The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1901-02-17
TRIAL GIVES RISE TO
THEM
MAY GO TO THE JURY TODAY
Several Witnesses Testify That
Rooney Was Alone with HAM
iItOn Several Times-Barbe
Was Drunk.

seriously if not criminally duplicating
some of those whose names have been
prominently mentioned in connection
with the case.
Three prominent business men of Min
neapolis, who have not as yet been even
mentioned in the case are reported to
have divulged particulars of conversa-
ton, which had they been known be-
fore the trial, might have resulted in i'm
plicating others
The business men referred to are said
to have given out the substance Of
conversation held with one of the wit
nesses for the state on the afternoon of
the day of the murder. They called on
the man for the purpose of talking over
the details of the terrible fatality,
knowing that he had been one Of the
eye-witnesses and as the door Of the
room was opened by the wife of the
man they were calling upon, she ex-
claimed: "Oh, you have come to visit
the murderer's wife, have your"
The man whom they were calling upon
was in chair, and did not get up. This
was explained by the statement that he
had been stabbed in the fracas and was
sore and lame. He kept his room on
this account for five days. In the course
of the resulting conversation the man
acknowledged. having seen Day on the
floor with blood gushing from his mouth
and nose
| He also volunteered the information
| that he had remarked to his friend when
Day was bleeding on the floor: when
/ this man comes to there will be some
thing come off. Let's go up stairs" He
also recounted how he had called Day
vile epithet and had said that he had
got what he was looking for.
The trial of Frank Hamilton is prac-
! tically over and the case viii in all
probability go to the jury tomorrow
| afternoon or Tuesday morning. Looking
hack over the testimony offered on both
sides, it can scarcely be said that Mr..
| Roardman has shown as he promised to
! show that the accused deliberately and
With malice aforethought murdered
| Leonard Day
In his opening address Mr. Boardman
told the jury that the accused had set
! upon his victim with the lust Of blood
| in his heart" This has not been
demonstrated; the only testimony which
would tend to definitely fasten the crime
upon the accused was the alleged confess
sion as detailed by ex-Oficerz Rooney
The defense succeeded in casting more
than a reasonable doubt on the authen-
ITCHY of this story, ard the testimony of
several of the witnesses who appeared
on behalf of the accused went to show
that it was by no means an assured fact
that he was in the final scuff1e which led
to Days death.
Yesterday the state in rebuttaI. called
! eX-COrcner H. S. Nelson, who swore POSI-
lively that Bdrbe, one of the witnesses
for the defense, was very drunk on the
!, night of the murder, and that Dr. Muir
ray was for a considerable time standing
apart from Rooney and Hamilton.
With the witnesses called in rebuttal
the case on both sides was practically
closed -
The jury has stood the strain we'll.
Now that their most important duty is
before them, all are in good condition to
pass finally on a human life whose fate
| is now trembling in the balance
HAMILTON has been in better shape since
he told his story and got that load off his
mind than since the trial commenced
what
| the jury is going to do preying on him.
he is maintaining his mental equipoise
| to the finish with remarkable fortitude
| He still says:
There can be but one outcome: I am
innocent, and I must be acquitted"
The general impression on impartial.
minds. after hearing both sides, is thar
! the question of generalization did not
! enter into this case 1t is continually as
| serted on all sides that neither Day or
! Hamilton ever really thirsted for each
| others blood. Nothing was further from
! the thoughts of either, 1t Is maintained
! than u killing. Granting that Hamilton
| killed Day, his friends. who. as mat
ter Of fact, will listen to no such PROPOSE
ton, insist that it was done In the heat
of the moment when the defendant-eyi-
! dence Of which is not altogether wanting
was roughly set upon.
DIR. NELSON CONTRADICTs DIR.
MURRAY.
On being called in rebuttal. DR.. Nelson
said he saw Rooney and Hamilton stand
ing away and apart from DR.. Miller.
Il saw them apart, yes, sir While I
was with Murray they were sitting alone
| in the barroom," he said
w hen ] saw Barbe at his room I was
i OF the opinion that he had been drink
| ing"
quite a good deal?"
Eyes, sir
In reply to questions by Mr.. Nye. wit
ness said that Francis was at the hotel
and followed him Cwitness) about close
ly"
At this point Mr. Boardman offered the
key ring, chain and little knife found on
| Days person in evidence.
! Judge M. B. Koon testified that Leon
ard Day had called at his residence to
/ make social call
Mr.. Day arrived about o'clock and
remained until about 10 or H." he said.
LAS there is nothing for cross-examina-
| tion,' said Mr. Nye, ST move to have the
| testimony stricken OUT
Mr.. Boardman explained that an at
| tempt had been made to slur Days char
! acter.
1--WE didn't say he never visited a re-
spectacle place. retorted Mr. Nye
Joseph Lawrence, former city detec-
tive, swore positively that Rooney and
| Hamilton were alone several times at
the West hotel this morning.
Ex-Patrolman George Revere testified
| that Hamilton and Rooney were alone in
the barroom, once at least, when DR..
| Murray was not with them
Charles Force, recalled declared that
he was sober on the night of the hoIni-
eide Fred George was also sober.
WAS Mr.. Barbe sober?"
''Well, he wasn't sober"
ANSWER directly
"He was intoxicated
officer Rooney took the stand and said
! that DR.. Murray was only with him about
three minutes.
''Was he constantly near you?"
| mo, SIR"
William Chandler, the West hotel bar
tender, was the next witness Chandler
/ saw Force in the hotel that night. He
was not intoxicated He was sober