Iowa state bystander. [volume] (Des Moines, Iowa) 1894-1916, 1902-11-21

could and was - near the curb line -
possible ~ passed the alley. ! was
watching closely a passed the alley
and saw two men standing In the al.
ley. observed them as closely as the
light would permit. Both were coler-
ed men. One was smaller than the
other. and OF rather slight build and
spare faced. The larger man, should
say, weighed about $50 pounds. Tbs
man who looked out from the alley ID
my direction as | came up the street
was the smaller man, and looked and
saw he was q rather sharp featured
colored man. I know John Walker
from seeing him In the court room
Neither one / saw was John Walker.
Mr.. Evans, who was witness for the
defense, was subjected to mercilesf
cross examination by Mr.. Brennan
His testimony was not shaken in its
essential features, although the fact
was brought out strongly that the wit.
ness had never come to the police OF
detectives who were investigating the
murder, or to the grand jury with his
story OF what he alleged he had seen
He said that the first person he had
spoken to Of the two men seen In the
alley was Nose Levich, cousin OF the
defendant, two or three weeks ago. He
told Nose Leyich, he said. in the lat
ter's place of business on West Walnut
street, and later Walter McHenry, at
torney for the defense. called upon
him and he told the story to him.
The effort Of the defense to connect
the gamblers with the murder was OBJ.
jected to, and the court refused to per
NIT evidence along that line.
Dies Moines, Nov. 20.-The states
turn for sensation came yesterday,
after the defense had finished its case.
The witness was William T. Scott
carpenter by trade, who swore that on
the evening of the Finkelstein murder,
as he was coming from East Ninth
and Court avenue, where he took sup
per with a Mrs. Collins. he passed
down the north side OF East Walnut
street, he met John Walker between
Fifth and Sixth streets, about thirty
feet west of Harris Levich's furniture
store witness said that the time ne
thus saw Walker was 9:20 p. m, a
time, winch he fixed because he looked
at his watch at East Fifth and Locust
where he took a car for Fremont
street. Witness said the man he
passed was a heavily built. square
shouldered, dark faced colored mar
who weighed about 100 pounds. Wit
ness said that he subsequently saw
Walker in the Jail and that he recog.
nized him as the man he saw on East
Walnut street at about 9:20 o'clock on
the night OF the murder. .tness was
emphatic in his identification and de.
clared that he could not be mistaken
as to the man. The witness. as soon
as his direct cross examination was
finished, was vigorously attacked by
Mr. McHenry. He was asked to tell
about himself, where he had worked
and his movements during the even
ing. but he passed through the ordeal
with his story not seriously shaken.
Des Moines, Nov. 21.-Mrs. Finkel-
stein was put on the stand yesterday
to show the relations existing between
the murdered man and the defendant.
She was preceded on the stand by Ell
mer Smith, clerk of the police court,
who told OF quarrel he had heard be-
tween Leyich and Finkelstein in the
police court room on July 81. Mr..
Smith indicated that the dispute was
over bond and said that high words
were exchanged. Finkelstein threat
ened TO have Levich indicted for fur
nishing houses for purposes of prosti'
tuition and Levich retorted in kind.
Mrs. Finkelstein's testimony related
to first part of the same quarrel. She
said she came over from the east side
with her husband and that as they got
of the car on West Second and Locust
streets Levich came up and angrlly
asked what Finkelstein meant by med.
ding in his business. Finkelstein de.
MED that he was meddling, but Levicb
continued. Mrs. Finkelstein said That
she called to her husband to come
away, but that the two men stood there
quarreling. The other important testi,
mony of the DAY was Witness Frank
Gottstein for the site, who swore that
he saw Harris Levich about $3.50 in
front of his store, block away from
the murder. while the allbi of the ae-
tense is that Levich at that time was
at his cousins cigar store. Gottstein
was apparently an unwilling witness
although ne said he saw some one
near Levich. did not say who it was
or give a description. The defense
scored heavily with witness intro
duced at the last minute in sur-rebut.
tai, who swore that he stopped iS the
fatal alley few minutes before 1C
and saw there two men, both colored,
one large and one small.