| 100NEARING THE END
The Defense Will Close This
Afternoon.
The Opening Arguments Will
Possibly Begin Tomorrow
Some Time.
CARDER IDEITIFES THE FATAL CANE
But Stubbornly Objects to Testify
In Presence of Witnessess-
Burr Shows up Malone.
The Last Round.
The great Sheedy murder trail which has been in progress for three weeks will probably be finished and given to the jury on Monday next. The defense expects to finish its evidence this afternoon, and to this end took recess at 11 a. m. today.
Dennis Sheedy, whom the defense look upon as an important witness, is expected to arrive in the city and take the stand this afternoon and with the testimony of one or two other finish up the testimony on the part of the defense.
In all probability the opening arguments of both the state and defense will commence tomorrow and the closing be rested until Monday when the judge's instructions will also be given, following the closing speeches of the prosecution which in this state are allowed the closing arguments.
SPECULATIONS
as to the jury's verdict has been a much mouthed matter during the entire trial.
not only by private citizens but able lawyers as well. Opinions as to the outcome vary greatly as to a verdict of acquittal or conviction. Some are the opinion that the jury will be put a long time on the case and anticipate a " hung jury" resulting in a certain compromise wherein Mrs. Sheedy will not be loser. Others look upon it
In a different light. think that the evidence of the prosecution was but slim and will result in the acquital of both Monday McFarland and Mrs. Sheedy.
Yesterday Afternoon.
The question of the admission of Carder's testimony was called up, Mr. Hall citing authorities holding that it was testimony that the descesed could not on the stand have testified to had he not been killed, was certainly inadmissable, reading from Russell on crime.
Judge Weir stated that this evidence was to be given in reply as to Mrs. Court-
nay's testimony given as a conversation between Courtnay and Sheedy.
The court held that the conversation between Carder and Sheedy after the shooting, was admissible and the examination continued.
Carder asked Sheedy who hit him and he replied it was the bigger man of the two. Sheedy then requested him not to go to bed that night.
" Did you know who was meant by the bigger man ? "
"Yes. sir."
" Who was it ?"
"Gleason."
"Who was the little man?"
"Frank Williams."
"Were they white or colored?"
"Both white."
"What was their business?"
"Gamblers."
"Are they in the city?"
"One of them is. "
"Which one ?"
"Gleason. "
"Where is the other ?"
" In Denver "
Witness saw Mrs. Sheedy that night ; she seemed to be worried and told witness he would be well paid if he found who made the assault. That was the first time witness ever saw her. Was also there the next day shortly after 7 a. m. Sheedy was unconseious and Mrs. Sheedy was reclining beside the bed trying to arouse her husband. She told witness her husband was awful bad and could not speck. Was there again after 11 a. m but didn't stay long ; the priest was there and
A PRAYER WAS OFFERD.
Was there again the following Sunday night. Witness was employed by Sheedy three weeks before his death to watch the two men already referred to and to whom Sheedy referred on the night of his assault, to keep them from slugging or killing him. Cross-examined by Hall.
" Did you watch 'em ?"
" I did."
"Did they kill him ?"
" I don't know."
From what Sheedy said witness believed John Sheedy thought Gleason was the one who struck him. Witness go there just after Sheedy had been put to bed. Is not no in the employ of the defense. Does not know whether Gleason or Williams were at Sheedy's home on that night.
" Did you talk with Mrs. Sheedy the next morning?"
" No, sir. "
"Didn't you tell Mrs. Sheedy in her own house that you believed she did it. "
"No, sir. "
" Now didn't you tell her that in the presence of Mr. Baird ?"
"No sir. I never saw Will Baird at that house or on the premises."
"Will you swear it?"
"Yes sir. "
"Didn't you, in police station, also state that on you passed the Sheedy house one night you saw Walstrom sitting on Mrs. Sheedy lap?"
" No sir, I don't know Walstrom and never saw him,"
" Mr. Carder, are you prepared to swear that you believe Gleason committed the murder?"
Objections by defense were sustained.
"How much was Sheedy to pay you for this work?"
"He told me he would give me $ 50 and find me something to do. "
" What else were you to do for Sheedy?"
" That is all ; only laid off my beat five days. "
SAW THE ASSAILANT.
Mrs. Auna Hosman, knew John Sheedy by sight, also knew of the assault and the firing upon him a mounth prior. Was near the house when the firing was done.
