Waterbury evening Democrat., 1904-03-16
DEFENSE CALLS WITNESS
Hrs. Marsh Put on the Stand Late
 Yesterday Afternoon.


 superior court has come in sight. Un- expectedly. the state closed yesterday afternoon with James Whittte, who was supposed to be it's strongest wit ness, whereas he turned out to be 6 Dig nzzle. He knew nothing what soeyer about the case.
 Thomas Quinn was a positive wit ness. He was on the stand at press hour yesterday and was having a pas sage at arms with Mir Hamilton over his testimony in the first case.
 Weren't you concerned in the as. sault and did you not refuse to tes- tifyg' he was asked
 T refused to testify" he said. ssbe- cause was so advised"
 good deal of his testimony in tha first case he denied. and he was as positive that he did not give 1t as the records had it as he was that the ac. cused was at the switch the night of the assault.
 Mr Kellogg undertook to show why he refused to testify, but MT Hamil- ion objected. claiming it made no diff ference who advised him not to tes- tify, an view of the fact that he was advised by Judge Thayer to answer or not, as he pleased. as that was his privilege. Mr Hamilton tried to show that it was because his testi- mony would tend to dncriminata him he refused to testify. The question was ruled out and James Ennis was called
 Ennis went over the same ground covered by the other witnesses fin their direct examination. He was the only one of the boys who testi- ned at the first trial. He saw the acused in the popl room and at tue switch, but could not say if Marsh was there as he did not know him.
 The cross examination was con. ducted by Mir Kennedy
 At the first trial he said he was non sure that the crowd put handker- chiefs on their faces and also that he could not name any of them That statement he now said was true. He said he was tried last June, a state- ment that surprised Mir Kennedy. The question was repeated, Mir Ken nedy remarking that he did not wish to take advantage of him and again Quinn said he was tried. The court spoke to him, but he still said he was tried and acquitted because he stuck to his word.
 He said 1t was MT Kellogg who ac- quilted him. His examination ceased then and James Whittie was put on the stand. He said he had been sick since last October. His Testimony did not increase the load on Vandemark's shoulders because he said he did not see him at the switch on the night of the assault. He was sure he did not see him. He was asked if he saw the man sitting between Mir Kennedy and Mir Hamil- ton at the switch or in the crowd. Defense objected, but the question was allowed. Witness, after ponder ing moment. said he did not. Whittie, who still bears evidence of his long illness, was not cross exam ined.
 The state then rested and a short recess was allowed to give the de- fense time for a conference. Urn resuming, Mir Hamilton announced he would place Judge Thayers charge to the jury in the first trial in as evi- dence. The state objected. claiming the two cases are entirely different. and the objection was sustained. It was then offered as a part of the rec ord of the first case and again 1t was ruled out. Mir Hamilton then of fered 1t to show 1t was explanatory of Wolcott's testimony and of the issues before the court in that trfal Again 1t was ruled out. Exceptions were allowed on each ruling. Thorpe's written confession was then intro duced as contradictory of his evidence under cross examination. Thorpe sad yesterday that the confession con tained all he knew of the case. Tie state objected to 1t, claiming 1t was not contradictory. MT Hamilton pro- ceeded to tell what it did not contain. that is, that Thorpe testified that the accused was at the switch and that he said something at Hurlburt's shop about putting handkerchiefs on their faces. Tn fact 1t contained no men, tion Of the accused. The matter was held in abeyance for the time.
 Mrs Edith Marsh, wife of David O. Marsh, the other accused. was then sworn. She testified that on the night of the assault she was at her sisters house on Farm street that she went there with her husband about 8 clock.
 MT Kennedy, in reply to Mir Kel- lOEE, SUld IN1S oVlueuCS was HlJfu- duced to contradict the evidence of those who testified Marsh was at tha switch. Her two sisters, herself and her husband constituted the party. They stayed till II o'clock. Sffs knew the night was February 20 be- cause the night before she was at n birthday party next door.
 Under cross examination she said her attention to her husbands where abouts was first called a. short time after the assault. someone having told her that her husbands name was mentioned in a newspaper in connec- tion with the assault. For moment or two MT Kellogg succeeded in con founding witness as to her previous testimony on that point. First she said she did not mention newspaper, then she said she did and stuck to that answer
 She was sure she heard her hus- bands name connected with the as- sault before his arrest.