The daily morning journal and courier., 1907-10-26
DEFENSE NOW ON IN
 APPEAL Of MC' GEE CASE
Lawrence Phelan Testifes to Conversation Between Me- Gee and Boe at Lat
 ter's Room.
DUNN ON LATE IN THE DAY
Says Remark About Hendricks S Fingers Was Made in a
 Friendly Spirit.

The defense took up it's case in the I action of the appeal of Frank McGee in the common pleas court from the sentence for intimidation given against him in the city court, and the state rested it's case. The evidence centered about the conversation be- tween McGee and a man named Rob ert Boe, whom it is alleged an attempt was made to have leave his work here and go away.
 Lawrence Phelan was called and oc- cupied the stand for a considerable part of the afternoon session. He stated that he had introduced McGee Bradley house. He claimed that in conversation with Boe he had been told by him that he would like to get union card so that he would leave this city and go elsewhere for work. He told Boe that he would introduce him to a man would could fix him out and took McGee to see him. The con versation, he declares, lasted between five and ten minutes and while he was outside the room he heard all that was said. On crosse examination he stated that he could not remember everything that was said between the two, but declared when asked if Me Gee had threatened him he declared that nothing of the kind had oc- cured.
 Phelan testified that he had not seen Boe to speak to him after the occa- sion of the conversation. When ask ed why he had not had any conversa- tions with him on the subject of why he did not go away after the interview with McGee he declared that every time he saw Boe after that he was too beastly drunk to talk with
 After Phelan left the stand Henry McSweeney was called. His testimony related to the conversation with Hen drick. After he had been examined the defense put on the stand Dunn, who was on triM with McGee in the city court. He testified that he had heard McGee make the remark to Hendrick about losing one finger in Worcester and he had better look out 1 UT IlG WOuld lOSl ctiOlilCl AiOA Ot OQb tlC declared the remark was made in 8 friendly spirit and was apparently re- ceived in the same as Hendrick list ened to 1t with smile.
 l In the opening of the case yester- day morning David Clark was called back to the stand.
 In the direct examination late yes- | nFA riy on two different occasions McGee threatened to break his "-- neck' unless he left his employment as strike breaker at the McLagon foundry. l These meetings took place in Audu- l bon street On one of these occas- ions, he said, McGee asked him why he was working at the foundry and he responded that it was because he was without money.
 Attorney Kennedy then developed the Ifact that Clark had two weeks pay due him which his employers were keeping at his own request.
 I MeGee offered him $50 so he needn't
 work, the witness said, and made an engagement for that evening, which
 witness did not keep. He said he
 wouldn't have taken the $50 if 1t was
 rendered him.
 Robert Hendrick was then called by
 the prosecution. He stated that he
 works for the McLagon foundry and
 that he saw McGee the first day of
 his employment. On Sept. il he said
 he was with Clark.
 What did he say to your"
 On the cross-eXamination Senator
 Kennedy brought out the fact that the
 shooting off of his finger in Worcester
 was an accident.
 "In talking of the finger incident
 with McGee you were friendly?" Yes, sir"
 Robert Boe was called at this point He is an iron moulder, and works Q the McLagon foundry. He said h had worked there since Aug. 21. H : said he saw McGee Sept. 10 when Il , he was going from work. He was liv ing in the Bradley house in Stat l street. McGee came to his boardin place.
 Would Stay There. l "State all that was said" ''Ar. McGee asked me if I worke
 at the McLagon foundry. He aske