The Detroit times., 1914-10-03

The trial was halted while the court
sergeant went out and chased away a
hurdy-gurdy from underneath the
windows Of the court.
Resuming.. Frazer called the wit
ness attention TO q report OF July 10.
did you have any conversation
with Gilman on July 10. In reference
to him not running for mayor" OBJ
lection was made and the question
was excluded.
McNamara then took witness and
quizzed Brennan regarding his tele-
phone conversation with Gilman on
July Is. the witness stating that his
report OF that conversation was sent
to the main ONCE OF the Burns
agency.
Brennan told Frazer that he return
ed to Mr.. Green s700. as he previously
testified In the lower court. The wit
ness was then excused.
Frazer then asked the court II later
In the trial there would be any ques-
ton regarding the testimony which
Mr.. Green corrected by letter. II was
announced that Mr.. Green would like
ly be recalled and that he could make
q statement at that time. MI. Green
In now IN Maine with his wife.
Frazer asked McNamara to take the
stand.
did Green tell You ne was leaving
the city?"
"No. He called up my ONCE and
told the young lady that he was go
Ing out Of town"
Mcnamara said he did not see any
necessity Of having Green back on
the stand at the time he left the city
IL would have said like the prose
cutor that had no objection to his
going" said Mcnamara, as he left the
stand. Green will be recalled and ex-
amined in connection with letters he
wrote to Tom" Gilman previous to
the latter's arrest.
Charles H. Jasnowski, assistant
prosecutor, was called bv Frazer.
Mcnamara Immediately raised OBJ
lection, and the jury was again ex-
cused, this time for the day. Nc
Namara questioned the legal propri-
ETY. Of the assistant prosecutor being
previous knowledge Of the aldermanic
trap being "at the beck and call Of
Burns" and also, he argued, because
Jasnowsh In excluded by the order
Of the court, and to put him on would.
therefore. be legal error, inasmuch as
the court at the outset ordered all
witnesses excluded.
I'VE regard this point-the placing
Of Mr.. Jasnowsk on the stand--as
being vital in this case" argued Nc.
Namara, who was prepared to back
mp his objection with lengthy legal
argument, citing numerous cases In
point.
when the order was made no ex-
emption was asked by the prosecutor
and the legal presumption was that
Mr.. Jasnowski would not be placed
on the stand" said Mcnamara. I'VE
hold that although Mr. Jasnowski's
name appears on the information, he
stands now 40 q new witness being
produced by the prosecution ut this
time"
McNamara asked time In which to
prepare for further argument,
The Judge read from the ninety
fifth Michigan report. and then stated
that the point In question seemed TO
be an open one In this state, neces-
stating the court being governed by
discussions covering this point In
other jurisdictions. Frazer argued
that the excluding Of witness IL q
largely discretionary matter with the
trial court.
,"Mr. Jasnowski 10 assisting in the
conduct OF the trial, and II he had
any information Qf importanoa Il %
mp to the discretion Of the trial
Judge a. to whether or not he can
be put on the stand" said Frazer.
The Judge allowed an adjournment
over Saturday to give the defense an
opportunity to secure authorities for
presentation to the court, one Of
these authorities being based on .
similar point In the famous Becker
case.