Waterbury evening Democrat., 1903-06-09

tache, and after some difficulty wit ness replied that it was about the same. His derby hat was also about the same as the ordinary derby hat | and he was asked if he could identify accused by that alone and the answer was No"
 The question of the moustache was returned to. Witness was reminded that his own moustache was dark and he said at first that he did not know; then that it was not very dark. He was sure, however, that the moustache of the man he saw in the car was dark CT than his.
 Anything else about this man that l would enable you to identify this man againY'
 Yes, his face, his nose, his nostrils.' I Then he began to describe these. He said the mans nostrils were round and there lie stopped for some time. Re stunning, he said that the mans face appeared as if 1t had not been shaved for two or three days and his ears stuck out. That was all he remem- bered.
 Are you friendly towards these menp' meaning the accused.
 He did not understand the question. Finally he said he was not mad" at them, but he recognized two of them. He did not tell Farley or Sewell how the men he saw at the switch looked, neither did he tell Dodds or Rogers. While he was at the hospital he told someone whom he thought was the chief of police. He made no written statement nor in what he did say did he tell anything about any mans moustache, ears or hat. He was shown some pictures and from these he identified the men. He said he did not recognize i'll the picture any of the men who assaulted him, but to the previous question he said he told Chief Egan while in the hospital he did There was so much difficulty in mak- ing Morrissette understand that he tired out MT Danaher and Mir O'Neill took up the examination and the en- trance of the three men to the car was taken up.
 Witness said that as he was going out at one end of the car he was met by man with a pistol who told him to go out by the other end. He did not h4OW IVY ACAC A1EI116 NGtS Eb EAAAL LIIl1N. There was no one in the car or on the rear platform he said, when he start ed to go out on the rear platform Then he said he did not understand and the question being repeated he said there was a man on the rear platform. This man was not Merna, nor could he say he was any of the accused.
 He was sure he saw no brass knuckles in the crowd. Witness was on the ground, which was quite level, when he was struck. He could not say where he got the first blow. That blow felled him. He tried to get up to run away, but could not.
 Witness said he could not under stand. MT O'NeiIl asked witness if he meant to say he would not answer him, but would answer the court. MT Will liamssobje MT O'Neill claimed he was right, and the court said he thought MT O'Nei1l was getting along pretty well until MT Williams inter rupted him.
 Resuming, witness said he was struck and kicked a few times, then they ran. Witness then got up and looked about for Mernd. When the attack began the lights were on and when it was over they were off.
 He said he did not recognize anyone outside the car. The only one he re- cognized was the man who entered the car with the pistol. Before the lights were put out and while he was on the ground he saw three or four run away. There remained eight or nine kicking him. Of these he identified Willis Vandemark. The court ordered the mans name be entered on the record and allowed an exception to MT O'Neill, who objected to the ruling. The last man who kicked him gfasped him by the shoulder also and, calling him a name, said: 'If you don't leave the town I've a good mind to kill you.'' He could not say if he had testified to when asked again said he did not un- derstand.
 Upon getting to his feet after the at tack, witness said he looked for Merna and found him laid across the tracks. MT O'Neill objected to the answer, claiming it was not responsive. MT Williams held it was and appealed to the court. MT O'Neill objected to MT Williams making such an appeal be- fore the jury and asked that he be pro- hfbfted from making the like again.
 The examination being resumed, wit ness said at first he could not say how far he had looked for Merna, whether mile or d quarter of mile. MT O'Neill reminded him that he claimed to be able to recognize a man by the curl of his ear, yet could not tell whether he had searched a mile or what distance for Merha. At length witness said he went about 200 feet and then he found Merna. He tried to raise him up and get him to speak, but he did not answer. Witness left Merna there. He was pretty weak himself and started to meet the car go- ing toward Waterville.
 The chief of police showed him more than 20 pictures. He did not point to any one of them as men he saw at the track.
 He said that when he found Merna his body was on the main track, his