Waterbury evening Democrat., 1904-03-10


 asked the attorneys how they were 1 disposed to trying the case next week and the defense said they would pre- fer to have it go on in the regular way, that is go over after day to Tuesday. The court said he was dis 1 posed to hasten the trial as much as 1 possible and to that end would con- 1 t1nue the hearing tomorrow and come l ln Monday also. Defense replied that they would rather continue tomorrow than come in Monday and 1t was de- | clded finally to come in Monday l morning at II o'clock.
 l The court announced that he would
 allow the state to bear the expense of
 summoning the witnesses for the de- l fense.
 Morrfsette then resumed his place 1 on the witness stand and he was shown the group pictures of the troll ley strikers and asked to identify Vandemark. He looked at 1t long
 and closely and then pointed to figures in 1t as yandemark and Winnegar. The reference to the latter was struck out. second group picture was shown him, but he could make noth- ing of it and denied that he was shown 8 copy of either of them in Bridgeport, but admitted seeing one of them, which he could not say, in Judge Burpee's office. He did not re- l member seeing them in the hospital and here MT Danaher read from wit
 ness preivous testimony, showing that he testified the pictures were
 given him while In hospital. He did
 not remember seeing the pictures in the office of MT SeWell, manager for fla fro1 fIof Np ell said to him, Hook at these pie
 tures," nor did he remember testify ing at the first trial that he saw the pictures at MT Sewell's office. Tn fact his memory regarding the pictures or his testimony about them, seemed a blank. He could not recall his testi-
 mony regarding his Identification of Vandemark the first time. He thought
 he recognized Vandemark first, where as his testimony shows it was Winne7 gar he first recognized. An important l question was then asked witness: ] Were the lights out when the gang was kicking and punching you?" He said he did not understand the ques- ! ton and the proceedings were delayed 8 few moments in trying to explain I the question to him. Finally he said l the lights were out and he was bend- | ing over with one hand on the ground 1 when the last kicks and punches that
 broke two of his ribs were adminis- tered to him. MT Danaher tried to get from witness a description of the clothing worn by the man who gave
 him the last kicks and punches and after several fruitless efforts the | make what kind of clothes he wore. | N noY hnr, ia ho frv vir1ep fr cat | a description of the man and the court
 remarked that from the looks of the
 case now it would never end. Mir Danaher resumed and after getting | from the witness that the man who kicked him wore an overcoat, he was excused.
 l Frederick Pretat was then put on l to show that stones were put on the | track which the state claimed was a part of the assault and that the &C., cused was of the party who put on l the stones and committed the assault The jury was excused and the mat l ter argued as to Its admissibility. The evidence was allowed.
 l Witness was passenger on the street car bound for Waterville the night of the assault. Objection was made to his evidence on the grounds that it was immaterial and that the l complaint did not charge accused
 with damaging the property of the trolley company. It was overruled. John H. Bride, another passenger
 on the car, gave similar testimony.
 The previous witness was recalled and described the condition of the track where the stones were found at
 curve Neither witness saw accused
 about the place.
 Detective William Keegan was the next witness and he told of hearing shouts and finding Merna laid across the tracks, unconscious, placing him in the car and its return to the barn. Merna was put on after the detect i've. His evidence was simply cor roboration of Morrissette's, but more graphic and detailed, yet 1t lacked the fire but not the readiness with
 which it was told for the first tune,
 last June.
 The defense objected to question
 as to the effects of the assault and the court said the degree of the assault l was immaterial to the issue. Merna now lives in New York. He was en- gagged by Farley to come here and nothing was said, that he could re- 1 member, as to what pay he was to receive. He was anxious to get work and he came here with gang of eight or teu others and each had to pay his fare. On reaching here they were told the pay they would receive.
 He did not identify accused as one of the trio that entered the car, nor as
 one of the crowd of assailants. The pictures above referred to he saw in
 the trolley company's office in Bridge
 port, and recognized in it one of the trio that entered the car, but did not tell Morrissette. He was positive he
 did not see accused at the switch. Morrissette, he said, often spoke to
 him about accused, but could not say where.
 Wolcott came next. After his di- rect evidence at the previous trials was partly gone over. the defense be- gan to block his way to identifying
 Winnegar and the others with objec- tions The state was upheld osl al-
 most every ruling. A
 Even In greater detail than ever before Prosecutor Kellogg took witness oyer the exciting but now tedious