Pike County Democrat, Volume 29, Number 39, Petersburg, Pike County, 3 February 1899 — Page 1

*s VOL. XXIX. PETERSBURG, IND.. FRIDAY, FEBRUARY 3, 1899.

SIPLE MURDER TRUE The E vidence all in and the Arguments Made. \-— Case went to the Jury at 7.T5 Wednesday Evening. Vr The Arguments Among the Ablest Ever Made in Court. / The Evidence Taken In the Cake— Circat Interest in the Trial.

Tuesday at noon the evident^ in the case of Prank Siple, charged with the murder of Franklin P. Smith last April in this city, was completed in the Daviess circuit court at Washington and the arguments by the attorneys for the state and defendant were begun. Hon. Eph Inman was the first speaker for the state and was followed by T. 'H. Dillon of this city. Wednesday morning Ex-Mayor Ogdon appealed for the state and Ex-Mayor John W. Spencer for the defense. In the afternoon Hon. W. R. Gardiner closed the arguments for the defense and Hoei. W. E. Cox closed on behalf of the state at 6:40 o’clock. The jurors then faced Judge Houghton who instructed the jury as to their duties, and at 7:15 the fate of Frank Siple w«is in the hands of the jury. The arguments by the attorneys for the state and the defense are said to be among the best ever made in Washington. During the time of the arguments by the attorneys the court room was cro wded and standing room was at a premium, so eager were the people to hear the oratorical efforts of ' the talented attorneys in the case. % After the jury received the instructions from the court they were taken to supper and then returned to their jury room to deliberate upon a verdict, and up to the hour of going to press at 2 o’clock had not agreed. The evidence as taken by the court reporter of the Washington Gazette, was as follows:

EXAMINING OF WITNESSES. Dr. J. T. Kime of ^Petersburg, was the first witness for the state. He was coroner of Pike county in April, 1898, and on the 26th of t hat ^tnonth saw the dead body of" .Franklin P. Smith. Held an inquest and. postmortem. Removed the stpmach, liver, spleen and part of brain. Sent same to T. W. Smith, a chemist of Indianapolis, :for a chemical analysis. Cross questioned Dr .'Kime said he thoroughly washed the Jars in which'he put the parts of Smith removed. Didn't see the inside pf the jstomach. Unelled something like beer or alcohol. Drs. Link and Rice assisted in postmortem. Dr. Kime recited in full his iknowledge of the case. At the openiug of court Wednesday morning Mrs. Sarah C. Smith, wife of the murdered man, was the first witness. In April, 1898, lived with her husband, three miles from Petersburg. On morning of the 26th hfer husband left home for Peters burg with a drove of hogs. Next time she saw him Was at 8 o’clock the same day and he was dead. Hogs were worth about $50. (This hist evidence was stricken out.) W itness sa d her husband was 45 years old the day before he was murdered. Witness identifijd clothing worn by the murdered man. She said she had been married five times. Was first married when fifteen yea rs old. Witness is now 42 years old. Dr. W. H. Link, who has been in the practice of medicine for fourteen years, says that he was called to see Franklin Smith in the rear /pom of Kelly’s saloon. Several persons wore present when he arrived. Smith was unconscious when found. He administered emetic at once. He considered the patient suffering from the effect . of morphine, and all the ordinary methods used to counteract the effects of the morphine. He said that the patient died from morphine poison. He considered the patient had a very large dose of morphine. c Dr. Link made the postmortem examination assisted by the coroner and Dr. Rice. The organs of the body were all found in a perfectly healthy condition. Judge Gardiner cross questioned Dr.Link on ths diagnosis of the poisoning of Smith. Dr. T.. R. Rice of Petersburg was next put on the stand. Knew Franklin P.Stajth two hours before his death. First saw him in Kelly’s saloon in the rear part. Smith was sitting in a chair and seemed lifeless, face lead color, breathing slow, pupils of the eye contracted, body cool. Dr. Link there when witness arrived. Smith -was moved to main room of saloon and laid on table. Dr. Link and witness gave a hyperttermie injection under skin of arm, intrcduced a stomach tube and poured potassium solution in stomach. Seeing that he would die he was moved to T. C. Milburn’s residence where he died an hour jater. Patient died from effects of opium

