The Sentinel=record., 1911-05-28

chitwood were to offer to carry his bundle to the city jail. and the last words he spoke to me were that he could carry it all rigst himself"
 According to the Rutherfors recital q the famous court house tradgedy in which Oscar Chitwood was shot ant killed on December 25, and for which ialling John Rutherford is on trial, this friendly feeling between the slain man and the defendant in this case existed up to the time they stepped outside the jail door just an instant before the tragedy.
 John RutherforA took the stand at 5 o'clock yesterday afternoon in his own defense His direct examination by Col. George w Murphy was in incst part a silbstantiation of the former story of the killing of Chit wood; but no witness who ever DC. cpuied the chair before the jury box in this court room was ever sub jected to more severe cross exami- nation than that which Prosecutor Wood put Rutherford through for more than an hour following, and even then the cross examination was not completed, and court will open Mon lay Morning with Rutherford still in the hands of prosecuting attorney.
 The defense offered some new evi- dence in the case yesterday, the trend of which Is to create before the jury the idea that others still unknown to the public shot and. killed Oscar Cnitwood. just as the claim has been from tse morning when Chitwood's blood was still run ming warm and Rutherford was in front of the court house alone and calling for help and police
 Dad" Lindsey, a printer. testified that the morning of the tragedy ne was engaCd5 watching printing materials which had been moved by Connolly into the rear of the Falstan har temporarily while seeking permanent location, and about z o'clock he went up to Carl Rowhers restaurant to get sandwich, ana saw A large wagon in which five men were seated. driving down the street from the triangle. Behind the large wagon was buggy in wnicA two men were seated He did not know any of them.
 They drove at lively rate, turned at the bank corner and were last seen turning by the Great Northern hotel going east
 " ". Riageway. d dairy 'aa' "'''' ,ivas ont on the Benton roaS next to the Houpt farm, was coming to 'he city that morning about 2:SO o'clock to deliver his milk About one mie out he saw five men coming uo"n the road walking He reacaei down for his lantern and raised It so he could see them as they met III 'h. road. bht the men turned out aho escatteredv md he did not get eios' to them, but saw that two hai' pis''h m their -slands. and he could ny recognize any of the men. He kneV the Houpt brothers, all but Cal ah' knew now that he was not one . them.
 ,He testified that the men muttere' something between themselves . they were passing, and one sal something about: "He Is only th milk man" and then they passed oi and he kept on thriving, as he wa afraid of being held up on the roa'
 Brothers of Sid Houpt, forme sheriff. and of Jake Houpt, who wa killed by George chitwood, were the stand at the morning sessiol and politics came near entering in the trial when Reb Houpt was askt by Prosecutor Wood if he had m
 interested bimself in helping Ruthe
 ford and if he had not paid part
 the attorney feea for the defens
 Reb Houpt admitted freely that