The daily morning journal and courier. [volume] (New Haven, Conn.) 1894-1907, 1906-06-29


shown against Murphy.
Mr.. Judson said; "You are not be-
fore a jury now"
"No but am before the court, " said
Williams Murphy was Durants chos-
en- companion and co-worker.'
The question as to when Mr.. Du-
rants confidence in Murphy was
shaken was brought up, and Mr.. Du-
rant stated that it was after he had
heard Of the charges he had made
gainst him.
Mr. DUrant was excused shortly be-
fore / o'clock, and w. H, Funston, de-
tective sergeant Of New York, took the
stand. Funston was subjected to a Sc
we're cross-examlnation by States At
torney Williams. In his direct testimo-
ny he said that in 1900 he had received
a letter from Durant in which he asked
for a private detective in order to do
some shadow work in waterbury. Fun
ston spoke to Captain Formosa about it
and he consulted another detective,
Sergeant Peabody, who secured Muir
ply. Funston said that he and Pea
body with Peabody's brother, took Du-
rant to Murphy's rooms after he had
made the deposition against Durant.
Funston asked Murphy why he had
made such a statement, and he said he
| was sore on Durant because Durant
owed him money The other side had
| offered him money to do this, Murphy
said. Murphy told Durant in Funston
presence that he would straighten it
out by makings a full confession and
suggested that they send Rogers to see
| him, saying that if Durant would pay
the $50 everything would come out all
right.
Did Murphy !. at any time tell you
that his testimony for the other side
was untrue?"
He did" said Funston
When Funston was cross-examined
by State Attorney Williams ne said he
had known Durant about eight years
He was asked how he happened to in
| terest himself in the case and said
with a shrug of his shoulders, why
because l thought an injustice had beer
done Durant." q
why did you shrug your shoulders?'
asked Mr., Williams. u
oh habit, suppose"
You are an American, are you?"
Eyes, I am"
You are the gentleman selected to
attend all the celebrities that visit New
York;"
Yes, SIR"
Funston had said in his direct exam
ination that he had been an attendant
to President Mckinley, President
Roosevelt and other notables in New
York. "A picture of Murphy was intro
duced by Funston from the Rogues
gallery, which the court ruled out. He
! stated that Murphy's reputation in New
York was bad.
Then Mr.. Judson said: "Mr. Fun.
ston, have you ever been characterized
as cattle by any of the courts of New
York;"
Mr.. Williams said: Il object to that
J question"
Eyes, but you characterized the other
witnesses from the police department in
New York the other day as such" said
Attorney Judson.
Yes, but didn't so characterize this
witness"
with this apology, then, I will with
draw the question" said Attorney judi
son.
Il don't apologize, sir" said Mr.. Will
liams.
"Don't belittle your apology now, Mr.
Williams"
AT this stage Judge shumway ad-
journed the court until 2 clock,
Word was received yesterday after
noon that Attorney John O'Neill would
take the witness stand to-day. Attor-
ney Judson stated that the reason he
was wanted was to rebuilt the testimo-
ny offered by Colonel Burpee that he
had never told Mr.. O'Nenl that he was
going to have Durant disbarred if the
Lathrop case was not withdrawn.
When it became known that Mr.
O'Neill was to appear State Attorney
| Williams told the clerk to notify Colo
mel Burpee also to appear to-day. Mr.
Lathrop will also be on hand. 1t was
stated that Murphy has been located ir
New York, and it is understood that
attorneys for the state and for the de-
tense would go to New York to-day
when another deposition will be taken
from him.
The first witness yesterday afternoon
was Attorney 7. e. Rogers. He told Of
an intervitw with Murphy in which he
! claimed he was sore on Durant and that
he had made his deposition against
Durant for the purpose of getting ever
with him. While he heard Colone
Burpee say he would attempt to have
Mr.. Durant disbarred, he never heard
him say that he would bring these pro-
eeedings if the Lathrop case was moi
| withdrawn.
James G. bunny sale it was possible
to see from the windows Of his office or
the east side of Bank street into the
Lathrop apartments opposite. Murphy
had said in his deposition that he saw
acts of infidelity on the part of Lathror
and Mrs. Delkescamp from across the
street.
The first witness of the Afternoon
session vas Theodore Rogers. VIII