! - “"T poison. All symptoms pointed that way. Assisted in postmortem examination next day. As to the examination Dr. Rice corroborated the t estimony of Drs. Link and Kiipe. •Dr. T. W. Smith, a chemist of Indianapolis testified that he receiTed in April, 18U8, the stomach, liver, spleen and brain, which he learned were those of Franklin P Smith of Petersburg. With the organs came a request to make an analytical examination of them. Analyzed the stomach and contents, liver and spleen; stomach weighed abont a pound. Dr. Smith explained in detail how he made the analysis. He found morphine in the stomach. On cross examination Dr. Smith said he found no arsenic in the brain. His test was again explained in detail. Robert D. Gowen, a son of the murdered mans wife, said he knew Franklin P. Smith. Was in town on the morning of April 26^ 1898. Saw Smith at the postoffice. Smith foot A drove of hnne to town

They brought $52.30. Was with him until 9:30 a. in., but did not see him spend any money. Saw Smith go in Dad Heath's saloon with Pete Lamb. 3Next saw Smith at 3 o’clock the same afternoon in Milburu’s residence. Was in a dying condition. Frank Siple, Doug Barker and others were there. Siple was standing by the door. He said nothing then. After Smith died Siple told witness that he was with Smith in rear of Kelly’s saloon and said he had carried three glasses of beer to him; also a bucket of beer to him in rear of Goss’ saloon. On cross examination witness said he is 20 years old. Smith drank # times. Testified at coroner’s inquest at Stilburn’s residence. Mother and witness testified. Said Siple, Lamb and Smith were together in front of bank. Did ,not know whether Siple said anything to Smith. Lamb invited Smith to go take a drink. They went into Heath’s saloon. Witness did not go in but waited near by. Saw him come out of saloon and go up street alone. Smith was not in the habit of becoming intoxicated. Frequently took liquor home with him, but didn’t get drunk. Denied that Smith was drunk a week on alcohol. Leslie Lamb of Petersburg, said he knew Smith for 25 years prior to his death. Saw Smith April 26,1898, in front of postoffice in the morning about 8:30. Next time saw him that day he came in&the bank about 8:45 and presented a check for $52.30. He cashed it in one twenty, two tens, two fives and the remainder in silver. Smith put money ifi his pockets. Didn’t see him any more that day. , Called back Robert D. Gowen got badly rattled and said he did not remember whether he testified before the coroner or not. . " - Richard Chew of Petersburg, a clerk for W. V. Hargrove, knew Smith and on April 26, 1898, saw him about 10:30 that morning. He inquired for Douglass Barker. Smi.h left $26 with witness for Mr. Barker and witness gave it to Barker. He had other money,a ten-dollarLill and two other bills. Saw Smith leave* the store. Did not see him any more that day. Smith didn’t make any purchases in the store as far as witness knew. \j Mrs. Douglass Barker of Petersburg, was working for W. V. Hargrove & Co. on April 26, 1898, and saw Smith that day about 9 o’clock. Saw him walking along the street near the postoffice. Hefseemed restless. Next saw him in the store in the clothing room. Smith purchased a pair of working gloves from witness. Didn’t see him have any other money. He went out rear door of clothing department. Next saw Smith about 12 o’clock near Kelly’s saloon with Albert Hisgen. When Smith was in the store to buy the gloves he acted strancelv.

