New Britain herald., 1926-11-22
1 husband. who is carpenter. was
 called to testify. | Was With Stevens

. called to testify.
 Was With Stevens Like the other i.libi witnesses. he said he was fishing on the beach al Lavallette the evening of Septem. Der 14, 1922. Ills wife, he said, was with him.
 "Tell the jury what you saw of Henry Stevens that evening" said Case.
 "I saw him directly in front of his house." said Applegate. His fish. ing apparatus was cast out. I had few bites. I saw some fish that weighed pound or pound and a half. He (Stevens) gave me hook He changed 1t for me. put 1t on my line. It was with that hook that caught the six pound blue.'
 That caused some excitement didn't it?" asked Case.
 "Yes, more so for me, I guess than anyone else" answered the wit ness.
 He then related how the fish was weighed on Henry Stevens hand scales, with light being needed to see the figures on the scales. Apple gate said he saw Stevens several times in the evening before he told him goodnight, about 10 or 10:15." What ti''e did you get home?'' asked Case.
 Was Home At 1O:40 P. M.
 "I got home 25 minutes to It," answered the witness.
 How do you know?"
 Because I looked at the clock"
 The next week, the witness said, reporters came to see him about evening.
 On cross-examination, Simpson produced the witness testimony be- fore the grand jury that returned the Indictments.
 Did you Aay then that you thought it (the fish) was caught on Friday night," asked the prosecut- or. -
 "I told you 1t was caught the night of the murder" answered the witness.
 shown what Simpson presented as his signature to the statement be- fore the grand jury. Applegate said he thought it was his, but would not swear to 1t, because T don't think ought to swear to that because 1t has been out of my hands"
 'Mr. Applesate, did you say under oath that you caught the fish on Friday night?" asked Simpson.
 T don't remember making such a statement" replied the witness.
 T never heard them questions be- fore" said Applegate at one stage during cross examination when Simpson was attempting to prove that the witness testimony today was at variance with what he had told the Jersey City detectives when they were developing the states case.
 Don't you think you have a pe- culiar memory" asked Simpson. You can remember some things and others you can't"
 Gives Lawyer Jibe
 T think I'm as peculiar as you are,s the witness shot back in his mumbling fashion. He said he did not put his initials on the first page of the statement made on September 3, to Jersey City police in which he was quoted as saying he did not re- member what day the bluefsh was caught.
 Simpson turned to the witness testimony before the grand jury, and despite his confusion and in ability to follow the rapid fire in- terrogations of the prosecutor, the ! fisherman, was not terrified.
 I've got a little sympathy in my heart and that's more than you have" he told Simpson.
 Didn't you tell the grand jury you couldn't remember the day the bluefish was caught?" Simpson con- tinued.
 You told them that" he replied. When came in the room you told them this is the man that recalls the night the bluefish was caught" Witness Gets Confused The questioning then veered to what statements Applegate had made 10 private detectives with Applegate telling Simpson that he had made many statements. At times the wit ness seemed very much confused. Then Case took the witness on re- direct examination
 Were you called any names when you made the two statements for the state?" he asked.
 "Yes, I was called a damned liar" Applegate replied. This man right here did it." he pointed to Inspec- tor Underwood who was in charge of the questioning of witnesses in | the investigation. You've got a good memory" said Simpson. when the witness was switched back to him, do you mean 1 now to say that I was not present and that Underwood questioned you?" ( to you on September l." said Apple gate. Later questioning proved he was mistaken as to the date. Soon Case was back again with more direct questions.
 You were questioned in the Toms River court room on Septem- Der S?" he asked, "Yes".
 Who was asking you questions 2" Underwood 2"
 Who was with him?"
 Chief Justice Hayes" said Apple gate. Case told him that Hayes was chief of staff Of the Hudson conn ty prosecutor, but not chief justice. Called a Pcrjurer
 You were called q damned liar and a perjurero"
 "Ycs.''
 Senator Simpson was not therec" "No"