Newport daily independent., 1903-02-10
TESTIMONY CONCLUDED. (Continued from first page

(Continued from first page.)
 edly statements quoted from his t es timony in hearing of application for bail, that he had not thrown h1s coat down because it would be near route home, that he had stated then that Ball and Cole remained in the house six or eight minutes, that he had placed himself in the thicket to await their coming out, all of which formed a part of the defendants tes- timony in the hearing of the applica- tion for bail.
 Defendant stated that Mrs. Cole was formerly a Mrs. Cans, that he had stayed at the hotel of Jno. Cook, but denied that he had there had improp- CT relations with the woman. Witness denied Cole had sent a messenger to him, asking to arbitrate differences. Upon redirect examination, defend ant denied that Floyd Thomas had told him that he could find Cole at the Thomas home, stated that he had tried to compromise matters with Cole, but Cole had sent word that he did not want an agreement but want ed to kill him. When excused m further testimony the defendant had occupied the witness stand just one hour and half.
 BEN THOMAS.
 Ben Thomas, of Richwoods, stated that with Newt Vance, he tried to arbitrate difference between Cole and Johnson but could do nothing because Cole refused to sign same unless he could name the terms, Cole didn't want settlement because he was going to kill Johnson anyway, this took place two days before the killing. On cross examination, witness stated that Cole wanted Johnson to put up all he had as a guarantee that he would not come around Coles home On redirect examination, witness stated Cole bod told him he objected to the small attentions shown his wife by Johnson.
 FRANK MILLS.
 Frank Mills, of Richwoods, told of a conversation in store, in which John son told Cole if he didn't fix the fence he would have to move off his place. Cole said he had moved on the place to make d crop and would stay if he had to kill Johnson. The defense then rested it's case, except for evidence to be brought out in rebuttal and the court being anx- ious to push the case through as speedily as possible, thought night session advisable and took a recess to 7:15 p. m.
 FAREWELL HOWARD. When court reconvened at TAO, an examination of the witnesses of the state in rebuttal of the testimony offered by the defense, Hartwell Howard was first called. Upon being asked what he had heard Johnson say to Cole prier to the killing, he hesi- tated in his reply. At this point Attorney Jones objected to the per sistent questioning of Attorney Camp bell and stated that the witness had told the attorney in question he knew nothing. To this MT. Campbell re- piled in charging that MT. Jones had sought to take the witness away from them in the ante-room. This Mir. Jones denied and the controversy became quite heated, the judge taking a hand, overriding the objection of the defense. Witness stated that Johnson had said improper relations existed between himself and the
 woman in question while the wife
 of Cans.
 JNo. D. COOK.
 Jno. D. Cook, of Newport, testified
 that Johnson spent the night at his
 house two years ago with the woman
 in question and improper relations ere observed.