Waterbury evening Democrat., 1904-03-15

uemark Dy Attorney henneuy requesting copy of Vol cott's evidence and the cross ex- animation of Ball, at the expense of the state. The court said he had all ready ruled on that point, that is, he declined to grant the request, but seemed to satisfy the defenes. Michael J. Ryan was then sworn and examined by Mir Root He ad- ! mitted knowing accused before the trolley strike and was the first of the boys to make this admission. His di- rect evidence was piled up on that of his fellow prisoners, and was stronger than theirs on account of his acquaint- ance with accused on and before the night of the assault And concern ing the actual assault he said he saw all of those who have been men toned in connection with it go toward the switch, except Clifford vande- mark. Harry Warren and James Ennis. In MT Roots hands witness had smooth sailing, but his trip with Mr Hamilton was decidedly rough He got him to admit that he has repeat edly said under oath he did not know who were at the switch. and that not until a month ago did he mention ac- l cused in the assault. and this he said to Judge Burpee and others. Further in his testimony he auaH- l fled this statement, saying that while l he knew accused he did not know his name at the time of the assault MT Hamilton read his evidence in the first trial, showing that he identi- l fed only two of the strikers, Ross and Brearton. ES did not think he so tes- 1 tified and admitted that in all his evi- dence and not until quite recently he | did not mention accused in connection l with the assault. Tn his own trial he told all he remembered and told it trlthfully.
 He did not remember testifying in that case that he replied to MT Kel- logg that all he could recall seeing at the switch was Ball and Kenney. The state claimed MT Hamilton did not read correctly from the evidence and Mir Hamilton said he was not quoting the evidence. Ryan said again that he did not remember so testifying and that if he did so testi- fy he must have misunderstood the question. He could not say now if he meant by that answer that he did not remember seeing anyone at the switch but Ball and Kenney. MT Hamilton read further from the evil fTence, showing that witness testified last fall that he did not recognize any of those who were at the switch.
 Ona by one the names of the boys were read off his evidence. showing that he did not see any of them at the switch; that it was too dark to recognize anyone. He now testified they were all there. The statement he made to Judge Burpee he did not swear to, but to the one he recently made to MT Kellogg he did, before a notary public.
 Like the other boys, witness did not know MT Meigs was coming and had not sent for him. Ball told him that Mir Meigs had come. Mir Meigs asked him if he wished to make a statement and he said he did not, but would make it to MT Kellogg.
 'tBut you had told all you knew In court at your own trial?"
 "Yes.''
 "What more was there to tell, then? Did you add anything to it? What did you add?"
 q just said their names. F did not know them before
 "When did you learn their names?'
 "After the trial in the city court"
 s'Well, then you knew them last fall"
 "Yes. but I was told not to tell" Laughter, and the court notified the sheriff to preserve order and said that if another interruption occurred some one would be removed from the room.
 MT Root then proceeded to get wit ness to acknowledge certain questions in the first trial which he had de- clined to answer, and MT Hamilton released him for a while only.
 To MT Hamilton witness said he was not angry at the trolley men and was not treated fairly by them. He corsceived this impression after his going to jail.
 Joseph Kelly was the next witness and hfs direct evidence did not ma teriaaly differ from that preceding. Fla was cross examined by Mir Ken nedy.
 His direct testimony in the last trial was read to him, part of which he remembered. He did not think he said there were six or eight i'll the crowd at the switch. but would not deny that he said 1t. There were other parts he also failed to remem- Der.
 According to his testimony he was merely spectator in the assault and not once did he mention accused,s name.
 He did not remember saying. under cross examination by MT Kellogg that he said he was sworn to tell the truth and all the truth, but he did not remember adding to that statement thar he did tell all the truth and that if was all that he could remember.
 Witness made a statement in jail, the same. he said. that he made in court last fall.
 sWhy did you make that statement in .iail?"
 aBecause the other fellows made one"
 "Why?"
 "Because l thought those fellows, the strikers. ought to be in Jail as