New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1907-02-06
DIR. SIMPSON TESTIFIES
HARD DAY FOR PRISONER.
Dentist Under SeUere Examination
by Prosecution.
IBy Telegraph to The Tribune. ]


Riverhead. Long Island. Feb. 5.-This
day of surprises in the murder trial of DR..
James w. Simpson, the dentist, who is on trial
for shooting his father-in-law. BARLEY T. Hor-
ner. at NorthpOrt year ago. DR. Simpson took
the stand I'm his own defence. Under the grillinS
fire of District Attorney Furman, the witness
became badly muddled. Three gun experts
planned that the Earring OF the gun, as described
by the prosecutions witnesses. might easily
disturb the mechanism OF the gun. that it
would easily go Off The experts also strength
ened1 DR. Simpsons contention that he was
breaking apart swapping together the bar
rels and the stock when the cartridges ex-
ploded.
After these statements the defence took fresh
heart. following the poor showing made by the
prisoner. Then a friend Of the Horner family.
a new witness. who had been the first TO handle
the gun and cartridges after the shooting. failed
10 recognize the shells in evidence. He said he
knew the shells shown to him were not the
original that had been in his possession.
Those in his possession he said, yellow.
while the exhibits were red. The prosecuting
attorney tried in vain to discredit the witnesses
testimony.
The witness s. Ettinger Frank, a brother of
DR. Isaiah Frank who is a gun expert for the
prosecution. will be recalled for further exam
inaton by the District Attorney tomorrow.
IN the courtroom this evening.
Il went TO the Horner home the night OF
the shooting" said Frank, and when I re-
turned home I took the gun. with the exploded
shells in the barrels with me. After reaching
the house TO which I was accompanied by my
mother and my brother. Or. Frank I removed
the shells and examined them. replacing them
perhaps five minutes later"
Il show you these shells and ask ~ those were
the shells in the gun barrels" said Mr.. Manton.
handing the red shells TO the witness.
These are not the shells. These are red: the
shells I saw and handled We're yellow" said
Frank
Manton then asked the witness II Mrs Sinp-
son had said anything the night OF the shoot
Ing about her husband looking through the gun
barrels. Witness was not permitted TO reply
The court spent some time examining the
witness regarding the color of the shells Frank
was certain that the original shells were yellow
asked the District Attorney.
/ paid my own carfare and expect to pay my
hotel bill. shall be paid nothing for my testi-
mony, replied Frank.
DIR. Simpson. In his direct examination retoId
with greater detail his account given before
coroner Gibson at the inquest on December 2S,
1905, the day after tho shooting. He also testf-
ned regarding his financial condition. He adj
mttted playing the races occasionally His
relations with Horner. he said We're friendly
They frequently went fishing together and PLAYED
cards. billiards and pool, he said His back was
partly toward HOrner he continued, when the
gun went off. He said he did not know whether
Horner or Marion Walsh. the servant was shot
untll foTner threw up his hands and cried: MY
God, doctor. what have you dOne,-
Dr. Simpson said he had nearly killed the
horse driving for doctors. Under cross-exarnina-
ton he denied having been convicted for stab
bling man In Texas. telling Mrs. Hanger or
her daughter, that he had stabbed anyone He
admitted his signature to the sworn statement
before Coroner Gibson, but did not explain the
variance between statements made then and
others made to-day. DIR. Simpson appeared ex-
tremely nervous during the latter part OF his
examination. The defence Is expected 10 rpst
tomorrow afternoon, and verdict IS looked for
some time Thursday.