Sylvester Thompson,editor of the Petersburg Press, saw South on the day he died. Was in "the Press office and .transacted some business, subscribing for the Press. This way about 10:45.. Next saw him in Kelly^s saloon; was dying. Did not recoguize Siple. Saw the dead body of Smith the next morning. ^ Albert Hisgen, a Pike eountian, knew Smith ever since they were boys. * Saw Smith April 26, 1898, back of Goss’^saloon, about 10:30. Was with Smith about ten minutes. Witness went to depot and left Smith at saloon. Came back to Kelly’s saloon-and was with Smith there. John Cline, Jake Battles and Frank Siple were there. Witness borrowed 50 cents from Smith. Did not talk to any of the three men. Didn’t see Smith have any other money. After the witness borrowed the fifty cents he did not see him any more. In the rear of Goss’saloon witness, Charley O’Neal! and Pete Graves were “rushing the can.” They drank beer but Smith took whisky. Smith paid for one round. . Harvard Stearnes, a druggist of Petersburg, said Frank Siple came to his store about 11 o’clock on the morning of April 26, 1898. Siple asked if he had any twist tobaeeq, hut he didn’t ask to buy any. Then Siple asked witness if he had any morphine. Witness thought Siple was under the effects of liquor and then told him he had no morphine. He told him this because he did not care to sell the poison to him. Siple appeared to be agitated and that caused witness to refuse to sell him the morphine. Edward May, a drug clerk of Petersburg said he saw Frank Siple in Bergen & Oliphant’s drug store at 11:30 on the morning of April 26,1898. Siple asked for a dime’s worth of morphine m powder form. Witness got the morphine, labeled it and gave it to Siple. There were ten grains wrapped in a piece of manilla paper. Witness noticed nothing out of the ordinary with the defendant. J. B, Borer, a mine operator of Union, Pike county, testified that he was in Bergen & Oliphant’s store on the day that Edward May stated that he sold morphine to Frank Siple. He saw May deliver a small package to Siple, who remained in the store but a short time. This was a little after noon. The witness thought Si pie’s action while in the store indicated that he had been drinking slightly. On cross examination witness said lie saw May and Siple talking together. He fosard May say to Siple: “It’s morphine yon want, is it?” Edward M»y recalled, said he didn't see which way Siple went after he left the store. V Thomas Minx of Petersburg, who was deputy marshal on the day Smith died, knew Frank Siple 15 years. Had a com

versa tion with Siple a day or two arter Smith's death. Siple asked him if John Cline got scared at the prosecutor's questions. He further said: “If Cline will keep his mouth shut and we all tell the same tale, we’ll get out of this.” James W. Kelly, proprietor of the saloon in which Franklin P. Smith, is alleged to have been given poison, was the first witness called this afternoon. He first gave a description of the saloon. Witness saw Siple in his saloon about 8 o’clock in the morning of April 26, 1898. John Cline was with him. Siple left about an hour and a half afterward. Witness next saw Siple that day about 12:40 p. m. Then Siple, Cline, Jake Battles and James Button were in the saloon 'together. In a few moments Smith came in the side dcior and walked op to the bar. He said: “Boys, come up and hare something.” He asked

for a gin cocktail but witness told him he already had enough. 'He said: “Well,give me a cigar.” Cline, Siple and Battles took a small beer. Smith looked drowsy. W itness told him to go and sit down that he was getting drank. Smith held on the bar. W itness pulled his hold loose: then witness and some one else helped Smith to a chair in the back room. Witness told John Cline to go back to Smith and keep him company, Cline soon called witness and told him then; was,something the matter with Smith. Witness looked at Smith and saw his lace was getting blue, eves glassy and pupils contracted. Witness told Cline to get a doctor at once. Siple, Battles and Ciiue were all three with Smith when Cline called witness to see him, Witness did nott know of any beer or other liquors being Carried to the rear room to Smith. On cross examination by Judge Dillon, Mr. Kelly gave a minute description of the saloon budding, yard and fence. He was not cross examined on the other part of his evidence introduced by the state. John Cline, now serving a life sentence for complicity in the murder of Smith, was put on the stand yesterday (Wednesday) at 5:1$. Said he remembered Smith’s death. First saw Siple about 7:15 that morning, During the morning witness, Siple and Jake Battles were together in Kelly’s saloon. Battles and Siple took a drink. Witness blackened Sipte’s shoes. Battles got some beef steak, onions and cheese. John Alar--ee cooked it and Battles and Siple ate it. They drank some beer and witness left about 11:30. Battles and Siple were still there. 4 Witness went after some lemons. As he returned to Kelly’s saloon he saw Franklin P. Smith and Albert Hisgen eomingsdown street. They went in saloon. They asked witness to come in and have something. They all took a drink. Siple and Battles were "in the rear of the saloon. Cline went baek to where Siple and Battles were. Siple gave Cline 25 cents and said: “Go get me'10 cents worth of morphine and some pork chops.” Witness savs he refused and Siple said: “Oh, hell/ and put the money back in his pocket. Siple then got up and left the room. This was about 11:40. Witness then went home and ate dinner. t He came back at one o’clock and went into Kelly’s saloon. Heard some one in rear room. Witness went back and saw Smith, Battles and Siple. Smith was eating something like beef steak. Smith asked me to take something. A drink of whisky was brought out for witness. The other three men took beer. The bartender told Cline to get the empty glasses. I Smith’s glass was about two-thirds empty. Witness started to drink the remainder and Siple said: Don’t drink that you d—n fool,” and as he said it.

