Wheeling Sunday register. [volume] (Wheeling, W. Va.) 1882-1934, 1901-02-10
THE TRIAL Of HAMILTON
IS NOW WELL UNDER WAY.
WITH MURDER OF MINNEAPo-
LIS MILLIONAIRE.
STATEMENTS OF ATTORNEYS.
SEVERAL WITNESSES EXAMINED
BUT NO VERY DEFINITE INFOR-
NATION SECURED.


MINNEAPOLIS. Mimi, February 8.
Taking of testimony began to-day in
the trial of Frank Hamilton, the news
paper reporter, charged with killing
Leonard Day. a young millionaire and
well known man about town, in the
billiard parlors OF the West hotel at an
early hour of the morning of November
25th last.
In opening the case for the prosecu-
ton, County Attorney Boardman
| spoke half an hour, reviewing the al
legged incidents leading up to the en-
counter which resulted in the fatal
sta'bDing OF Day. He dwelt at length
| upon the alleged i'll feeling between
Hamilton and Day, and ended with
the declaration that before Hamiltons
attorney and friends had been able to
advise him, the prisoner had made
confession to policeman. in which,
however, he said the prisoner had
| maintained the killing was in self de-
| Tense.
DIR. H. III. Staples, house physician of
| the hotel, was the first witness. His
testimony was unimportant. covering
only the fact that he was called and
found Day dead
DR.. j. w. Little followed. He told
of attending the post mortem exami-
| nation and described Days wounds.
| The fatal cut, he said, was one on the
left side just above the collar bone,
which had severed the subclavicular
| artery and penetrated the apex of the
! left lung.
| Days bloody clothing was placed in
| evidence. Each piece was identified
| and the whole received in evidence.
Alfred Gary told how he with two
| others accompanied Hamilton to the
hotel after l o'clock in the morning.
| He saw Day and his party playing bill
| lizards. He heard Hamilton make a re-
| mark to Day about woman whose
| name was not mentioned. Hot words
and clinch followed. They were sep
| arated and witness did not see the sec
| ond clinch. He saw Day stagger and
| fall after they had been separated.
Hamilton had assaulted Day and the
latter had seemed to be preparing
/ for it.
| Gary TOOK the stand again after re-
| standing up when George separated
| them. He saw no knife in the hand of
| either or of any one there. He had
| apologiZed to Force for Evans behay-
| ior and was about to leave when he saw
| Day stagger and fall.
! Charles e. Force, secretary of the
Northwestern Life Association, was
the next witness. He said that he was
playing billiards with a party when
Hamilton and his companions came in
and Hamilton at once became involved
in a hot dispute, in which Hamilton
admitted that he had made foul ac-
cusation against Day to certain per-
son." He saw Hamilton and Day on
| the floor in a clinch. They were picked
up or got up and Fred George separat-
ed them.
Hamilton called Day a cad and cur
Day replied:
when your are sober, I'll give you
a game"
Then they shook hands and agreed
to settle it later.
The next he saw Hamilton was
standing near a billiard table, Can
field was dragging him away and Day
was on the floor. The latter said:
He jumped on my back"
On cross-examination Force said the
party he was with had had perhaps
five rounds of drinks.
feature of the afternoon session
was the appearance Of Fred II. George
on the witness stand. He told of the
circumstances surrounding the quarrel
of Hamilton and Day and of his part
in separating them. His testimony
Tailed in the main with that of Force.
George Stated positively he had seen
no knife during the evening and did
not know how he got cut on his hand
or at what time.
My attention was next attracted to
them when they came Together a sec
ond time at the end Of the billiard Ia
BILE. i separated them again and said:
Boys, you'll have to stop; you can't
quarrel here"
Witness then felt numb sensation
In his right thumb. Passing between
the two combatants he went TO the
wash room and washed his hand.
when I saw Hamilton and Day
clinched a second time" explained Mr.
George, Hamilton had his arm around
Days neck. No. I'llTecall that; / don't
mean TO say that mean that as they
went down in a clinch Hamilton was
on top. | did not know anyone but
myself had been hurt" he explained a
secona time TO Mr.. Boardman.
The court then ordered an adjourn
ment until 10 O'Clock Monday morn
ing