Omaha daily bee., 1901-02-12

bennett. barge, Ruel and travelling man
he did not know. who went out before
Hamilton came In. Ruel went out before
Day died He swore positively that there
were no others In the room. on cross-eX-
animation he said George reached down
and helped Hamilton and Day up after the
hrst scufie but witness did not think he
parted them.
The noon recess vas then taken.
saw Mysterious stranger.
on the opening OF the court in the after
noon the defense moved that the county
attorney be required TO produce A. ". Barbe
in court as a witness. Mr.. Penney pointed
out that the laws provided for furnishing
the expense money required in advance by
the witness The court denied the mo-
tion and an exception was noted
stephen o'Malley. vatehman at the West
hotel, gave important evidence He put
young Evans out because he was drunk,
noisy and quarrelsome. He saw Hamilton
on top OF Day. but saw no blows struck.
Indeed 1t Is remarkable that not a single
witness thus far saw a blow struck by Ham
ilton. o'Malley arrested Hamilton on the
advice OF Canfield. who was one OF the pris-
oner's companions, but who said TO him
Hold that man"
Hamilton said not a word un to the
time O'Malley turned him over to Police
man Rooney, to whom the state charges
that he made confession O'Mailey iden-
tifed big wooden handled knife, with one
broad, rusty blade. az the one he picked UP
near Days body
/ On cross.examinatio ion the ~atchunan men
toned for the first time in the case "a mys
terious stranger" When he came back
after putting Evans out he saw a. slim
tall man, with iron gray mustache. weigh
| ing about $50 pounds" standing near a
! billiard table. This bit OF evidence greatly
! pleased the defense.
DR.. Henry s. Nelson. formerly coroner
described the cuts on the body. identified
the knife and declared. after the defense
objection had been overruled. that.the blade
OF the knife could have caused the cuts
Grsy's Evidence = Surprise.
! J. 7. Gray, a bosrder at the West hotel
/ save some unexpected evidence. He haC
been attracted TO the billiard room by hear
| ing that some one had been hurt ther,
and had gone in twice. Each time Day wal
! lying on the floor. The nrst time ther,
was no knife by his body. but the secon,
time there was. He swore positively tha
there was no one near Days body the frs
time be went in. This contradicts the ties
| tlLnouy OF several others OF the states wit
! nesses. There were other important dis
orepances between his story and those tol,
by the others.
The sensation OF the day was the callinj
o. Caroline slagle as a witness. She sal,
she had known both Day and Hamilton
for about three months. She admitted hav
ing visitc> Hamilton in Jail and said sh
was still on friendly terms with him
Asked IL she had had certain conversation
with Hamilton before the tragedy sh
turned to the Judge and said:
Il understand that IL is privileged"
The defense insisted that the witness b.
Instructed that she need not testify to any
thing that might tend 10 incriminate her
self. At least the state should put IL
questions in writing and submit them T.
the court before they were put to the wit
ness. After a consultation between tn
court and the lawyers. the court ruled tha
II the evidence tended to incriminate tn
witness she need not answer.
That is all, - said the county attorney.
Mr.. Penney asked IL she was intimatel
connected with either Day or Hamilton
She said she was not and was then excused
After recalling Force and George TO cIea
up some minor points, court adjourned 10
the day