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tire courtroom, he painted tlsera • a vivid • word-picture- of what happeaefl In the bil liard-room. > V ' George Force and the others were shrinking from th« fact that they were mere or less mixed up in the fight. ~ He declared there was more than one knife mixed up In the trouble. "I want these other fellows," 'he said, "to take their medicine. I want all the black mystery of this case to. be - cleared up by the sunlight of truth." ..' . . Ray Evans' connection with the case ! was handled without. gloves , and in « a manner calculated to make that young man's ears burn. MR. BOVKUMA.\"S SPEECH lii» Exhaustive Argument to the Jury lons timed the Morning. .' Immediately upon the convening of ..■court, the defense having signified that it would call no witnesses in surrebuttal, County Attorney Fred H. Boardman arose and addressed the jury. He said: Gentlemen of the Jury—The eyes of the en tire state of Minnesota '. are on you to-day.. Your verdict means much for or against law and order. The state of Minnesota baa shown you that Leonard R. Day was killed by being stabbed to death by Frank H. Ham ilton, and, gentlemen, Just as sure as they have shown you that Leonard R. .Day is dead, it has shown you that the prisoner at the bar killed him: The state has • shown you. his motive. It has shown you. his con fession, and he comes here now into court flanked by able counsel, for what? To under take to play some sharp diversion game on your minds and lead you away from the truth, and ask yau to find some pretext en which you can excuse him, upon which you can acquit him. Monstrous,- " Human-life is a sacred thing, The inter ests of. civilization said the interests of so ciety are much too sacred to tolerate any such consideration because Hamilton saw fit to undertake the taks of the assassin, mid in bis savage jealousy, to kill Leonard K. Day. There ,is no reason why you should commit a crime and stab law and order because lie I wC %*sstf-&i HUNT LISTENS INTENTLY. •aw fit to do so. You are not to blame for his crime, and. in the name of heaven, why should you be asked to commit a crime in order to excuse him from the crime that he has committed? Ah, gentlemen, if the time shall ever come when cruel, cold-blooded murder such as has been proved in this case can go unpun ished in Hennepin county, then we may as well go up into the prison above, tear off the locks from those iron doors, swing open the gates and bid the criminals go free, as well as close up these courts and do away with all this expensive machinery of jus tice, abandon this massive structure to the bats and owls. We have been informed by the learned counsel for the defense that the prisoner is a young man highly born, an educated gentle man. I do not deny it. But that being so, he must be held to as strict accountability for bis acts as the humblest of men. There is a mass of testimony lying on the table there, and if I misquote a single word of. it, I ask Thompson to correct me. When I opened this case I announced that there were certain things the state would undertake to prove, and when I made those statements I believe every man of you said to himself, "If the state can prove what it has said it expects to prove, there is but one thing for us as honorable men to do." Gentleme-n, you know and 1 know that the state has proved all that I promised you it would prove; it has proved more. An Appeal to Sober Judgment. Continuing Mr. Boardman said that sym pathy was human, but that Justice was godly. He implored the jurors to be The Fountain of Youth '" I feel like a"boy again! " exclaimed Geo. W. Attridge, a man. 97 years old, after a three -weeks' course of DUFFY'S PURE ar* MALT WHISKEY. And ha " J§?L ' l°°^e^ to°-" The ruddy flush ■ mftlfth of health was in his cheeks, the Bny^ML youthful firo aud brightness Jj ■fliflfc tad returned to his eyes, and .^gf^SJ in his walk thero wa3 all the tMALT WHISKEY. And ha looked it too. The ruddy flush of health was iv his cheeks, the youthful firo arid brightness had returned to his eyes, and in his walk there was all the light - hearted buoyancy and i I 1. wBl "vigor of his early manhood. A I'm Ihb miracle? No: that isiustwhat l*li Ul :i DUFFY'S PURE MALT I WHI WHISKEY is doing every day I J3&J for the feeble and ailing who " " use it as a tonic and stimulant. Ir It cures like magic. ,' "- • ': Abram E. Elmer, of Utica. is 119 years old. and has taken no medicine except Huffy's Pure Malt Whiskey for twenty-fivo : years. > i ■') , >. ;, .'■'■...; '_. :■ : ■;" It Is the only Whiskey taxed by the Got crnment as a medicine. This is a guarantee. All druggists and grocers, or direct, $1.00 a bottle. Refuse substitutes. Send for fr«« medical booklet. , ;; ■. , /-- PUFFY HALT WHISKEY CO.. Rochester, H.I, Rubbers .