Evening star. [volume] (Washington, D.C.) 1854-1972, 1901-11-21

| defendant
Mr.. Taggart spoke for one hour and ten
| Attorney Douglass announced that the
| defense would reserve its opening state
| mentS.
The First Witness.
Call Thomas Francis directed United
| States Attorney Taggart, after a brief
| pause, during which a large stand holding
| a large floor plan of the fourth floor of the
| Kenmore Hotel and annex was carried into
! the presence of the court.
The first witness of the trial explained
| that he was an assistant inspector of build
! ings for the District of Columbia, an archi-
| tect and craftsman, He made the plan re-
| ferred to, according to scale, from actual
| measurements taken by himself at the no.
! tel. By request, Mr.. Francis gave in detail
| the measurements as they directly affected
! Ayres' room, such as the distance from
| the floor to the sill of the window and from
| the sill to the top of the lower SASH
| The witness visited the hotel Saturday,
May 20. On the drawing he showed the
| positions of the several pieces of furniture
| and other articles in the room, as he was
| informed they were located, when the body
of Ayres was found the morning Of the
| 10th of May. Drawings Of all the floors of
the kenmore and annex were produced by
| Mr.. Francis. They were the result of his
| own iabors. he said. The plans were Of
fered in evidence by the government.
! Mr. Francis was cross-exarnined at length
|
urements of the room, whether it was
| seven feet eleven inches wide from wall
to wall, and as to other details. incluoIng
| the angle formed by the slope of the fire.
| escape stairway and the dimensions of the
/ bed and other articles in the room.
| At the conclusion of the examination of
Mr.. Francis, at 12:25 o'clock, the court took
a recess until ia O'Clock.
Photographs Introduced.
| When the afternoon session of the court
| Henry A. Wise of 9O7 PENNSYLVANIA avenue
to the stand. a The witness explained that
| about 2 pm. the afternoon of May IL last
he took several photographs at the Ken
| more Hotel One view of. Ayres
] room. taken from the entrance doorway,
and another of the room taken fr9m the
| window opposite the doorway the camera
! being located on the fire escape The wit
| ness described several spots that showed
| in the photographs as being blood stains.
| Mr. Could offered the photographs in evil
| dence, but Mr. Douglass objected to the ad-
| mission at this point on the ground that 1t
| had not been shown that the pictures repre-
| scented accurately the condition of Ayres
/ room when the body was found.
| 1t was explained by Mr.. Gould that the
| photographs were offered merely to show
| the permanent, tangible contents of the
room, such as the heater and the like, and
! not as to the position of the furniture, bed
| clothing and other movable effects
The court admitted the photographs in
evidence, and the defense noted an eXcep-
| tion. ,.
James Hack. also a photographer, next
| took the stand He Identified five photo
| graphs, shown in court, of the exterior of
| the Kenmore HOTEL and the interior of
| Ayres room, as having been taken by him
| self between and 3 o'clock the afternoon
| of May Is.
In reply to inquiries from Attorney Doug
| lass. the witness said he had never been
| to the hotel prior to the time he went
| there to take the photographs The body
| of Ayres had been removed before the wit
ness reached the room. The photographs
| were admitted in evidence.
He Found the Body.
| There was a stir among the spectators
| when Assistant United States Attorney
| Taggart directed: Call Daniel Wood
| house"
A colored man took the stand. He said
| he is now employed as waiter at 1913
/ street. He was working in d like capacity
| at the Kenmore Hotel the 18th Of last May.
| That morning he was on the way to arouse
one of the guests when Miss Mary Minas
| asked the VI fitness: See if Mr.. Ayres is out
| yet. l heard some funny noises in his
| room"
| Woodhouse testified that he raped on the
| door to Ayres room several times, and
| there being no response, he looked through
| the keyhole and saw the body of Ayres on
| the floor. The witness notified Mr.. War
| field, the proprietor of the hotel, of the dis
| SoNCiy. " diHSiur HIS UTOtueT, n,
| and the witness proceeded upstairs. The
| witness was lifted so he could look through
| the transom. He described the position of
| the body on the floor near the window. A
| step ladder waS-Sent for. WOodhouse also
! described the location of the furniture in
| the room.
| The morning the body was found the wit
/ ness saw Mrs. BONNIE, but did not notice
| her particularly.
| On cross-examination Woodhouse said
/ that he had been employed at the Kenmore
] for two years prior to the 18th of last May.
/ Martin Warfield was the first to look
| through the transom into Ayres' room.
Later Mr.. Drew assembled a step ladder
| and viewed the scene within the room
! through the transom. The witness was
! closely questioned regarding the location of
| the several articles in the room. Wood
| house said he did not notice q pistol, bat
| saw small shotgun resting on a trunk,
near the wall on the left side Of the room
| as he looked in. The first thing on the left
\ was bureau, and the next a trunk.
The redirect examipatfon of Woodhouse,
| conducted by Assistant United States Dis
| trict Attorney Taggart, was interrupted by
objections .interposed by the defense. The
| effort of the government was to prove by
| the witness, through reference to one of
| the photographs, the location of the several
articles in the room at the time the BODY
of Ayres was found. The defense con-
| tended that the witness should not be per-
mitted to refresh his memory from the
photograph. The government retorted that
| the course 1t had begun was the only way
| to prove the presence and situation of ar
| ticles in the room. and insisted that the
/ procedure was perfectly proper.
At 1902 the court adjourned out of respect
| to the memory of Milton C. Barnard, whose
| death was announced by Mr.. Gould
Counsel Have n Tilt.
/ Mr. Douglass having intimated that the
prosecution was apparently trying to get in
some testimony under the guise of the adj
mission Of the photographs that was not
| material to them. Mr. Could arose and very
emphatieally took issue with counsel for
the defense. Proceeding, he stated that the
contention of Mr.. Douglass that photo
graphs be not admitted as evidence has at
least one merit, and that was novelty.
Not only articles inanfnate, he said but
men could be identified by means of photo
graphs. 1t is perfectly proper, he said. to
hand the photograph of a man to a Wit
ness and ask him IL he knew that man
Despite declarations to the contrary he was