The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1901-02-11
ONE WHO WAS THERE.
st. Louis Drummer Testitles in
the Hamilton Murder Case.


Minneapolis, Mimi, Feb. 11-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 H Hamilton on
the charge of having murdered Leonard
r. Day. The states first witness Tor
the day was VIM. q. Bennett a ST
Louis travelling man, who was in the
time Of the tragedy. He saw the party
playing billiards, saw the Hamilton
party come in and heard Day say to
Hamilton: You're the man I've been
looking for" He heard the talk in
which q woman was mentioned. but did
not catch the drift of the conversation
He saw the scuffle between the pfln-
cipals and saw George, whom ne Knew
separate them. Some five or ten min
utes afterward he, with others, was
ordered out of the room by Special
the adjoining room, but was called
back by a travelling man working with
him named Barbe. On returning he saw
Day on the floor between the two tables.
Barbe had hold of his right hand and
was supporting him. Hamilton was not
there.
The witness continued IT rubbed
Days other hand and then returned to
the bar for the brandy. Failing to get
any, / returned to the side OF the dying
man and found Hamilton and Garfield
there. I told Hamilton to slap Day >
hands and take off his shoes and rub
his feet, as his extremities were getting
cold Neither Hamilton nor Canfleid
said anything.
Il said, He is dying Hamilton said,
Is he? and reached his hand over
1--WE continued to rub his feet and
apply hot water. About ten minutes
minutes later Day died. I said;
e Let us offer a prayer I kneeled
down and so did Hamilton by my side
The prayer was a silent one An offl-
Ger came and stood beside Hamilton and
Garfield. I did not hear Hamilton say
anything to the officer nor afterward-
1 had no knife nor had Barbe. Neither
of US had any trouble in the room with
any one.
on cross-examination Bennett sail
there were 10 or 20 persons in the room
at the time. There was row going on
in another part of the room. He had
known Barbe about six weeks.
Ray Evans was the next witness. lie
is in the grain business. He described
the saloons he had visited with Hamii-
ton and his party and then their going
to the West hotel On entering the bill
lard room he spoke to Day whom he
knew and then turned and introduced
Hamilton to Day. The two shook hands
and then witness turned away without
hearing the ensuing conversation. He
described his alteration with Force, who
he understood had said something derog
atory about him.
Il asked Force what he had against
me and for a reply he showed me down
into a chair saying: Sit down; I don't
want to have anything to do with you
Gary then broke in and said it was no
time or place for trouble with Force. He
got me out of the room and when
started back was warned by a bell boy
not to go in, as there had been trou-
ble."
On cross-examination Mr. Penny Went
into the question of what witness Evans
had drunk during the evening, beginning
with those before he went to the theater.
The witness excltedly appealed to the
court to know whether this was rele-
want, but was told to answer. So he de-
tailed a succession of drinks at various
places. In all he had drunk with Ham
ilton six or seven times He denied that
he was drunk and that there was loud
talk or profanity in the billiard room.
He had a cut on the back of his head
when he went away, but explained that
it was caused by the back of the chair
into which Force had pushed him. He
had gone without his hat because h.
could not find it. Witness saw no diff
Guilty between Day and Hamilton.
Frank M. Nye arose and stated to
the court that the defense had learned
today for the first ume with surprise
that Barbe would not be produced by
the state. The defense considered him
an important witness and if he could not
be produced would ask that his evil
dence at the coroner's inquest be adj
mitted. County Attorney ROardman ex-
planned that he was not personally re.
sponsible as he had come into office since
the commission Of the crime. His pre-
decessor had made every effort to Sc
cure Barbe's attendance but the latter
was outside their jurisdiction since he
was out of the state. He objected to the
admission of evidence at the inquest be-
cause Barbe had not then been cross
examined The court said the question
would be argued at the opening of the
afternoon session.
The last witness Of the morning was
Charles L. Ferris, attendant in the bill
lizard room. He heard Day say to Ham
ilton: You are the man I've been
looking for and the rest of the con-
versation that ensued, as told by other
witnesses.
After the first scuff1e he put away all
the cues and balls, coveredd the tables
up and took the beer glasses back to
the bar. When he returned he met
Hamilton and Garfield coming out and
the ARRAY was over. Afterwards he
saw Hamilton sitting with q police off,
Ger in the barroom. Ferris named as
all the persons present in the room,
George, Force, Gary. Evans, Garfield,
Hamilton, Bennett, Barbe. Ruel and
travelling man he did not know, who
went out before Hamilton came in
swore positively that there were no
others. in the room.
On ss-examfnation he saw George
reach down and help Hamilton and Day
up after the first scuff1e but witness did
not think he parted them.
49,.