-'•:-. -x We are wiling new rubbers, just .. ; from the factories, in the latest ; styles, at leas than cost to make : . —for instance- '... ,v --, Men's : Rubbers, any style, i 59c. - Ladies' Storm - Rubbers, 39c. ": 1 Girls 1 '- Storm , Rubbers, 35c. " - Children's Storm Rubbers, 29c. Boys' Rubbers, 48c. Youth's Rubbers; 38c. Then we've got ■:■•-. -a large lot of Misses' and Chil dren's spring heel rubbers that i : are all of best quality, but little out of style, any size, 1 9c. wit* W' Shoe Store JJfc GKOUP OF THE "LIT'EAKY LIGHTS" OF THE TRIAL DAY. CAN'FIELD. LH GALLJENNB. DAY. DOWELL. guided, not by their sympathies, but by their sober judgment. He then said: Leonard R. Day was killed. There is no denying that fact. He was the dead man killed in the West Hotel billiard room on that fatal November morning, and the man who killed him was one of the eleven men who were there at the moment of his killing. Who were they? Canfleld, his dearest friend; Fred George, Charles Force, Mr. Geary, Mr. Evans, Mr. Bennett, Mr. Barbe,, and Hamil ton. O'Mally was there later and Mr. Gray. Fred George separated the two men and passed out of the room. George was away from them. He was the witness who says they were striking at each other^ Now, in the dim and ghastly light of that room much is unaccounted for, because much was not seen. Here was the noisy Evans, trying to precipitate a fight with Force. Witnesses' Hamilton's Friends. Gentlemen, where it appears that some thing has been held back by witnesses, I leave it to your common sense as to whether It has not been kept back in the interest of Hamilton. Nearly every man who has" gone on that stand is a friend of his. George pushed the two men apart. 'I am cut," he said, and started for the washroom. He did not know that Day had been stabbed at that moment, but he went to his home in the hotel. Fred George did not kill Leonard R. Day. It was absolutely impossible. Charles Force was there. He was away from Hamilton and Day during the entire fight. Mr. Evans was here (Indicating on the chart.) Forces time was taken up wholly with Evans. Charles Force did not kill Mr. Day; no man will claim that. Hamilton tlie Assailant. Mr. Geary was there. You recollect what a reluctant witness he wa3; how almost with a five hundred pound hydraulic pump we elicited this statement from him: . "Hamilton at the Ume of the second fight, when Day was killed, was the assailant." Mr. Geary did not kill Leolnard Day. Evans, who wanted to fight with Force, was away over at the second table. He was nowhere near Day and Hamilton. At no time was he near them. That is an undisputed fact. Make a par ticular note of it for this reason. Two men were called here from the Pantorium who testified that Evans' pants were cut some where and there was blood on them, and you remember that they were unable 'to testify positively as to the pants Evans had on when he stood before the jury. Continuing, the county attorney said he would not dignify such evidence by dwell ing upon it, that it did not matter if Evans had sent a hundred bloody pants to be cleaned; they had no connection with the tragedy enacted at the West hotel that night. Argument by Exclusion. Evans did not kill Leonard R. Day. Next you have Mr. Bennett and Mr. Barbe. the two traveling men. They were both drunk. Not ordinarily drunk, but drunk. Where were they (Mr. Boardman showed on the chart). When I asked Barbe what he meant by a crowd that Day came out of, he said, "Oh, a few men." Barbe and Bennett were both away from both Day and Hamilton. They did not kill Leonard R. Day. Who else was in the billiard room that night? Charles Ferris, the billiard attendant, who was near his desk. Charles Ferris did not kill Leon ard R. Day. Who e!se was in there? Stephen O'Malley, but he was there but a moment, handling Evans, whom he took out, and he eald as he passed this point (indicating), Hamilton and Day were fighting on the floor. Canfield was there, but he did not see the second flght. '' He was ", watching , X van* and Force. Canfleld did not kill Day. Now I have named every man ; who was in the room who was there at the second fight, all except one, Prank' H. Hamilton, the; only other, man In that billiard-room, who assaulted Day and threw him to the floor; when George walked up and separated them. Canfleld walked out with • Hamilton. * He did not i know why he took him out;: He aaya he: didn't ' know. Caafield is Hamilton's : intimate friend. But he took Hamilton out of the room, and he Hi it, gentlasnea,- >>■«•? he knew Hamilton was In a dangerous mood.":: He f apprehended tauter. ■WhetlMs- be knew of the knife la the arveraaax poefce t I do not knew, bat he feared &xas&r and took HunliLun .put. '" Day is •Jmrtlhg with his stum iolfed. The mat thing tw nave is TftKnitttna,' w3k> comEs; up behitril him. Tiaey . «-gnt. to,- tb«' flnor/i tbsy LE OALLIENNB. CANFIELD. *s PEGLER. were up again, blows were struck back and forth, when George rushed up and separated them. Now, Hamilton was the only man who had any possible dispute or fight with Day. He had two fights with him, and he was the assaulter in both instances. There was no other man near Day at the time when his life went out until George came up and separated! them, and then Day staggered back and went down on the floor between those billiard tables never to rise again. It is ab surd to say that any man killed him but F.H. Hamilton. The learned counsel will probably take up that mysterious other man who has been referred to, Mr. Lester. There was no Mr. Lester present at the time of the homi cide. Mr. Boardman at this point repeated the names of the eleven men who were in the room, and appealed to the manhood and in telligence of