242

WEEKLY NEBRASKA STATE JOURNAL FRIDAY MAY 29 1891

protection of the accused, so that the defense will know who is to testify for the state. This enables the defense to discover what the testimony is likely to be and to take such steps as are available to disprove it. Mrs. Skinner's knowledge was not revealed to the state until it was too late to endorse her name on the information. A number of other important witnesses have been recently discovered, too late for service, which would probably not have been the case had the papers been permitted to secure and print the facts revealed at the coroner's inquest. The same rule of law does not apply to the witnesses for the defense.

Made me Dicker With Goldwater.I

An exasperating delay of fully a half hour ensued at this point because the remaining witnesses summoned in rebuttal were not present. At length Hon. R. B. Graham was brought in and asked whether or not himself, Malone or Melick, as far as he knew, had ever made any arrangements with Goldwater whereby he was to be paid for identifying the cane.

The defense objected to the testimony as improper and calculated to impeach Mr. Goldwater as against Mr. Burr., the latter having testified that Goldwater had so told him. Mr. Strode said that those who knew the standing of the two men in this community, would hardly credit the testimony of Hymen Goldwater against that of Mr. Burr. "Mr. Burr has never been arrested for petit larceney." said Mr. Strode.

"No," rejoined Mr. Hall, "but he has been disbarred for disreputable practice as an attorney."

Judge Field finally decided to permit the testimony to go in, and Mr. Graham denied ever having conversed with Goldwater concerning the matter, and had never been present at any such conversation in relation so the reward or any part thereof.

S. M. Melick was called and also denied every having promised Hymen Goldwater any reward or any part of a reward for the identification of the cane, and had never been present at any conversation wherein any such promise was made.

He related how young Goldwater had once come to the police station and asked to see Malone. Witness had inquired what he wanted Malone to pay him $200 which the latter had promised him out of the reward. Witness asked Malone subsequently if he had promised the boy any reward and he had replied that he had not.

Young Curry's Unwitting Mistake.

After some further delay Bob Malone was brought in. He testified that he was driver of the patrol wagon at the times of the Sheedy assault: the patrol wagon did not go over to the Sheedy house.

W. W. Carder was called and said he was not sure whether the patrol wagon went over that night or not; the record kept by him at that time would show it if it did.

He was shown the police record; said he made it himself, or thought he did; didn't know whether he was positive that it was his writing or that of Walter Melick. The record did not show that the wagon had gone out, and the witness said that he thought it had not gone out, and the witness said that he thought it had not gone to the Sheedy place that night.

This was to rebut the testimony of young Curry, one of the boys who claimed to have seen the two men running away and who said that the patrol wagon drove up soon after he got there.

The state had been waiting and calling for Joe Scroggins, but as he was not brought in Mr. Hall finally said:

"Your honor, the officers of the court do not appear to be able to find the witness. We do not care to inflict any further delay, and have therefore concluded to announce that the state rests."

Judge Field said that a request had been made that the opening argument be postponed until Monday and if there were no objections it would be done. Non were heard.

"I would like to have a definite understanding, however, among attorneys that this case is now closed, and positively no further testimony can be introduced. Mr. Bailiff, remove the jury."

Mr. Snell Opens for the State.