oipie grabbed the glass and emptied the contents into a spittoon. A few minutes after Smith asked all to have a drink. All took beer except Smith who took a cigar when James Kelly refused to making him a gin cocktail. Smith' began to look sick and Kelly and Siple took hold of him and led him to a back room. Keljy told Cliue to watch Smith. When Smith was taken to the back ^ room witness saw Siple reach into Smith’s pockets and pull out a new pair of gloves. Then Kelly told Cline to go for a doctor,- which he did securing Dr. Link. Witness did not know whether Siple took anj^ money from Smith’s pocket. He further said that after awhile Smith was taken to Milburn’s residence. That night Cline saw Siple and he had a gun. Witness remarked to Siple that the people were saying that Smith had been drugged and robbed and they would probably attempt to fix the blame on them (Siple, Clme and Battles.) Siple pulled out the gun and said: “No they won’t if we keep our mouths shut and any s -n of a b—h that says anything about me, will get his d—n head shot off.” Court then adjourned for the day. At the opening of court Thursday morning John Cline was put on the stand for crossexamination by Judge Gardiner. Cline said he was 34 years old and unmarried. Said he was the same John Cline who was indicted for the same crime Siple is now charged with and who received a life sentence for it and is now serving his term in the Michigan City prison. Witness said he had morphine (about 2^ grains) in powder form on April 26, 1898. He had had the morphine in his his pocket for two weeks. Had morphine many times before as he was addicted to using it (as much as a year before.) Witness knew Franklin P. Smith well. Also knew James Burton, Jake Battles and Frank Siple for years. As to the circumstances surrounding matters early on the morning of April 26, 1898, the witness testified the same as in his chief evidence. He could not describe the pistol which Siple had the night after the afternoon Smith died. About 11:30 Battles and witness were in Kelly’s j saloon and got two beers. They took the beers to the rear room and there sit and sipped them. While they were there Siple came in and Battles ordered a beer for Siple. Nothing was here said of Smith. His name was not even mentioned. In a few* minutes witness went to Liib’s store for some lemons. When witness came back he heard some one in the back room. Cline then started to dinner. As witness got to the door he saw Albert Hisgen and Franklin P. Smith come down the street. They went in Kelly’s, saloon and asked witness to go take a drink. They all drank. Witness then left saloon. Hisgen and Smith were still at the bar. Witness then went to Goss’saloon. Hesfcw Charles O’Neal mid Pete Graves there. Was there five minutes. Didn't talk to any one.

Hadn’t yet taken any morphine that day. Laft Goes’ saloon and went borne. Walked with Alex Marsee. H ad dinner with family. Then went back down to Kelley ^saloon. Battles, Smith and Si pie were in the rear room. This was about 1:10 p. m. The three men were sitting around a table. Smith was eating some meat. Smith invited witness, Battles and Siple to hare something. Witness took whiskv and other three took beer. Bartender'asked me to gather up the empty beer glasses. The morphine witness had in bis pocket was gotten from witness’ sister. Never got auy morphine from Dr, Russell. Was drunk when witness testified before Coroner and did not know what Ihe testified to. During his trial he did n^t testify to having gotten any drugs from Dr. Russell, nor to having seen Siple put his hands into Smith’s pocket in the rear off Kelly’s saloon. Witness helped carry Smith to 'Milbum’s residence. Did not stay hut a lew min

