The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1901-02-14

been attacked by Force and, others. He
was most positive in denying that he
cherished any i'll will against Day, or
that he had admitted being intimate with
Miss SlagIe.
The defense has undertaken to show
that there was a general scramble that
all Of the participants were drunk and
that the accused was knocked sense
less before the tragedy occurred. 1t also
intends to show that Day was in the
habit OF carrying a knife similar to the
one with which the cutting was done.
To corrObOrate the contention that the
fighting was general, there will be an at
tempt to show that all of the wounds
on Days head could not have been in
flicted with the same knife
PENNEY. OPENS THE CASE.
In the course of his opening remarks,
Mr.. Penney said:
THE defendant does not have to prove
that he did not commit the crime. It is
the duty of the state to provo beyond any
reasonable doubt, how the deed was done
We DO not have to show how the wounds
Were inflicted. That is for the state to
show.
HAMILTON HAD TUBERCULOSIS
shortly after Hamilton's father died
1t was discovered that the young man
had tuberculosis. He was sent to Colo
rado. His condition was such that it
required six years treatment to cure
&, him. The treatment was climate and
whisky for six years. 1t would be small
3, wOnre if. after six years use of whisky
he should acquire the habit. if he did ac-
Quire it. He came to Minneapolis about
two years ago, working for a time on
the Journal as a special writer.
Then he went back to Colorado for a
time. About year ago he came to Min
neapolis to do sports for the Times.
He also did hotels and met all kinds
of people, formed many acquaintances
and was about a great deal at night in
the line of his work. Mr.. Hamiltons
cure-all for all diseases was whisky.
ACCUSED WAS BEATEN.
Everybody there was intoxicated at
the West, say what they will, all were
intoxicated. No one can say definitely
just what happened. Mr.. Hamilton re-
members receiving a blow on the face
or the Jaw and shortly thereafter he
received a blow on the head from a cane.
cue or club, and this will be proved be-
yond any peradventure of a doubt In
the language OF the prize ring. this
knocked him completely out
From that time on he was not con-
scious of anything until he found him
self on the floor near Days side.
eve will show You by the very best
evidence that Mr.. Day carried Just such
n knife as the one produced at the trial.
We will show you by several witnesses
that for a year or more Mr.. Day carried
such knife and what he carried it for.
Gentlemen, YOu must know that there
was a general row that night. More
than one knife was used that night and
we Will be able to show it.
Or. Erdmann of the state university,
an anatomist Of high standing, will testi-
fy that all Of those numerous cuts were
not made by one knife.
1.-The clothing of one man who was pres
ent that night was despatched with blood,
cut, apparently, with a knife, and was
taken the next morning to a tailor re-
pair shop to be cleaned and repaired.
This clothing was not that OF Day or
Hamilton but Of another one who was
IN the melee that night"
Starr K Jackson, former clerk at the
West, testified that Day, whom he had
known intimately for years, spent a week
in Milwaukee at the Hotel Pfister, Mr..
jackson is now a clerk at the Pfister
He got acquainted with a chorus girl
IN The Burgomaster' company while in
Minneapolis" said Mr. jackson, referring
to Day, and he followed her to Mil