The age-herald., 1901-09-17

duced a photograph of 'New York Har- ry." The defense objected and was sus- tained
 l do not see any resemblance between Dutch" and New York Harry" New York Harry" looked like a racehorse man and Dutch" a brewery worker. New York Harry was about the height of Duncan but weighed probably 162 pounds. His moustache was unlike Duncan's. The crowd had been coming to my place about nine days before the shooting. Have known "Sheeney Buggs'' for sev- eral years.
 Cross examination-Could not swear I ever saw Duncan at my place. Saw Dutch" eight or nine days before the shooting. Could not swear Duncan was with the crowd. New York Harry seemed to be the leader Saw him two days after the shooting.
 Redirect-Never saw the crowd togeth- CT after the shooting. Objection was made and sustained.
 Attorney Gives Testimony.
 Attorney John T. Shugart testified that W. D. Paris told him some time before the trial that he could not Identify Dun can, as he had never seen him until they had him in jail. Later had a conversa- tion with Paris in which he stated that he did not know anything about Duncan, but did see a man going across Twentieth street up Third avenue-that was Miller. He did not tell me anything about pass ing Duncan in Third avenue between Fry. said he did not see Adams but saw Kirk ley while the shooting was going on. In answer to question Paris said to me: Ill., never saw Duncan until they got him in jail"
 Cross examination-I measured the side walk three times and talked to Paris three times. Paris always told me he never saw Duncan. have talked to sey- eral witnesses in the case. It Is not pos sible for me to have mixed up the testi- mony of them. Remember the substance of what all the witnesses said. Measured the sidewalk and gutter first time with my hands.
 Colonel Altman for the defense asked that the testimony of Miller at the for mer trial be read. This was agreed to by the State and the testimony will be read this morning. It was then 4 o'clock and Judge Greene adjourned the court to allow the defendants attorneys time to read over the testimony.
 Court reconvened at o'clock and At torney Shugart was again put on the stand. He testified that Frank Miller was hung, and that he was present at the hanging The defense then announced that they had closed.
 Testimony In RebuttaI.
 The state then introduced several wit nesses in rebuttal Of the testimony of Cliff Cahoon.
 Deputy Sheriff Will Love testified that Cliff Cahoon had said in his presence he was sorry the Supreme Court had affirm ed the decision of the lower court. Ca- hoon said he would do any d-n thing to help the crowd out of their trouble.
 J. H. McCary, police commissioner, testified that he was present at the in- vestsgation of the charges of cowardice against Officers Schaber and Menasco, in connection with the shooting. Cahoon was a witness and he said that when the first shot was fired he ran in an alley way in the rear of Rensford's saloon. Said that he thought he heard bullets whizzing by him. He did not know who fired the shots. Saw a man pass him wearing light overcoat.
 Harry Rensford testified that he had a short conversation with Cahoon the night of the shooting. Said that a couple of shots went by him (Cahoon) and he went into the alley way.
 Dr. R. V. Mobley, police commissioner. testified that he was present at the Scharber-M -Menasco examination. Cahoon said he ran into an alley in the rear of Rensford's bar, and soon as the shooting began.
 Cross examined-In testifying Cahoon did not seem to show any bitterness to- ward the policemen.
 At $40 o'clock court adjourned until this morning at 9:16 o'clock