New-York tribune., 1908-12-20

One of the witnesses. D Macwrey. who hveS
within earshot OF It'd" Burton, one OF the oeIenu
ants displayed poor memory when called lot 'iie
state to-day Finally Attorney General Calo"e
asked him II since testifying before the gram
turv the witness had been threatened with desuh
IL he testified the trial The defence onJecteo ai
less the threats were made by the defendants Ahe
state admitted that they were not ana lhe Cout'
ruled out the question.
One OF the important witnesses to-day was
Charles H Russell. Of ]. F. Russell ths nIS'
Juror chosen. The elder Russell was excused De-
caused of the relationship. Charles Russeh auiiii'
ted that he was a night rider, and that ne was III
duced to Join the by Arthur Cloar. one OF the
eight on trial Russell not at the Rankin muir
der The defence objected to his testimony oecau'o
It did not concern that murder. This orousht oi
an argument The state held that the murder Oh
Rankin was simply part OF gigantic conspiracy
to commit many crimes. The court ruled with the
state and permitted the witness to testify
DEATH. HE'LL AND DESTRUCTION.S
Young Russell said he was approached By Cioar
several months before the killing, mask was
given to him and he was told to go to a = GER
tain spot in the woods. armed. that night he
did not want TO Join. but they made him. one
of the men shiny things" on his mask
and was the leader. Russell said he was told that
II he revealed anything upon the riders DEATH
held and destruction" would be his portion.
That same night they went old Fagin's
house took Fagin into the woods and whipped
him with a leather strao. He learned next daJ
from C7oar' that the who swore him IN was
Fred Ptncon one Of the eight now on trial on
another night when another man was whipped
Frank Ferringar, who has turned states evidence
was captain There was different captain almost
every night Fagin whipped because ne "ouAu
not work and sold his w1fes chickens.
Following his caution to the press yesterday
not to print the testimony in the Night Rider
cases. Judge Jones to-day cautioned the ministers
OF the local churches not to refer to the cases in
their sermons tomorrow, since the jurors might
be present He took further action regarding
the press although he conferred personally with
the correspondents OF several state papers, I'M
pressing upon them the necessity 'of following
out the courts orders.
When court adjourned this afternoon until Mon-
day the state had nearly completed its case On
Monday II will put Frank Fehringer on the stano.
He says he was present when the murder was
committed and knows the name OF every man VINO
was present After that the state will merely MI IN
with corroborative testimony The defence VIII de-
pend solely on alibis. and for that purpose has
summoned nearly hundred citizens OF the Reel
foot Lake district testify as the whereabouts
OF the indicted men the night Of October 4s.
The state, through the evidence presented thus
far has identified only OF the eight as present
the night OF the murder. Garrett Johnson 1lo
Burton and Boy Ransom. 1t depends on Fehrln-
ger to identify the others FehTinger probably Will
be on the stand all day Monday, and he Is expected
to reveal the oath. signs. passwords and the ritual
OF the riders. Unusual precautions Will Do TAKEN
IN the courthouse while he is testifytng, 20 make
cure that there is no demonstration against him