The sun., 1909-01-07
MORTGAGE LOANS.
MONEY TO LOAN
On Manhattan Real Estate.
Low Fees.
MOOYER & MARSTON,
26 Exchange Place.

club. Mr.. Darrin scored on two or thret
small points through this recital. but
did not change the situation materially.
tho whs.s fl1s. shosss we're you when you heard
Il heard five or six shots together as
1 ran down the runway
viii you swear that you did not ask
Funke where Aunis WASP
Before Mrs Annis was pointed out
to me2 | certainly will, II Mr.. Funke
testified that ask ed him such a ques-
tion he testified falsely In answer TO
the question How did the shots sound2"
the prisoner said Like that. and clapped
his hands rather rapidly and in regular
succession.
Like bunch Of firecraokers?"
"N9, sir, like regular fir,ng-as soldier
a soldier of the Regular Army, you
mean not member OF the militia?'
The Justices gavel answered this.
Mr.. Darrin then spent much time try
ing TO pin the witness down to definite
statements in matters Of time and dis.
tance, but the witness fell back on Il
don't know and forced the prosecutor
TO add ITO the best Of your recollection. I"
or some slioh qualifying phrase, when he
would answer readily enough. One OF
these answers was
! To the best of my recollection the
firln3ceased about the time ! landed on
| Did you hear any shot fired by Peter
| G. Hams after he came out from Under
! the BOOM
u don't remember anv'
80 all the shots fred that dav were
/ fired behind the sail?"
y es. think So"
Wi fha
have testified that the final shot was
fired through the sail. The witnes
also testified that he saw no one at all
during the shooting-that his brother
had been behind the sail. The prose-
cution's witnesses had told of seeing the
Car tain 5 body while the firing was going
I on.
When my brother rose no saw big
man, John Tonning. as | have since
learbed. run across the foat and strike
my brother My brothers gun dropped
to the flost When Tenning raised his
hand to strike my brother again | got
there and jumped between
At this point Justice Crane called for
and all, Mr. MoIntyrs said he would
rather have the magazine left out. Il
LIesune IL il empty" said the Court.
N1lt may be and il may not be- Mr.,
Mcintyre rerlied.
Justice Crane Sked q que ,tion or two
on his own account. and whoa he had
finished Mr., Derrin beg0u:
Now went to ask the witEe,s some
quc'tions
Aren't you doing it, the Court broke
in
Il wanted to- but understood the
Court was asking questions -
Il was and ! have right to and |
won't take instructions from you, nor in
reference, either. Go on.
This tilt over the prosecutor asked:
who was menacing your brother most
seriously at the moment you jumped in''
And YOU didn't draw your gun on
him?-
NO. sir"
And you didn't wish the jury 10 under
stand that Roberts pointed the Captains
gun at youE"
He picked il mp and the muzzle Of il
was pointed at me. l wasn't going To
have a conversation with him about his
intontions.'
Mr.. Darrin then wanted the witness
to repeat what he had meant when he !
had told Roberts Il probably saved your
life" The witness said he meant that
the Captain was crazy and he didn't /.
know what he might have done-that he .
might have had half a dozen pistols or
knives on his person for all he knew.
This appealed to Mr.. Dsrrin's mood and
he kept pounding on it until finally the |
prisoner explained at some length and .
patiently that he had used the expression
merely to indicate his lack of knowledge ,
Of what his brother had in his pockets.
You never have been in fear OF your
life from your brother. have you?7
Il think ! have testified that | was a
little nervous once or twice
MIR. Darrin repeated the question.
Il don't remember ever having been in |
fear OF my life from any body or anything,
the defendant. looking at the
questioner as il he meant it,
Have you ever at any time since
August 10 asked your brother where and |
when he got the gun with which he did
the shooting.''
NO. sir"
Has anybody told you he got it from
the store of Schoverling DAILY d Gales
a little before noon on the day Of the
5hooting?'
4No. sir"
The witness said he had taken the
Captains service revolver from him after
he confession because he was afraid
he Captain would kill himself and also
had taken away his razors, compelling
nim to shave with safety razor,
did not the action Of your brother
n throwing of your hold on his arm
make you suspicious OF what his inten-
ions were toward Annisi'
Il cant remember that had any par
ocular suspicions. didn't want them
20 meet"
1t was then $40 and court was adj
ourned until this morning.
Justice Crane warned the lawyers
IN both sides yesterday that they must
lave all evidence in this week even
{ night sessions we're necessary to do
t. One of the things yet to come is the
hypothetical question which IL being
prepared by Mr.: Mcintyre to submit
o his experts, OF whom by the way he
nay call only one, DR.. L. s. Manson.
This question is reported to contain some
900 words. Mr.. Mcintyre yesterday
Igreed to submit this hypothetical ques-
ion to Mr.. Darrin and 10 the Court be-
ore putting II to his experts.
From present indications there il rea-
on to believe that the case will 20 to the
ury by next Wednesday.
---------
The weather.
There was rain at some points In New Tn gland
'esterday. caused by the storm from Ontario.
which had Its centre over Maine yesterday morn
ng Scattered snow furnes occurred In the
axe regions and the Rocky Mountain States