Waterbury evening Democrat., 1903-11-24
BOYS WILL TRY T0PROVE AL|B|
That Will be Line of Defense in
 Faber Switch Cases
Trial Started Again To-day-Very Few
 Were Present at Opening Tell Why They Did Not Testify at the Former Trial


 Tell Why They Did Not Testify at
 the Former Trial.
 The trial of the eight boys con cerned in the Baber's switch case was resumed in the superior court to-day. If the attendance was an index Of public feeling in the matter it can be said that there is very little interest in the fate Of the accused. Outside of a few witnesses there was hardly any one in court. Judge Wheeler and the jury were promptly on hand and the hearing was resumed without any de lay. When court adjourned last Fri day afternoon the defense was intro ducing witnesses as to the reputation and behavior of the accused and this fea ture was resumed this morning.
 Early to-day it became apparent that the defense was to be the same as in the strikers cases. an alibi. Be- fore 1O:3O o'clock the following had testified to the good character of the accused: Frederick H. Chatf1eld, Attor- ney E. l.. Seery, William H. Von To- bel, Dr J. D. Freney, Thomas A.. Knapp, George W. Lewis, John J. Sic bert, Joseph w. Crockett, Henry E.. Sanderson, James E. Phelan, Thomas Vickers, Dexter H. Clark, James F. Ri ley, William H. Hurlburt, F. M. Pier pont, F. E. Hoadley and Mrs Sadie Thorpe, mother of Charles, one of the accused. James Quinn, another of the accused. was then called, but At torney Hamilton reconsidered and put on William Costello instead. He testi- is HFa n h. 0A o1yY% he was at dance in the City hall. He was not in Wolcotts pool room that night. He did not dance and he was dance, nor could he recall anyone he saw or spoke to there. He was not at work that week. business being he was employed. Under cross examination Attorney Kellogg tried to introduce Costello s 1 evidence in the city court and his re- | fusal to repeat that evidence or testify in the superior court, in the case of the strikers. Attorney Hamilton ob- | jected and the objection was over- 1 ruled, thus allowing MT Kellogg to 1 continue. l,
 l MT Kellogg tried to show that wit ness refused to testify at the last trial because he feared his evidence would | incriminate'' him. Witness said he l refused because it might tend to in l criminate him.
 Several times and in different ways 1 Attorney Hamilton tried to get Cos, ! tello to tell why he did not. testify in 1 the last trial and each time he was l overruIed, until with the assistance of l the court the question was properly formed and witness said he refused 1 to testify because he was not on trial and on account of the instructions of | the court.
 To Attorney Kellogg Costello said l he did not remember being told by Attorney O'NeiH to refuse to testify or that the matter was dis cussed by the accused.
 Michael Costello. father of the last witness. testified he saw him enter the house about II :15 the night of the as 1 sau1t; that lie took off his shoes and did not leave the house after that. George H. Griswold, 62 East Main 1 street. testified for Thorpe James J. Quinn testified he was al 1 the show the night of the assault and went home immediately after the per l formance. He was not at Wolcott's 1 pool room or Faber's switch that night l At the time of the assault he was em ! ployed by the Waterbury Clock Go l The show was ''The Stubbornness ot l Geraldine with Mary Mannering ir the title role, but anything else about ] it, the characters. the action or the 1 scenery he could not tell. MT Kellogg l T fO Hifafy wit qto ment that he did not sympathize with the strikers by showing that he left the state with the other accused il charge of member of the strikers exeputive committee. and his expenses l paid, week before the last trial The defense objected on the grounds of ir relevancy and as the questions were 1 not answered the court declined to or der them stricken out. '.. 1 Annie M. Quinn, sister of the last witness. testified he came home on the l night of the assault about II o'clock and retired immediately. The papers next day had an account of the assault and witness remarked that it was 8 1 good thing her brother was home that l night.
 Ball said he was in the Rosedale 1 | started for home with other members of the club. He heard someone say Let's go up to the switch and have fun with the scabs." So he went uI to Hurlburt's shop and from there tC 1 the switch. He did not put stones on the track or see any put there. Fear ing there would be trouble he deemed 1t prudent to go away and he went l home.
 Balls statement was then intro duced and the defense objected Lengthy arguments followed and the court ruled for the state. The state
 ment was then read. It was a cor roboration of Wolcott's testimony ir some respects and it covered matters not mentioned by him. He said he signed it before anyone told him wha1 1t contained. Attorney Meigs wrote it. but witness did not know what ht
 wrote, and having finished it he said
 Sign this if you want to, get out | nI1rony+ n uyhoSa off co tbjt