The Wichita daily eagle., 1904-01-24

impeach the girls testimony and show
I that she had sworn falsely at the cor
oner's inquest and that unless the state
was( allowed to ask the question, the
| girls statement would have to go to the
| jury and be accepted as a truth. when
in reality it was a base falsehood and
was only a piece of testimony manu-
factured out of whole cloth and which
the defense did not dare to let the light
of truth shine upon That it was manu-
factured to impeach the testimony OF
Inez Miller and If allowed to go to the
jury it would be accepted as truth.
Judge Wilson overruled the objection
and stated that the question was asked
in order to impeach the witness. That
| it had been the practice all through the
| case to draw out any facts in the case,
whether brought out in the direct ex-
animation or not.
The jury was then recalled and court
adjourned until 1:30.
When the afternoon session began the
disputed question was asked and Edith
Porter replied that she had made such
a statement
Was this statement true?"
Yes. sir
Did you testify at the coroner's in
quest that Flynn said. Put up that gun
and let's have a good ,ime'?T
| Yes, sir"
WAS that the truth, or the statement
that you made to Inez Miller?''
The last one was true
did not ask you this question: Was
there any trouble?' and you said NO.
| SIR"
Yes, SIR"
did you not say there was no trou-
bIe?"
Yes, SIR
WAS what you testified at the coro-
ner's inquest true?
| OBJECTED to and overruled.)
| Yes. SIR
"was the conversation with Matte
worley true?"
Yes, SIR
| Then what you testified at the coro-
ners inquest was not true?'
| mo. sir; it was not"
| Redirect examination.
who told you to testify that at the
coroner's inquest?'
| 'Inez Miller
What did she say?''
IF / didn't testify that way she would
| kill me-
What did she do afLerward?'
'.She licked me-"
Cross examined by Eckstein.
Were you ever at my officer"
mo. sir
case?"
no. SIR
Redirect examination.
The conversation 1 asked you about
| with Matte woriey was four or five
| days after the coroner's inouest?'
Yes, SIR"
r. r. Baker was then called.
He said: II am in the coal business now
ana live on West Douglas. 1 used TO
| live at Guthrie. left there about three
years ago. 1 was city marshal about
| three years ago. I knew William Flynn
! about seven years ago."
WAS his reputation good or bad?"
Bad"
did he usually carry a gum
Very often
Cross examined:
Ibid you resign your position there or
were you discharged?''
81 resigned"
W. A. Short was the next witness call
ed by the defense.
What was Mr.. Flynn's reputation?
Good or bad?''
Bad
Ibid you know him in the territory?'
"Yes, sir In FL Reno and Kingfisher'
WAS he quarrelsome?"
Rather"
Cross examined by Comfy.
What was your occupation?"
Carpenter
Were you ever a prize fghter?''
mo. sir used to put on the gloves
once in a while
Flynn was very big-hearted fellow at
times, wasn't he?"
''Yes, SIR
on?"
mo. sir; except when drinking
You do not know what his reputation
| was here. do you?"
mo, sir
| s. B. Amidon for the defense then in
troduced the following depositions: The
first was that of Frank f. Matter, a sa-
loonkeeper, taken at Guthrie. o. T.
Did you know VIM. Flynn!
Yes. sir He was a gambler
What was his general reputation?'
Bad, in my opinion. He was quarrel
some.''
Did he carry gum?
"I hav known him to carry gun"
Collected to and sustained)
Cross examination:
when did he live here?"
Seven or eight years ago. He was in
| Guthrie severa. times in the last four
years.
| The next deposition was that of c. c. NJ.
Miller saIoonkeeper Of Guthrie.
II knew Flynn when he resided here"
when was that?'
About four years ago"
What was his general reputation
Bad"
| what was his general character
"Quarrelsome"
! The next was that of Robert s. Reeves,
! a saloonkeeper of Guthrie.
~ knew Flynn ten or twelve years.
| His general reputation was always bad.
What was his general character
He was quarrelsome"
Eckstein cross examined.
When did you last see hn?"
-Four or FIVE years ago."
Then your testimony as TO his reputa-
ton was when you knew MIN five or six
years ago7''