"Did you see the man who fired the shot that evening ?"
"Yes, sir."
"What time was it ?"
"About 9:45"
"What kind of a man was he?"
"He was a white man about five feet, six inches and had a light mustache. "
Witness had been out calling and was just returning home and when near the Sheedy house the man raised up inside the yard and dicharged the revolver.
She was accompained by her husband and Mr. Cladwell, now in Chicago.
Saw Mrs. Sheedy , Mrs. Hood and daughter. The man raised up to run as he fired the shot. Cross-examined by Lambertson : Witness was going west and the other parties east and the Sheedy party had just passed when the report of the revolver was heard and looking around she beheld the man.
Sheedy did not take after the man until after he had stepped on the porch. The man fell at the corner of the porch.
making his way south. Mrs. Sheedy had opened the door by this time and was standing there. Witness only got a side view of the man and knew he had a mustache, not very heavy. He had on an overcoat. The light from the house shown out of the door ; there was a light in the house. Couldn't tell as to the color of his hair, but
KNEW HE WAS WHITE.
Witness could not tell the kind of the colthes worn by Mrs. Hood, Miss Hood,
Mrs. Sheedy or Mr. Sheedy. The assailant was not a very big man ; witness was about twenty feet away. After he went in the house Sheedy came out and started after him.
WHAT HER HUSBAND SAW.
A. B. Hosman was the next witness called. He, too, knew Sheedy. He remembered time of his death and the time he was fired at on Dec. 9, 1890. It was about 9:45 and witness was about twenty feet from the Sheedy residence at the time of the shooting. His wife was with him. When the shot was fired witness was twenty feet distant from the man. Witness was east of the gate. The man was inside the fence and close to the gate post and just getting up. Mr. Sheedy had just got inside the gate and pulled it after him when the shot was fired. The man who fired was about the size of Bob McReynolds and
A WHITE MAN.
probably 5 feet, seven or eight inches high. Cross-examined by Strode witness stated he was twenty feet east of the gate when the shot was fired. The man who shot jumped up and ran away, stumped his toe, fell and rolled over and then it was the witness
SAW HIS COLOR
could not get an opportunity before that. He fell in front of the door at the northeast corner. Mrs. Sheedy was not on the porch when the shot was fired. The man shot west. He was what is called a dark complected man ; it was not light enough to see his eyes. He wore a cap that looked to be dark and was pulled down over his eyes. It looked like a brown overcoat that had faded out that he had on. Witness did not consider him a very dark complected man.
Sheedy did not start after him immediately ; witness followed Sheedy right into the house. The looks and size of the man seen tallied well with that of Frank Williams, who was shown to witness a few days after the shooting.
FRONT SHADES UP.
Mrs. Hurtz lived in the same block with the Sheedy residence, five doors east, when Sheedy was assaulted in January. On that evening about 7 o'clock she started out for a walk, going west, and the place was brightly lighted. She saw Mr. and Mrs. Sheedy in the house, both reading. Passed the house again in about half an hour and about ten minutes after heard the shooting. The witness only saw the north window shades and they were up.
Theedore Hurtz, husband of Mrs. Hurtz next took the stand and corrobo-rated her testimony.
HAD SEEN MONDAY.
Mrs. M. H. White, who lives next door to the Sheedy residence testified that she was at home the night of the shooting, but saw no one about the place and no colored man there on that day. Cross-examined stated she had seen a colored man about the place when she first moved there about a year ago ; did not know Monday McFarland though had seen him.
There was one shot fired after she had got to her door on that night but did not see Sheedy. Was out after dark that night, saw no one prowling around the premises though there might have been and witness not see him as a high board fence intervence ; had means of seeing east windows of the Sheedy house
SAW THEM TALKING ONCE.
Miss Viola Dowden is acquainted with Mrs. Sheedy and so far as he knew Mr. and Mrs. Sheedy lived agreeably, and she had seen them often.
Cross-examined : Mrs. Davis had never heard them conversing. Thought she had seen them conversing while out riding.
" Can you ever recall a time when you saw them holding an animated conversation in your life?"
" Yes, sir ; at Cushman park they were in their buggy talking, but not laughing."
Questioned by Strode : " Now you have seen Mr. and Mrs. Hall out freqently, haven't you?"
