The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1901-06-05

Mr. O'Bri.n succeeded In getting him
to admit that Herbert, in Identifying
Billiott, whose name is Sam, referred
to him as Frank" and that prior 10
the arrest Of Billiott he had been look
irg for one Frank Tollerego. who an
swered the description of Herberts as
sailant. and who skipped out for Can
ada day or so after the stabbing,
leaving his wages behind.
Assistant District Attorney Thomas
examined Neary at length concerning
the arrest OF Billiott and his identif-
cation by Herbert. The witness told
that he received from Herbert a de-
scription of his assailant, and that
Herbert further told him he thought
he knew him: that he was a man who
worked on the Honcsdale branch, whom
he had frequently seen.
The witress made inquiries for a
man who would answer the description
given by Herbert and picked on Billiott
as the man. On Wednesday night at
II o'clock, in company with p. F. Nc
Cam. he went to Sam Grico's house.
where Billiott boarded. and had Grico
take them upstairs to Billiotts room.
Billiott was in bed. The constable saw
a knife lying on top of trunk and
picked 1t up. Some one downstairs.
supposedly Mrs. Grico. called out some
thing in Italian. Billiott remarked.
me no hide no knife" When Grico
was asked by the constable what the
woman downstairs had called out.
Grico admitted that she bade them
"hide the knife
FAINT BLOOD STAINS.
There were faint blood stains on the
knife blade, the witness said and when
he produced the knife in court yester-
day. he pointed out where the blood
stains were yet to be seen. Mr.. O'Brien
examined the knife critically. but could
not lind the alleged blood stains. He
asked the witness to point them out.
The witness did. Still Mr.. O'Bren
could not see them. and he asked the
jury to take the knife and find them.
The knife was passed around among
the Jurors.
Neary says that Grico declared the
knife belonged to Billiott and Billiott
admitted it was his Billiott was taken
direct to the hospital. AS soon as they
entered Herbert's room. Herbert point
cd at Billiot. and said. "There's the
man that stabbed me. That's the man.
] don't know his nameJ but I almost
know him personally. I worked on the
Honesdalc branch with him."
Next morning Billiott was again
taken to the hospital. that Herbert
might have a look at him in daylight.
Again he identified him as the man
that stabbed him.
On cross-eXamination, Mr. Neary was
asked by Mr.. O'Brien if Herbert did
not refer to Blliott as Frank" Neary
replied in the negative. and said he was
positive that Herbert at no time at
tempted to give his assa liant name.
Didn't Herbert tell you on Sunday
night that he thought the name of the
man who stabbed him was Frank?"
Mr.. O'Brien asked.
NO. he mentioned no name" replied
the witness.
WHAT WHITE SAID.
Mr.. O'Rrien asked the witness if it
was not true that when he went to
Nincveh on Monday to see Hal White
that the moment he gave Hal White
the description furnished by Herbert.
White exclaimed. That's Frank Tol-
lerego." Mr. Neary replied that he did
not so to Nineveh until Wednesday,
and that while it was true Hal White
declared the man he described might
be Frank Tolcrego. this declara ton
WAS not made until he first had said it
was probably Sam Rilliott.
Mr. O'Brien also brought out by his
questioning Neary that it was rumored
that Wedre sday at Nineveh that Frank
ToilcreSo had fled to escape arrest for
the Herbert stabbing. and that he
(Neary) learned from White that Toll
lereeo had gone to Canada, without
taking time to collect his months
wages. 1t was further elected from
Mr.. Neary that Billiott frequently Wis
tied Sereano at the city Jail, during
the three days intervening between the
stabbing and his own arrest.
/. T.. Mccain, who accompanied
Neary on the visit to the Grico house
corroborated the constable as to the
arrest and the Identification a the hos
pitai. He contradicted Neary however,
by affirming positively, under cross-ex-
animation. that Herbert had referred
TO BilliOtt as ''7ranlk." Mccain testi-
fled that Herbert said of Rilliott, I'VE
used TO call him Frank"
DR.. Wheeler also testified to Her.
berts $ identification and. like the pre-