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 Slagle. 80
The defense has undertaken to show
that there was a general scramble, that
all of the participants We're 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
hicted with the same knife.
PENNEY OPENS THE CASE.
In the course of his opening remarks,
Mr.. Penney said:
1.-THE defendant does not have to prove
that he did not commit the crime. It is
the duty of the state to prove 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
it 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
g. him. The treatment was climate and
whisky for six years. 1t would be small
q wonre if, after six years use Of whisky
he should acquire the habit, if he did ac-
auire it. He came to Minneapolis about
two years, ago, working for time on
the Journal as a special writer.
Then he went back to Colorado for a
time. About a 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.. Hamltons
eure-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 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
Owe will show YOU by the very best
evidence that Mr.. Day carried just such
We will show you by several witnesses
that for a year or more Mr.. Day carried
such a 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.
''Dr. Erdmann of the state university,
an anatomist of high standing will testi-
fly that all Of those numerous cuts We're
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 4. 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
Couft=.aun mn HaoO,.d Tsooa