The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1901-02-13
HIS LIFE STORY.
Frank Hamilton, Accused of KILL
ing Leonard R.Day,
Goes on Witness Stand in His
Own Defense.

Minneapolis, Feb. lat was the de-
fense's turn today in the trial of Frank
II. Hamilton for the murder of Leonard
r. Day. His chief counsel, Robert L.
Penney, outlined to the jury what he
expected to prove. He opened with a
sketch of Hamilton's life, who is "A years
old. At the age of Is, after the death
of his father, his mother having died IN
his infancy, it was discovered that he
had tuberculosis and it was decided to
send him to Colorado for treatment. 1t
took six years of climate and whisky to
effect a cure. Mr.. Penney declared
that it would not be surprising If he had
formed the habit after such a course.
Turning then to Day Mr.. Penney
pointed out that he was from a. wealthy
family and that his every Whim and
desire was gratif1ed.
For two nights before his death he had
been out all night carOusing. On the
night in question he had gone to the
theater with boon companions and then
to a wine room where two women Joined
the party. Two of the men left early,
while Day and companion continued
to drink with the women. Later, he had
gone to the West hotel and begun the
game of pool with some friends there
Those men with whom he was playing
were now practically the only accuser5
of Hamilton. What wonder that from
instincts of self preservation and to
clear their own skirts of any possible
suspicion they should lean in their evil
dence toward the accusation of de-
PENDANT.
Hamilton on that night had had a
number of drinks-5ust how many he
does not know. Finally when the sa-
looms were all closed they had gone to
the West, not with any idea of finding
Day, but because Evans wanted another
drink. He had no trouble with DAY,
who had never done anything to him.
He had met Day before but not form
ally. Hamilton was Intoxicated that
night, or partly So He remembered
shaking hands with Day. Every bOdy
there" said Mr.. Penney, was into1ci-
Gated, say what they will Hamilton
remembers receiving a blow on the face
or jaw and shortly thereafter he re-
ceived a blow on the head from a cane.
cue or club and this win be proved.
From that time on he was not con-
sciouS of anything until he found him
the crime he says: I know I did not do
it. 1 could not do it, in the very nature
of things
"A knife has been shown you here.
gentlemen That is not the knife Of
Frank H. Hamilton. He never had
such a knife. He had no weapon of
any kind except a small pocket knife.
We will show you by the very best evil
dence that Day carried just such a
knife as the one produced at this trial
There was q general row that night,
and more than one knife was used. and
we will be able to show this
The clothing Of one man who was
present that night was despatched with
blood and cut, apparently with a knife,
and was taken the next morning to a
tailor repair shop to be cleaned and re-
paired. This clothing was not that of
Day or Hamilton
s. K jackson. former clerk at the
West hotel was the first witness called.
He said that Day, whom he had known
Intimately spent a week in Milwaukee
at a hotel where witness is now employ
ed. Day had made the acquaintance in
Minneapolis of girl in the chorus Of
1.-The Burgomaster" company and had
followed her to Milwaukee and had af-
forwards gone on to New York. Jackson
met him again in Minneapolis a few
days before the stabbing. Jackson tes-
titled that Day had said that during his
Days absence Hamilton had been
keeping company with the girl and he
was going to do him up"
Jackson testified that Day carried a
large knife with a long handle. On cross
examination Jackson admitted that he
had taken great interest in the case,
knowing all the parties except Hamilton
and having been at the West hotel four
years.
Hamilton. then took the stand. He
sketched his life substantially as his
counsel had done.