Weekly journal-miner., 1918-07-24
Objection was sustained.

| . had arranged to pay Ernest Marlowe for taking him out on Sunday.
 Witness had been mending a blow out in the tire while Marlowe hunt ed up the flasks hidden on Murphy Drive so he did not know the place they came from. When they left the Prescott, the auto was equipped with "Two bottles and a piece of bottle. v
 Marlowe and Marks had taken a drink at the Summit on the way out This was with Mrs. Stephens per mission. She had not indulged. When they reached the Stephens ranch there was another drink all around. Shepard had taken two drinks. This had "ditched" one of the flasks.
 Marks had set on the front seat with Marlowe after they left the Hid reth ranch. Miller had set on the back scat with Mrs. Stephens. The car was covered but there were no side curtains.
 Witness insisted that they had fol- lowed the requests of Mrs. Stephens as to where she was to get out ot the car and where she was to go.
 Marks insisted that he was not drunk
 Well you were pretty groggy were you not?"
 No. sir. I was not drunk. But | could feel the effects of the liquor.
 Did you hear Miller ask Marlowe about where he roomcd:"
 q don't remember any such re- mark
 "You heard Marlowe's testimony tc that effect?"
 "Yes. But all Miller said that 1 know of was: Wait and I'll be right down.
 You never saw him again till the next day:' Yes"
 Referring to the testimony of Bud Stephens. Attorney O'Sullivan ask ed Marks: Did you not say to Bud Stephens: T know where your mother is vou s- of a b. but 1 won't tell you?"
 q never used the term s-- ot a b. in talking to Bud Stephens
 Did vou not grab Bud in the room at the Raif hotl and tear his coat:
 The witness grinncd He said: "I held him against the wall and rub bed his face"
 You wanted him to hit you:"
 Well" the witness replied, T felt like whipping him" When they met you on the street. did not Mir. Stephens say to you that Bud wanted to find his mother" I, rE Stephens was
 And didn't you reply (here Mir. O'Sullivan referred to a transcript of the earlier testimony "I know where she is you s- of a b., but you cant make inc cough up my guts."
 "I did not
 You did not use the term cough I'D your guts:'
 No, sir, l did not"
 The witness was very emphatic.
 What did you say"
 q told him ] didn't know
 Did you use the word 'guts:' No sir
 ~Aitcr that you drew off your coat"
 Yes"
 And started towards the car:"
 No, sir. l was right there at the car"
 "You wanted to start a fight with Bud:"
 He had his hand on the door as though he were going to jump out at me and 1 was ready for him. A"Did you not say: You are the little s-- of a b-I want and l will get you yct:'
 "I never called Bud s-- Of a 1 b.. l think 1 said: You are the one | want to get "
 Didn't the old man say: Don't strike the boy:"
 "I was ready to strike till I found he was only going to get out 10 crank ! the car"
 Witness was asked as 10 his having | been a witness in behalf of several 1 bootlcggers in the summer of 1910. ! He said he had not been witness in several cases but only that ot ! Birch Bros Witness insisted that Joe Stcph- ems had said his wife had $9,OOO worth ui diamonds on her.
 Al the request of Attorney O'Sul- liyan. he stood mp before the jury 10 show how Joe Stephens had put his right hand back to his hip pocket when he threatened to shoot him on l the road on Sunday night.
 The attorney asked: Don't you i know that is Stephens crippled arm:
 "Nes,'' was the quiet answer.
 Don't you know he has no use oi that arm::' the attorney insisted.
 Yes was the reply.
 "When Bud overlook Marlowe' machine was all the whiskcy gonc: i was asked.
 No. We had a pint and part of a bottle left"
 They Were Not Drunk.
 At the time oi the meeting, you were pretty drunk, were you not:
 No, sir
 And Marlowc was also drunk wasn't he:"
 "I couldn't say" The witness explained that the second flask had been finished when they turned off on the Tom Morris