uies. During the cross-examination the following question from Judge Giirdiner brought out a lengthy discussion: 4 Mr. Cline, did you make a statement after Smith died in the presence of other people, that you gave enough morphine to Smith; to kill‘him ?” Prosecutor Cox immediately objected and while it was being argued by the attorneys the jury was given a recess. The question at issue foa the Court to decide was a very important one. The counsel for :he prosecution repaired to the Judge’s private office for consultation. The Court ruled that Judge Gardiner’s question was competent on the grounds of cross-examination and that witness should answer it. W itness said he didn’t remember making t jch a statement to any one, either in Goss saloon or any place else. Witness was arrested that night for the murder. Was dunk and didn’t know the hour the arrest was made. Did not know what he said the night; they put him in jail. He mads no statement to any one that he gave “S mith the dose that turned up his toes.” Hr was so drunk he didn’t know what he sa d the nigh t he was arrested but he knew po: lively that after that he made no such statement, The question in a dozen different forms was put to the witness but in each case he answered it as stated before. He denied positively that he had any cpium or dark pellets of some kind in his jx-okets. Witness denied that he told the wife of Sheriff Bowman that “he knew nothing about Siple being guilty.’f He admitted that he told her that it was his “own eruuken talk that got him into trouble.” Again questioned by Prosecutor Cox, Cline said ne got the box of morphine mentioned in the cross-examination from his sister Emma Cline. Did not . remember giving the box of morphine to Coroner. Was drunk at the inquest. Jonn Clme was taken off the st and at 11:15 this morning. Douglas Barker a Petersburg merchant was then put in the witness box. Wituess testified to haying received $25 from Smith on the day he died. First saw Smith that day at 2 o’clock in Kelly’s saloon. Siple an 1 Cline were there and many others. Saw pockets of Smith searched. W itness and Marshal Minx searched Smith’s pockets. Found receipt and 80 cents in money. Conversed with Siple at Milburn's residence after Smith had died. Siple said he bao carried some beer and whisky to the yard back of Goss’ saloon to Smith and “Flop” Hisgen. Crossexamined Barker said he was assisting to employ counsel tb prosecute the case.

Jacob Battle had known Siple several years. Saw defendant about nine o’clock. Battles and Siple went into the Kelly saloon, drank a glass of beer. They then went to the back room where the defendant and other parties cooked beef steak and ate it and drank beer until after eleven o’clock. Franklin Smith came in about this time, stopped at the bar and then came back into the back room . Smith sent witness after more beef steak and when he came back beef was cooked and eaten by Smith, Siples, Cline and witness. Cline, Siples and Smith left back room together and witness cleaned up room. When witness came into the saloon neither of the other three men were there. In about one hour later the three men came in and Smith bought beer for the four or five persons who were in the saloon. Smith drank a small beer. Witness and others took Smith into the back room presumably drunk. In a short time Kelly ordered a doctor sent for. John Henry Marsee, a helper at Kelly’s saloon cooked first lunch for Siples about twelve o’clock. He furnished Siple at this time with three beers * In ten or fifteen minutes he furnished Siple with three more beers. At this time James Kelly came and witness left for dinner whieh was about 12.30 o’clock. William Berridge said he was at 3111burn’s residence when Franklin Smith died. Siple was there. Siple felt pulse of Smith and said: “Yes, he’s dead. It will give some of us boys a h—11 of a ‘rep’.” E. M. Walker, a gent’s furnisher and clothier of Petersburg was the next witness called. The evening that Smith died, Siple was In witness’s store pacing up and down the floor. Afterward Siple walked back to desk of store. He pulled a revolver from his pocket and witness saw Siple load the pistol. Siple §aid: /‘I’ve done enough of the work.” He seemed to be excited and nervous. Siple immediately left the store. This was about 5 or 6 o'clock. Albert Nieely remembered the circumstances of Smith’s death. Saw Siple the night of the day Smith died. Siple gave witness $5 to get changed. Witness got money changed at Goss’ saloon and- gave it to Siple. Cross-examined witness said Siple met him and said to wait, he’d go home and get some money. A short time afterward he returned with money and the t wo took a drink. Alex Marsee knew Smith and knows ! Siple. On the morning of Smith’s death witness saw Siple and~ Smith m Goss’ saloon but they were not together. .They were in a crowd of men at Jthe rear of the saloon. Charles Brady, bartender for S. A. Goss, said Smith was in his saloon on the morning of the day he died. At 10 o’clock he was in there again. Smith spent about $1.50. Also saw Siples in saloon that morning about the ssame time. Smith left saloon about 11 o’clock. That night Cline

