question OF what Witness Evan
had drunk during the evening. beginnin
with those before he went to the hotel
The witness appealed to the court TO knoN
whether this was relevant. but was told L
answer. So he detailed succession o
drinks at various places. In all he ha
drank with Hamilton six or seven times
He denied that he was drunk and tha
there was loud talk or profanity in the bill
Hard room. He had a cut on the back OF hi
head when he went away, but explalne
that 1t was caused by the back OF the chai
into which Force had pushed him. He ha
gone without his hat because he could no
find IL.
Frank N. Nye. for the defense arose an
stated TO the court that the defense ha
learned today for the FIRST time with sur
prise that Bsrbe would not be produced b
the state. The defense considered him a
an important witness. and II he could nc
be produced would ask that his evidence a
the coroners Inquest be admitted.
County Attorney Boardmau explained tha
he was not personally responsible. as b
had come into ofice since the commissio
OF the crime. His predecessor had mad
every effort to secure Bsrbe'S attendance
but the latter was outside their jurisdic
tion, since he was out OF the state. He oh
jected to the admission OF evidence at tn
inquest because Barbe had not then bee
cross-examined. The court said the ques
tion would be argued at the opening OF th
next session. The last witness OF the morn
inE was Charles L. Ferris, attendant in tn
billiard room. He heard Day say to Ham
tlton: You are the man have been lool
ing for and the rest OF the couversstio 10
that ensued. as told by witnesses. Ate
the frst scufie be put away all the cues ar
balls, covered the tables up and took II
beer glasses back to the bar. When he r,
turned he met Hamilton and Garfield con
ing out and the affair was over After
wards he saw Hamilton sitting with a poll,
otfcer In the bar room, Ferris named a
the persons nresent in the room Georg
Force, Gray. Evans, Canneld. Hamilton