The Wichita daily eagle., 1904-01-24

"At his request?"
Not exactly"
Were you in the room when the shoot
ing occurred?"
II was in the room, but did not see
the shooting 1 ran before the shooting
took place
Did you hear the conversation before
you left.
Eyes sir
What did Flynn say?"
Told Balm to put UP the gun"
What did Balm say?"
"Said to go away and leave him alone"
WAS Flynn angry?'
q don't think so.''
did you hear Flynn say he would shoot
the lights out?'
Eyes SIR
Have you talked to Inez Miller since?"
''Yes sir"
testify that Flynn had a gun and if you
do it viii clear Bain?'" I" Objected to, and
question withdrawn.
did she ask you what you were go
ing to testify to?''
''YeS sir
Didn't she say in reply to your an
swer. You will testify that Flynn had a
gun and that would clear Bain?''
Yes sir"
Cross examination by Eckstein.
did you talk to Sutton and Woods a
few days after?"
II talked TO Mr.. Sutton
When did you leave haez Miner?'
During the street fan"
Ibid YOU see the shootjng?"
mo sir
did you see Flynn with gun?'
''Yes SIR
"When?'
"Soon after they came In"
Ibid you tell Harry Sutton that it was
Bain's gum"
mo sir"
"Will you swear this to the jury?"
Yes SIR
Did you hear Flynn say he would
shoot out the lights?'
Yes sir
Are you acquainted with Bain?'
''Yes sir
Where did you see him?'
"At the houses"
"At WHOSE"
"Inez Millers."
did he ask you to play for him."
.Yes sir. He often did,
Where were you when the shot was
fired?"
Il don't know"
Did you see gum"
Yes sir Balm had it by his side"
How long did you SEQ Balm with a
gum"
IT don't know. I wasn't paying at
tention. Mr. Flynn came in and called
Balm all kinds of names and told him
to put UP the gun. Balm said, please
let me alone and I'll put up the gun
1 heard Balm say as 1 ran, WIZ. don't
make me do It. Then Flynn satd, If you
shoot first and don't get me. III get you
whether you shoot or not I saw Flynn
draw back his right hand and shake his
left finger in Bain's face"
did you tell Harry Sutton you knew
nothing about the trouole?''
No SIR
did you tell Sutton you were looking
over your shoulder at Balm most of the
time?'
mo SIR
How long were you out Of the room?"
Five or ten minutes to open case of
beer"
Then you were not in the room when
the gun was cocked?
mo sir L did not hear it."
Edith Porter was called next.
Lived with Inez Miller, did you?"
Eyes sir
did you have a conversation with
in,
room a few days after the shooting?'
''Yes sir"
Did she say she had given Flynn his
gum"
''Yes sir
did you tell her that Flynn said to
Rain. -. you think you're gun
fighter. You shoot and III get you. II
YOU don't shoot I'll get you anyway
Yes sir
..You told this to Inez Miller?"
ITO Matte worley but Inez was In
the room at the time"
Cross examined by Eckstein.
.'You said to Inez Miller that Flynn
had said these things?"
Did you say to Inez Miller that
Flynn had called Balm vile names and
that Balm said for him to go away and
he would put up the gun; and that Flynn
said: C you, you think you're
gun fighter. If you shoot. I'll get you
and if you don't I'll get you anyway? ?"
II said il to Matte Worley.'
did the conversation take place at
Inez Miller's house that night?'
Objected to by Amidon on grounds OF
improper cross examination.
The jury were excused for five minutes
while the attorneys argued this ques-
ton.
The argument following this was very
heated
The defense contended that the state
had no right to question any OF their
witnesses about anything that occurred
that night at Inez Miller's except what
was brought out in direct examination.
That it was not a question as to the
truth of the conversation but merely
whether Edith had made such state
ment TO Matte Worley or not. That II
was a we'll known rule not 10 bring out
in cross examination any facts not
shown UP in the direct examination. At
torney Comfy for the state then argued
that the question was asked merely to
DOCTOR FED HIMSELF.
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