and Siples were in the saloon talking in a low tone. Witness did not know what j they were talking about. „ Cam McGregor saw Sn$|h in Kelley’s saloon on the morning of April 26, 1898, and took a drink together. Smith had money. Didn’t know much. OliTer P. Lamb said he and Smith had taken a drink in Heath’s saloon about 9 o’clock in the morning of April 26.1898. Saw Stnith had a roll of bills. Didn’t knowthe amount. Smith paid witness $1 he owed him. * * Immediately upon the convening of court :his afternoon, the state called Isaac Little jw the first witness. He knows Siple. Saw Smith once or twice. Saw Siple about 9 ur lO o'clock the night Smith diet!, in Goss’ ;»loon, Siple said to George D. Hillman. What did you tell that d—n lie ou Jonh -line for?” Hillman responded that he did j ot tell a lie. Siple further said about Smith's death: “He‘d just as well die as anyone else.’’ On cross-psaminutinn hr

Attorney J. II. Spencer, witness said Siple ti*d not say what Hillman lied about. George D. Hillman knew Siple and Smith. He corroborated the evidence g ven by Little. Hillman testified that S pie said: “Jake Battles, John Cline anti me got in the company of that-—. (meaning Smith) and he has got us into it.'* Siple said they had been out drinking together. - < James Burton, aged 65, knows Frank Si de. He was in Kellys saloon when Battles, Siple and Smith were drinking. Smithy was full ami ordered another drink. Witness told Siple that Smith Jiad had enough drinks. Siple then hit witness on the mouth and said: “Mind your own business, will you?” Witness' saw the crowd after Smith was dying. Other evidence testified to has been gone over by other witnesses. Mrs. Clara King saw John Cline at 1 o'clock on April 26, 1898. > George D. Hillman saw Cline from 8 to 11 p. m., April 26, 1898, and said he did not tear Cline say: “1 gave him the dose that killed him,” or “the doses that kilted him.” Witness said he did tear Cline say in the presence of Ike-Little: “1 gave him sixteen grains of morphine in a. glass of water.” Little said: “Be careful John, what you say.” Cliue spoke in a jokiug way. Isaac Little said he heard John Cline in G. D. Hillman’s presence on the night of the death of Smith say in substance: U1 gave’Smith sixteen grains of morphine in water.” Cross examined witness said the hour was between, th^hour of 9 and 10. Cline was intoxieateljp Cline spoke in a joking manner. Witness told Cline he should not speak so, that exeitemeut was great. He said: “I don't care. We gave him morphine and I don't give a d—n.” Mrs. Clara King says Cline went:toward Main street, after he passed hef house on the noon hour of the day that Smith died. Thihks Cline passed her house between 12 and' 2. • f Dr. Link recalled, says he examined the pockets of Smith and found a knife and piece of tobacco but no money. Examined all trouser pockets. If any money was foupd he don’t remember. Dr, Kime examined pockets. Found he thinks 80 cents, in residence of Mrs. Mifburn or Mr. Barker. Also found one pair of gloves and one other glove, a knife and piece of tobacco.

