Waterbury evening Democrat., 1903-04-01
The Other Ten Men Continued Until
 Monday.
Bur ONE FOUND BONDSMEN THUS FAR
ctor David Marsh Was Taken To New Haven at ls0 B, of Cheshire Loop-Court Adjourned at l2:30 After the Gases of Ross Marsh and McGuire We're Concluded
 Stories Told By the States Witnesses.

Meigs asked him.
 Will I have to answer that?" wit ness asked, after a good deal of hesfta- ton.
 You will" said Mir Meigs.
 No, he will not, said MT Kennedy, Jumping to 44s feet and creating q great sensation by the manner of his declaration. "He certainly will not have to answer that"
 T will not answer 1t. then," he said.
 "On what grounds?" he was asked.
 Because 1t might incriminate me- was his answer.
 Officer keegan was then recalled, and he identified McGfuire and Marsh.
 Quinn was put on again by MT Ken nedy, and, brought face to face with Mcclure was asked if he saw Mcclure at any time on the night In question, and he said:
 II don't think l did"
 To MT Meigs he said he saw Mo Guire that night, because be saw him Ill the pool room. He told Colonel Burpee he did not know one man. He was asked, tnally, If he saw him on that night, and he definitely stated that he did not think he saw him. Joseph Kelly, another of the accused, was then called to the stand. He lives at 461 West Main street. He travelled the same ground as the other witnesses, but he differed from them in that he did not remember who was at Hurlburts shop. He thought there was more than three i'll the crowd, and he heard some one say something about taking an oath to keep silence.
 Mr Meigs tried to show that witness had made different statements to other people, but Mir O'Neill claimed It made no difference what he had said before or what statements he had made. Speaking about the crowd at the track. he said Marsh, Vandemark and Ross remained hehind. He did not see McGnire coming down the hill after the assault. He saw Marsh on the trolley track and Ross at Hurlburt's s before the assault. Witness saw the car crew throw up their hands and saw some forms on the car, but there were not more than two. It was rather dark and he could not see very well. He saw Merna and Morrissette on the ground, but saw no one touch them. He came to be in the crowd because he had heard in the pool room there was to be some fun with the scabs.
 Witness was cross-examined by Mir Danaher. Monday night. while locked up at the police station, Detective Dotids asked him to tell what he knew. Inducements were held out to him to do so. Witness told him he knew nothing about it. Monday night he was visited by Colonel Burpee and questioned by him. Officer Hickey also spoke to him. Colonel Burpee was the last who spoke to him. The interviews were held in the chiefs office. Sunday night he was taken to Sheriff Rigney's office and Rigney told him he would have to go to see Detec- tive Rogers at the Hotel Waterbury. Witness refused to go and Rigney told him he would have to go to the hotel or be locked up in the police station. Then he went to the hotel and had an 1 interview of ten minutes with Detec- tive Rogers. Last night Detective Dodds spoke to him again and told him that if he would tell all he knew l he would get him released. Witness was released last night, after telling his story to Colonel Burpee. He at- 1 tributed his release to Colonel Burpee. 1 He was asked how he knew Colonel Burpee got him out, and he said lie 1 had heard 1t Quinn was in custody at this time. Witness told his story in l order to get out, He was asked if he would tell anything to get out and he said he did not know whether he would 1 or not. He could not recall what mo- 1 tive or attraction 1t was that took him | to the trolley track. He heard said something about the trolieymen, but he saw no weapons nor heard any l threats. This finished with Kelly, and Stephen Ball was brought In. l He turned states evidence since last night He saw Marsh near Hurlhurt's shop. This was all the evidence taken l from Ball
 The state rested it's case here. Mir Meigs claimed that the three accused. Ross, Marsh and Mcclure. were all ] identified and that was sufficient. l Mir Kennedy replied He appeared particularly for McGuire.. and claimed l that the only evidence against him was l that he was seen on the railroad tracks alone and before the alleged assault.
 He did not think there was sufficient | evidence to hold his client for a jury in the higher court. He saw no req son why he should be bound over for assault with intent to murder, because he was seen on the railroad alone and away from where there was crowd Iof men. He asked the court to follow I the old reliable rule to think if there l was the evidence of one competent, reliable witness, before deciding the case. Would the evidence of any of the witnesses be taken in any other case. would 1t be taken even in civil case Me, ,Guire is entitled to the ben eft of q reasonable doubt. He is en- titled to at least the evidence of one truthful person, some reliable charac. ter before he should be bound over, and he was entitled to all Hhe safe I guards Of he court.
 Russell spoke for Ross and
 very hard that because a
 II in crowd of twenty or
 be bound over to answer