" Yes, sir."
"Well, can you ever remember of having seen them conversing or anything and talking ?"
" I can't say I have."
Miss Josie Dowdden was then called and corroborated the testimony of her sister as to the agreeable relations of the couple.
S. M. Melick took the stand and testified that he had called at the Sheedy house every' day after the assault on Sheedy ; Dennis Sheedy went with him frequently. Next morning went more especially to see Mrs. Sheedy upon the subject of the assault. He saw Mrs. Sheedy and coversed with her, but as objections were raised the conversation between the parties was repeated.
as it was held to be that admissions in favor of the defendant were inadmisable. while admissions against were.
The defense thought it proper they allowed to rebut the evidence of the prosecution. Therefore the witness was permitted to tell only her demean- or and acts. She was in tears and appeared to be in a great deal of grief.
Witness called on Wednesday evening with Mrs. Melick ; in about ten minutes Mrs. Sheedy came in ; her general appearance was about the same as on previous occasions ; part of the time sobbing. Another visit was during the same afternoon with Dennis Sheedy and had some conversation in reference to the murder ; she seemed very much depressed. The next time he remembered definitely was the Sunday following the assault ; went with Dennis Sheedy ; she met them at the door; she appeared to have been crying, but brightened up and conversed most of the time with Mr. Sheedy.
Here the defense wanted to show that Mrs. Sheedy had offered a large reward out of her own estate to induce Mr. Melick to use every exertion to bring guily pary to jutice.
They were not only not permitted to show it. but were not permitted to state it in court in the presence of the jury and Mr. Woodward wrote it out and handed it to the reporter.
The witness said that all during the week Mrs. Sheedy sledom spoke of her husband or the murder without crying, and always manifested a great deal of feeling. She was then under arrest, except at the time of the last interview that Sunday afternoon.
The defense then offered to show that they had applied for $ 85. 33 per month for one year of her support, which the probate court had allowed, and that the attorneys for the state had appealed from the allowance, which appeal was still pending.
The state volunteered to admit the fact, and in the discussion that ensued it developed that the Sheedy horse and buggy had been turned over to Mr. Strode with the consent of the state and that he had to apt an $ 18 feed bill to get it.
This Morning
The first witness for the defence was L. C. Burr. Witness is acquainted with Hyman Goldwater and had a conversation with him some time ago, in presence of John Hart.
Strode: " In that conversation did Goldwater say Jim Malone offered $ 500 for the identification of the cane ?"
" He stated three different sums, one being $ 500. Believe he said Jim Malone offered him $ 200 and finally raised it to $ 300 if he would testify that he sold the cane and said he had made an appoinment with Malone and Melick to
MEET MAYOR GRAHAM.
to make arrangements. He wanted to know if he could sue them for this sum and I told him he could. "
"Did Goldwater say to you that Marshall Melick, Jim Malone and Mayor Graham agreed to pay this amount of money if he would swear that he sold the cane ?"
" Yes, he did in substance. "
" Did he say anything about this agrement being made with the boy ?"
" No, he did not ; he said this agreement had been made with him. He spoke about his boy at this time, how ever."
Cross-examined : Witness said Gold water had said he had seen the mayor Melick and Malone.
Lembertson : " Did Goldwater say that any testimony he would give at this trial would be false?"
" Well, shall I tell you what he did say?"
" Wait, no-answer my questions by yes or no. "
" He said nothing about testifying. It was for telling who bought the cane. "
A STUBBORN WITNESS.
W. W. Carder, ex-police officer. was the next witness : Was at the police headquarters the night after John Sheedy was assaulted. Witness was handed the cane which was placed in evidence as the one used in the assault upon Sheedy and asked if he knew that cane. Witness said it did not exactly look like it as the head did not fit just right. It looked like a cane he once owned. The cane owned and lost by witness had tacks in the head : he had put them in himself. While signalling on a beat one night he knocked the leather head off and so had to take it on.
The cane owned by witness had laied around headquarters from June to September of '89. The cane brought in on the night of Sheedy assault was recognized by almost every officer as the one witness lost.
Cross-examined by Hall : " Mr. Carder does this brass tack in the head of the cane enable you to identify this cane ?"
" I refuse to anwer the question."
" Well, I think you will."