r rea v rncent lived m Petersburg. Known Siple all his life, saw him after Smith’s death at the window of the jail. Talked with Siple who asked him the opinions of the people. Siple said that Cline had blowed nis head off about him (Siple.) Marshal Mins vras present when Smith’s pockets were examined in Kelly’s saloon. Receipt for $25 and change found (less than $1.) Found in left hand pocket of his' trousers. Don’t remember finding any gloves. Gave money to Doug Barker. Don’t know what Barker did with it. Prosecutor submitted clothes worn by Smith bn day of death to the jury. Cline recalled. ’Was asked whether he gave any opium or morphine to Smith on the day of his death. Defense objected. Judge Houghton sustained the objection. Doug Barker recalled. Found 80 cents in Smith’s pocket. Put it back in Smith’s vest pocket. V After the state rested yesterday (Thursday) afternoon Judge W. R. Gardiner, for the defense, stated what the defense would prove. After Judge Gardiner finished, the defense commenced examining its witnesses. Dr. Kime, the (Kroner, was the first witnesf called for the defense. He said Cline testified before him at the inquest and he answered all questions.. Witness said he thought Cline understood his (witness’s) questions. William Berridge saw Smith on the morning of April 26, 1898, and they had a drink together. Met him again at 10:30 and they took another drink.. Smith said he was going to get drunk as h—11. This last sentence was nqtaiknitted to evidence. Witness next sawSmith'lying on a table in Kelly’s saloon apparently dying. Witness remarked: “Well,Smith kept his promise,’* meaning that he was going to kill a man before night, which Smith had told witness he would do. James W. Kelly* owner of the saloon which has been in so much prominence during the trial, was the first witness for t the defense put bn the stand this (Friday) morning. Witness said Cline and Siple were not together in his saloon up to four o’clock in the afternoon of April 26, 1898. Siple was in witness' saloon in the evening of April 25, about 7:30. the day before Smith’s death and he had a pistol and it was loaded. Siple never had the pistol after that. Witness kept it in a drawer in his saloon until July, 1898. Defendant frequently carried beer to customers in the rear room. Saw Clme in saloon in after? noon about 4:30 o’clock after the death of Smith. T. K. Fleming and Syl Hyden were there. The following question from Judge Dillon called an objection from the state: “What was the conversation between ypu and John Cline about morphine?” fitness had already said there was a conversation. The, jury was taken to the jury room while the attorneys, Cox and Ogden for the state, and Gardiner for the defend? ant, argued the disputed point. Judge Gardiner stated that by the- question the defense intended to prove by the witness that Cline on the evening after Smith’s death made the following statement: * ‘They

•assay I gave Smith morphine, Of course pro got morphine here (displaying it.) I at ways carry morphine with me. * The court ruled that if the question was intended to impeach the evidence of John Cline that it was competent. The defense said that it was intended to impeach and prove a sub* stantive fact both. On this point the court sustained the objection and gave the defense an objection. Judge Pilot* then pat about the same question in a. <li#^ent fom to which the state again objected. The objection was overruled and an exception taken. The witness then said the box exhibited by Cline contained 3 or 4 four dark pellets about the size of a buc kshot. State moved to ^strike out but court overruled. Cline was under the influence of liquor wheu he exhibited the box containing tha (lark pellets. Tom Fleming w*s present when Cline made the statement. Shortly after Smith was carried to 'iiilhttrQs residence witness talked to Jehn Cline at saloon

