Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1904-11-29

Lawrence, one of Mr.. Boardman's
partners. and Judges Obed Caswell and
G. w. Burnham. BY these witnesses
the defense attempted to show that the
contentious of Mr.. Boardman, as to
the controversy over Gunder Thornes'
testimony was made in court ana phat
the objections, as inserted in the cor
rected transcript, were made In court.
(After Thcrnes' testimony is where the
insertions In the reporters notes are
made.)
Mr. Lawrence, on the witness stand,
was very sure that MI. Boardmans
contention was correct Judge cas-
we'll testified as to being in the court
room at the time, and hearing talk
with reference to the admission or the
testimony of certain witnesses, read
from the transcript of their evidence,
taken at the former trial, but he did
not know whether that controversy
arose In connection with the evidence
of Gunder Thornes or not. Judge Burn
ham was very indefinite in his testimony
on the witness stand, and had no posi-
tive recollection of the incident.
Mr.. Binford's Testimony.
In rebuttal the prosecution put Mr..
T. Binford on the stand, and he tes-
titled that he had been informed by
Defendant Boardman at one time prior
to 1904 that the transcript Of evidence
had been sent to Miss McKinnon's
home at Cedar Rapids for changes
which she wished to make, but that he
had never been informed of the nature
of the changes, being left to suppose
that the reporter had failed to trans
cribe some of her notes which were
part of the record. Some time later
he had discovered several pages to
have been slipped into the transcript
and, upon comparison with the short
hand notes thru the aid OF Miss Anna
Healion who succeeded Miss Mckln-
non as court reporter, he had discover
ed parts of the transcript contrary ana
opposite to the notes, and also certain
shorthand notes that seemed to have
been interlined at a subsequent date
and in a different colored ink. He IN
sisted that this was the first knowledge
he had ever received of changes in the
shorthand record itself. On cross-ex-
animation by Boardman he was not
shaken and failed to exhibit the malice
desired to be shown by the defense.
The prosecution also offered In re-
buttal the resistance which G. II. e.
Boardman had made in the supreme
court, and again In the district court.
to the restoration of the records thus
changed by Miss McKinnon under his
direction, which restoration was final
ly made by Judge Burnham and severe
censure of the attorney delivered by
the court. This was done to answer
defendants contention that he had
always agreed to the restoration.
Miss Mckinnon Mont Used.
Owing to the state of Miss McKin-
mons health she was not used as wit
ness and returned to Cedar Rapids
Monday night. The prosecution deems
that sufficient evidence was introduce
ed in the correspondence to show how
the alterations were made. Had Miss
McKinnon been used as witness the
prosecution would have attempted to
show that she made the alterations un-
der protest, and that she had never
done such a thing before. She would
also have been asked regarding sever
a, of the letters that were used as evil
dence.
Returns to Waterloo.
Judge Platt, who had been hearing
the case, returned to Waterloo this
forenoon. 1t will probably be several
weeks before any decision in the case
is given.