" Witness : " Well, your honor, when this trail began all witnesses were ex-
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| 100NEARING THE END
The Defense Will Close This
Afternoon.
The Opening Arguments Will
Possibly Begin Tomorrow
Some Time.
CARDER IDEITIFES THE FATAL CANE
But Stubbornly Objects to Testify
In Presence of Witnessess-
Burr Shows up Malone.
The Last Round.
The great Sheedy murder trail which has been in progress for three weeks will probably be finished and given to the jury on Monday next. The defense expects to finish its evidence this afternoon, and to this end took recess at 11 a. m. today.
Dennis Sheedy, whom the defense look upon as an important witness, is expected to arrive in the city and take the stand this afternoon and with the testimony of one or two other finish up the testimony on the part of the defense.
In all probability the opening arguments of both the state and defense will commence tomorrow and the closing be rested until Monday when the judge's instructions will also be given, following the closing speeches of the prosecution which in this state are allowed the closing arguments.
SPECULATIONS
as to the jury's verdict has been a much mouthed matter during the entire trial.
not only by private citizens but able lawyers as well. Opinions as to the outcome vary greatly as to a verdict of acquittal or conviction. Some are the opinion that the jury will be put a long time on the case and anticipate a " hung jury" resulting in a certain compromise wherein Mrs. Sheedy will not be loser. Others look upon it
In a different light. think that the evidence of the prosecution was but slim and will result in the acquital of both Monday McFarland and Mrs. Sheedy.
Yesterday Afternoon.
The question of the admission of Carder's testimony was called up, Mr. Hall citing authorities holding that it was testimony that the descesed could not on the stand have testified to had he not been killed, was certainly inadmissable, reading from Russell on crime.
Judge Weir stated that this evidence was to be given in reply as to Mrs. Court-
nay's testimony given as a conversation between Courtnay and Sheedy.
The court held that the conversation between Carder and Sheedy after the shooting, was admissible and the examination continued.
Carder asked Sheedy who hit him and he replied it was the bigger man of the two. Sheedy then requested him not to go to bed that night.
" Did you know who was meant by the bigger man ? "
"Yes. sir."
" Who was it ?"
"Gleason."
"Who was the little man?"
"Frank Williams."
"Were they white or colored?"
"Both white."
"What was their business?"
"Gamblers."
"Are they in the city?"
"One of them is. "
"Which one ?"
"Gleason. "
"Where is the other ?"
" In Denver "
Witness saw Mrs. Sheedy that night ; she seemed to be worried and told witness he would be well paid if he found who made the assault. That was the first time witness ever saw her. Was also there the next day shortly after 7 a. m. Sheedy was unconseious and Mrs. Sheedy was reclining beside the bed trying to arouse her husband. She told witness her husband was awful bad and could not speck. Was there again after 11 a. m but didn't stay long ; the priest was there and
A PRAYER WAS OFFERD.
Was there again the following Sunday night. Witness was employed by Sheedy three weeks before his death to watch the two men already referred to and to whom Sheedy referred on the night of his assault, to keep them from slugging or killing him. Cross-examined by Hall.
" Did you watch 'em ?"
" I did."
"Did they kill him ?"
" I don't know."
From what Sheedy said witness believed John Sheedy thought Gleason was the one who struck him. Witness go there just after Sheedy had been put to bed. Is not no in the employ of the defense. Does not know whether Gleason or Williams were at Sheedy's home on that night.
" Did you talk with Mrs. Sheedy the next morning?"
" No, sir. "
"Didn't you tell Mrs. Sheedy in her own house that you believed she did it. "
"No, sir. "
" Now didn't you tell her that in the presence of Mr. Baird ?"
"No sir. I never saw Will Baird at that house or on the premises."
"Will you swear it?"
"Yes sir. "
"Didn't you, in police station, also state that on you passed the Sheedy house one night you saw Walstrom sitting on Mrs. Sheedy lap?"
" No sir, I don't know Walstrom and never saw him,"
" Mr. Carder, are you prepared to swear that you believe Gleason committed the murder?"
Objections by defense were sustained.
"How much was Sheedy to pay you for this work?"
"He told me he would give me $ 50 and find me something to do. "
" What else were you to do for Sheedy?"
" That is all ; only laid off my beat five days. "
SAW THE ASSAILANT.
Mrs. Auna Hosman, knew John Sheedy by sight, also knew of the assault and the firing upon him a mounth prior. Was near the house when the firing was done.