aoor. pis and took it to Chicago.. Dtaa'ffad* «kre pistol is now. 31 r. Kelly made:;;a;verr intelligent witness ami. seemed to tell a «rraight forward story. John II. Marsee said Sijde frequently carried beer to the rear room,:'tfitf: Kelly’s saloon. At 2:30 the afternoon of Smith's death, Cline and Siple were in Kellv's sa loon. This was after Smith was taken away.^ Didn’t see them any more until after 7 o’clock that evening. i^Sfere, a hundred or more people in tha saloon that evening. t HUfT' * jj Jake Battles said he did not s&$fpie take anything from Smith’s peckers while Smith was in a drunken stupor in the rear room of the saloon. Witness said he was stand - ing near Smith. Siple dul apt put his hands absut the pockets of SmitSt Didn't know whether Siple frequently earned beer to the rear room. On cross examination witness said he saw Cline leave the room to get a doctor for Smith. Was" where he coaid see Siple and Cline phunhi.- Wasn’t “keeping his eyes on fhero^ carefully though. Siple ai d witness were rubbing Smith’s arms. Witness said tied Battles) had had but four beers all that’day and that he was duly sober. N.?v*r saw Siple carry any beer to rear room except on that day. Charles CKNeall, a typical Irishman, was the next on the stand. Sa- Smith about 10 o'clock April 26. 1898. Albert Bisgen was with him. Bisgen, Pete Graves, witness. Smith and two other- were back of Goss’saloon. IMl a can 0• \be«£r. Smith wouldn’t drink any beer. They emptied can and Smith gave witness 25 cents and told him to have the can re il^idand bring him some whisky, Witne-s .did so and Smith drank the whisky. las never seen the two men he didn’t know si»i#th;it day. Siple was not there,. Wi n«Ss and men were there until about 12 o’dpek. Cross examined witness said Smith 0*me to rear of saloon alone. Saw Smith a wad of money from his pocket. Xgk - " Pete Graves rememberer being in the back of Goss’ saloon with ’harles O’Neall and others on the mornin r of April 26, 1898; said he whs drunk an: didn't remember anything that oeeurre1 in the back 7»rd. . . • ' James Marsee said about en days before Smith’s death, he saw Smith at Mitchell's saloon and saw him take a vhite powder of some kind and say: “If taking this to quiet my nerves.” The gla e ohjected and the court told the jury to rot eonsider this statement. Witness said ni this time that Smith had been drinkin: eoosiderably. Seaeral other questions relt; ive to the white powder which Smith took cere effected to and were sustained bv the obflrt In eaeh to the ease the defense took an e ruling. \ Dr. Rice knew Frank Si] years. Was called' to treat year ago to treat him f< r wounding his leg. Siple s ' gpfe him morphine to re:ieWitness refused to administer the mor phine. Wse'" five or six about a accident, witness to the ptain.

Judge Gardiner just be ore noon asked to read to the jury the e idgnee of Cline' given at the coroner's inqt? st en the body _ ef Franklin P. Smith on the; evening of April 26, 1898, Proseeut. f:$bx objected until he could carefully h ok over the eviclOnca He was given the loon hour to do this and court adjourntd for dinner. : 'Tin mediately on the eohvetjing of court Friday afternoon Judge Gw diner submitted as evidence the testimony of CHlie before the coroner. The evideii?e showed that Cline said he was not dr»ok and understood everything that was isked. Charles Brady said he. didi£| see Siplo take any beer to the "back yard of Goss’ saloon to anyone. Witness safcl he didn't hear Cline make the remark-that Hillman und Little testified to. Claude FetUnger of Winslb# remembers the time John Cline was put in jail in April, 1898. It was about 9 or M o’clock at night. Witness was in jail at the timgJ Gip Dedmaan was there. Cline saicTrha witness’ presence: “I give Smith the dose that made him turn up his toes.” C ine seemed to be drinking. Witness thought Cline made the remark seriously. A short time afterward Cline went to his ell and went to deep. After he made the remark Cline reached to his inside padtSi^and said: “Here’s where 1 got the morphine.” Mrs. Lon Goslin, mother of the defendant, says Siple is 28 years old. Lived in Washington about six years. Has been six years since she lived in W ishington. Siple has one child and wife. Saj|i her sdn is in the habit of becoming inroxicated. He is an engineer. Mrs. Chap; ell left two dollars with her for her son mdsbe gave it to him on Monday afternoon , the day before Smith died. She said that several days before this Frank had be n on a big spree. He frequently took morphine to sober up <jn.- Witness was at her home on the day Smith died. Saw Frank s rttfe at witness’ home at one o’clock that day. Frank was at witness’ home at 7 o’ch^chgthat morning. Took a cop of coffee. Frank asked for some morphine but she wouldn’t give it to him. Saw him again at home at ^o’clock that afternoon. Frank went to the cupboard and got something to eat. Frank was drinking. He then went to bedroom. Witness stepped in the room ar.d saw be was asleep. He was sn ring. He got up Continued on Ei ;ath