The daily Republican., 1902-12-23
SAYS BENNETT
rs DIDNOT We'd HER
Witness Swears Pittsburgh
Man Was In Theatre At
Time Of Alleged Ceremony.
BIGGAR TRIAL NEARING END
Went to Freehold Jury This
Morning and a Verdict
is Exp ected This
Afternoon.

Freehold, n. D., De- -. -i.lili,'
Big Jar will have al opportunity t.
deny in detail at tht opoltls ot
tomorrow morning t3i.iwDly rG.
hecting on her, ana in which Dr.
Hendrick and thrae n.lAr~mHl are
named. Attorneys for ia" defence
and prosecution will th:n sum up.
Judge Heislay win deliver his
charge and the cas- will then go to
the jury.
Most imp rtant in It's direct bear
Ing on the case To-day was the testi-
mony of William Z. kecgh, mana.
ger of the New Star heatre, in Now
York, who was Henry NJ. Benefits
partner for five years in the manage
ment of the Old Star Theatre He
testified positiyeIyIthat on the Sun
day night-January 2. 1898 when
Miss Biggar says she and MIR. Ben
nett were married, in Hohoken, by
Samuel Stanton, Mr.. Bennett was
with him in the theatre. AID that
after the performances he and Mr..
Bennett went to the Marlborough
Hotel, where they had sute OF
apartments together, sat III the cafe
fora while Il ID thea went to bed.
/. ACTOR N TilE BOX.
His reason for feeling 50 certain
on this point, he sail. was that on
the Sunday night in question George
Thatcher was one OF the perform
ers in concert at the Star Theatre
and had an assistant puiporting to
be one of the audience who was
placed in Nh. Beunett'$ private box.
Thatcher directed the attention
of the audience to this box, in which
Mr.. Bennett was also sitting and
caused the latter considerable an
noyance.
Mr.. Koogh said he had looked up
the records Of the theatre and found
that Thatcher never had taken part
III Sunday night concert there ex.
cept OH this occasion. This evidence,
if convincing to the jury, would be
the strongest link i'll the chain
brought by the prosecution, as it
would prove positive alibi for Mr.
Bennett on the night when the
actress declares he married her.
Molly Diskin, for several years
Miss Biggars maid, told of various
occasions on which her mistress had
been in the company of men. First
OF all she denied the statement Of
the actress that she had been dis
charged for stealing $40. On cross
examination she was bitterly assail-
ed by the defence, but stuck to her
story, and Oh the Whole proved
good witness.
There was an extended argument
On the admission Of testimony along
this line, but Judge llcisley allowed
1t to be put In on the ground that
is Miss Biggar had maintained
that she had tbeen true aud de-
voted wife 10 Mr.. Bennett, it was
fair to allow the Iprosecution to put
in evidence tending to disprove such
a state OF affairs.
MEN NAMED SOUGHT.
Immediately on the adjourn ment
of the court this afternoon al pos
sible efforts were by the defence to
reach the men named by Miss Dis
kin. The actress herself call ed up
one of the mcu named in court as
Dr. J. Kennedy Irwin, Of Pittsburg
at his home. lie told her over the
telephone that it would be inpos-
sibc for him TO leave Pitts burg tor
Freehold tonight because OF a dy-
ing patient, but agreed to telegr aph
Judge lIelsley that he would surely
be here on Wednesday, if that was
rot tu late, TO swear that the ac.
cusalions OF Miss DIskin ara untrue.
Efforts are also being made in New
York TO learn the whereabouts Of an
actor named Milton and another nam-
ed Paul Evcrton, but SO far they
have been unsuccessful.
T. Equally damaging to Miss Biggar's
case, If believed by the jury. was the
testimony Of Miss Josephine Lane,
who was at first patient and later
an employe in DR.. Hendricks sani-
tarium last spring. On cross-exam-
inaLion she contradicted herself sew
eral times, but stuck TO the main
points of her story.
John +. Hawkins, Of Asburv Park,
one of the executors of the Bennett
estate, swore that Miss Biggar had
said in his presence that Bennett
never would marry any woman, and
that there was no room for her name
on his tom mbStune.
MISS BIGGAR on STAND.
Miss Biggar who was on the wit
ness staud again for several hours,
was much more sell contained than
when she testified on Friday. She
branded the letter written to her by
Herdrick In which he addressed her
as Mamma and asked after the
kitten as too slly for comment. When
she was asked as to her relations
with several men her attorneys pro.
tested, but in vain: SIT Is mon.
strous', declared Mr.. McDermott,
ITO bring In such charge as this on
the last day Of the trial, without the
Ilightest warnlnga more serious
tharge than the one for which our
silent was indicted.
Asked whether he expected
70 produce the men named, Mr.. vii.
son, for the prosecution, said he
fould not do SO, but would prove the
'harges true by other win esses.
"Of course the men themselves
Won It be here to testify to any such
'onduci,' broke 10 Judge HeisIcv.
III they did they ought to be put
o an asylum.
As showing her self.control to-day,
,he T Mss big&ar s replies is inter.
'ai'Ha