"Did you see the man who fired the shot that evening ?"
"Yes, sir."
"What time was it ?"
"About 9:45"
"What kind of a man was he?"
"He was a white man about five feet, six inches and had a light mustache. "
Witness had been out calling and was just returning home and when near the Sheedy house the man raised up inside the yard and dicharged the revolver.
She was accompained by her husband and Mr. Cladwell, now in Chicago.
Saw Mrs. Sheedy , Mrs. Hood and daughter. The man raised up to run as he fired the shot. Cross-examined by Lambertson : Witness was going west and the other parties east and the Sheedy party had just passed when the report of the revolver was heard and looking around she beheld the man.
Sheedy did not take after the man until after he had stepped on the porch. The man fell at the corner of the porch.
making his way south. Mrs. Sheedy had opened the door by this time and was standing there. Witness only got a side view of the man and knew he had a mustache, not very heavy. He had on an overcoat. The light from the house shown out of the door ; there was a light in the house. Couldn't tell as to the color of his hair, but
KNEW HE WAS WHITE.
Witness could not tell the kind of the colthes worn by Mrs. Hood, Miss Hood,
Mrs. Sheedy or Mr. Sheedy. The assailant was not a very big man ; witness was about twenty feet away. After he went in the house Sheedy came out and started after him.
WHAT HER HUSBAND SAW.
A. B. Hosman was the next witness called. He, too, knew Sheedy. He remembered time of his death and the time he was fired at on Dec. 9, 1890. It was about 9:45 and witness was about twenty feet from the Sheedy residence at the time of the shooting. His wife was with him. When the shot was fired witness was twenty feet distant from the man. Witness was east of the gate. The man was inside the fence and close to the gate post and just getting up. Mr. Sheedy had just got inside the gate and pulled it after him when the shot was fired. The man who fired was about the size of Bob McReynolds and
A WHITE MAN.
probably 5 feet, seven or eight inches high. Cross-examined by Strode witness stated he was twenty feet east of the gate when the shot was fired. The man who shot jumped up and ran away, stumped his toe, fell and rolled over and then it was the witness
SAW HIS COLOR
could not get an opportunity before that. He fell in front of the door at the northeast corner. Mrs. Sheedy was not on the porch when the shot was fired. The man shot west. He was what is called a dark complected man ; it was not light enough to see his eyes. He wore a cap that looked to be dark and was pulled down over his eyes. It looked like a brown overcoat that had faded out that he had on. Witness did not consider him a very dark complected man.
Sheedy did not start after him immediately ; witness followed Sheedy right into the house. The looks and size of the man seen tallied well with that of Frank Williams, who was shown to witness a few days after the shooting.
FRONT SHADES UP.
Mrs. Hurtz lived in the same block with the Sheedy residence, five doors east, when Sheedy was assaulted in January. On that evening about 7 o'clock she started out for a walk, going west, and the place was brightly lighted. She saw Mr. and Mrs. Sheedy in the house, both reading. Passed the house again in about half an hour and about ten minutes after heard the shooting. The witness only saw the north window shades and they were up.
Theedore Hurtz, husband of Mrs. Hurtz next took the stand and corrobo-rated her testimony.
HAD SEEN MONDAY.
Mrs. M. H. White, who lives next door to the Sheedy residence testified that she was at home the night of the shooting, but saw no one about the place and no colored man there on that day. Cross-examined stated she had seen a colored man about the place when she first moved there about a year ago ; did not know Monday McFarland though had seen him.
There was one shot fired after she had got to her door on that night but did not see Sheedy. Was out after dark that night, saw no one prowling around the premises though there might have been and witness not see him as a high board fence intervence ; had means of seeing east windows of the Sheedy house
SAW THEM TALKING ONCE.
Miss Viola Dowden is acquainted with Mrs. Sheedy and so far as he knew Mr. and Mrs. Sheedy lived agreeably, and she had seen them often.
Cross-examined : Mrs. Davis had never heard them conversing. Thought she had seen them conversing while out riding.
" Can you ever recall a time when you saw them holding an animated conversation in your life?"
" Yes, sir ; at Cushman park they were in their buggy talking, but not laughing."
Questioned by Strode : " Now you have seen Mr. and Mrs. Hall out freqently, haven't you?"
" Yes, sir."
"Well, can you ever remember of having seen them conversing or anything and talking ?"
" I can't say I have."
Miss Josie Dowdden was then called and corroborated the testimony of her sister as to the agreeable relations of the couple.
S. M. Melick took the stand and testified that he had called at the Sheedy house every' day after the assault on Sheedy ; Dennis Sheedy went with him frequently. Next morning went more especially to see Mrs. Sheedy upon the subject of the assault. He saw Mrs. Sheedy and coversed with her, but as objections were raised the conversation between the parties was repeated.
as it was held to be that admissions in favor of the defendant were inadmisable. while admissions against were.
The defense thought it proper they allowed to rebut the evidence of the prosecution. Therefore the witness was permitted to tell only her demean- or and acts. She was in tears and appeared to be in a great deal of grief.
Witness called on Wednesday evening with Mrs. Melick ; in about ten minutes Mrs. Sheedy came in ; her general appearance was about the same as on previous occasions ; part of the time sobbing. Another visit was during the same afternoon with Dennis Sheedy and had some conversation in reference to the murder ; she seemed very much depressed. The next time he remembered definitely was the Sunday following the assault ; went with Dennis Sheedy ; she met them at the door; she appeared to have been crying, but brightened up and conversed most of the time with Mr. Sheedy.
Here the defense wanted to show that Mrs. Sheedy had offered a large reward out of her own estate to induce Mr. Melick to use every exertion to bring guily pary to jutice.
They were not only not permitted to show it. but were not permitted to state it in court in the presence of the jury and Mr. Woodward wrote it out and handed it to the reporter.
The witness said that all during the week Mrs. Sheedy sledom spoke of her husband or the murder without crying, and always manifested a great deal of feeling. She was then under arrest, except at the time of the last interview that Sunday afternoon.
The defense then offered to show that they had applied for $ 85. 33 per month for one year of her support, which the probate court had allowed, and that the attorneys for the state had appealed from the allowance, which appeal was still pending.
The state volunteered to admit the fact, and in the discussion that ensued it developed that the Sheedy horse and buggy had been turned over to Mr. Strode with the consent of the state and that he had to apt an $ 18 feed bill to get it.
This Morning
The first witness for the defence was L. C. Burr. Witness is acquainted with Hyman Goldwater and had a conversation with him some time ago, in presence of John Hart.
Strode: " In that conversation did Goldwater say Jim Malone offered $ 500 for the identification of the cane ?"
" He stated three different sums, one being $ 500. Believe he said Jim Malone offered him $ 200 and finally raised it to $ 300 if he would testify that he sold the cane and said he had made an appoinment with Malone and Melick to
MEET MAYOR GRAHAM.
to make arrangements. He wanted to know if he could sue them for this sum and I told him he could. "
"Did Goldwater say to you that Marshall Melick, Jim Malone and Mayor Graham agreed to pay this amount of money if he would swear that he sold the cane ?"
" Yes, he did in substance. "
" Did he say anything about this agrement being made with the boy ?"
" No, he did not ; he said this agreement had been made with him. He spoke about his boy at this time, how ever."
Cross-examined : Witness said Gold water had said he had seen the mayor Melick and Malone.
Lembertson : " Did Goldwater say that any testimony he would give at this trial would be false?"
" Well, shall I tell you what he did say?"
" Wait, no-answer my questions by yes or no. "
" He said nothing about testifying. It was for telling who bought the cane. "
A STUBBORN WITNESS.
W. W. Carder, ex-police officer. was the next witness : Was at the police headquarters the night after John Sheedy was assaulted. Witness was handed the cane which was placed in evidence as the one used in the assault upon Sheedy and asked if he knew that cane. Witness said it did not exactly look like it as the head did not fit just right. It looked like a cane he once owned. The cane owned and lost by witness had tacks in the head : he had put them in himself. While signalling on a beat one night he knocked the leather head off and so had to take it on.
The cane owned by witness had laied around headquarters from June to September of '89. The cane brought in on the night of Sheedy assault was recognized by almost every officer as the one witness lost.
Cross-examined by Hall : " Mr. Carder does this brass tack in the head of the cane enable you to identify this cane ?"
" I refuse to anwer the question."
" Well, I think you will."
" Witness : " Well, your honor, when this trail began all witnesses were ex-
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