the jurors to weigh well his point, that one of them must have committed the crime, asking them to give a verdict upon the evidence and the law. He drew a graphic picture of the coming of the doctors and their efforts to revive Day, Hamilton** Remorse. When Hamilton found what he had done, gentlemen, in his mad jealousy, he was re morseful—there Is always a sense of remorse which comes to a man: that remorse which impelled Brutus to throw himself upon his sword after he had stabbed Caesar. I can picture Hamilton after he saw his dead victim lying on the floor, how his better nature as serted himself, and he sat there with the offi cer, gloomy and peculiar, before hi 3 counsel or Mr. Francis, his employer, arrived and told him to keep still. I can see how he con fessed his crime to the officer. He did not realize then that a defense can be put up for any crime, no matter how, whan" or where. Why, gentlemen, if a man was stabbed right here in this co-urtroom at this moment you would find a hundred men, and I doubt not two hundred women who would com© in here out of sympathy and work their minds into that condition that they wouid testify falsely They would say, "There was a great rush I saw some one injured, but the man they have charged with the crime could not have done it." They could put up a better defense than you can here. Why Hamilton Confessed. Hamilton did not imagine there could be any question about it. He told Officer Rooney all, and he told him his motive for doing it told the whole story. Ah, gentlemen there is no escape from it. Thomas Rooney is an honest man. No man will question his ve racity. Mr. Boardman then adverted to the cor roborative testimony of Robert J Hill the Tribune reporter. He showed bow Hill' was Hamilton's friend, and with what re luctance he gave his testimony. Hamilton said at that time to Hill: "Gentlemen I don't know whether I did It or not " ' Right here was as clear a confession of hit guilt as he gave to Officer Rooney. Is there any other slight corroborative circumstance Yes, the testimony of Chief Doyle. What did Hamilton say to him, "I don't want to talk I have been advised by my friends and coun sel to keep my mouth shut." Is that along the line of innocence? Had he been an inno cent man do you think he would have .hesi tated even though drunk to say "No?" Abso lutely not. Hamilton Fails to Deny. Now, gentlemen, take Hamilton on the stand. Did he deny the crime himself? No, he did not. He has absolutely refused to deny the murder of Day. He has absolutely refused to deny the confession to Rooney. He says that he could not. He doesn't see how he could have killed Day. He don't think he ever gave any confession to Rooney. 1 have been practicing law for a good many years and have sat inside the bar and heard crim inals; have heard them admit and deny, but that was the first instance I ever heard of a man charged with murder going on to the stand and evading an answer. Why did he do it? , Tou all heard what a half' a 3o2en wit nesses testified'to about the;lumps ton Ham ton's head, which J ; were received I from some' kind of a blow and you remember' Hamil ton's i testimony. He remembered being in Starr's saloon * and : all : about going to th* hotel, but he ' does not remember material, essential things. ; Now It . appears that Ham- D Urn grappled with Day and threw him on thm floor the first time. Hamilton remembers tike dlacassion with Day. : This come*. out in THE MIJSJJEAPQLIS JOURNAL. I MUhYOH'S WITCH HAZEL SOAP! . I MAKES THE SKIN SOFT AS VELVET j| a v o •\ ft f week that I regarded soap as a medicme-that it either benefited or injured the whole system; that the pores of the body n 111 *l« em .m ™ 7 less °f *« c 8Oa?' ; X endeavored to show how important it is to avoid poisonous fats and strongalkalies I wish to emphasize this point to-day, and cal special attention to the virtues of / Witch Hazel as Nature's greatest remedy for the skin. ThaHne public has found out the truth of this is shown by the hundreds of testimonials I have already received commending my Witch Hazel Soap • w£« «f*?f * e. deniand f for lt ™v dJ° 8? instantaneous-so large. Orders are comin| in from every part or the*country and our fa^ X*>? 1 ?™ 1° their T utmos + t capacity to fill the orders. I feel confident that, every cake of soap sold will sell many more. The soap is all that I claim for it. I want the people to have the same faith in it that they have in my remedies. Ten years ago when I told the publ c JZI» .Rheu + matlsm ' tfle dld ot bel»ve me. Time has proven the truth of my statement. To-day, when the entire country is £n fiT (TTf V the are no medles °" the market having so extensive a sale as my Cold and Grippe Cures. They are Sanded because the people know from experience, and from the "say so" of others that they relieve the Head, Nose, Throat and Lungs almost insiantly-and so I^ can^refer to my^yspepsia Cure, my Kidney Cure and all my remedies. My remedies are sold in every druSre throughout the civilized world, mostly.2sc each.—MUN YON. . ;' ■' ■: every -arug.store BROADWAY, CORNER 2 6 th STREET, NEW YORK CITY, his cross-examination. He remembers his fight with Day, the first one. He remembers of slamming Day down on the floor; that they got up and shook hands and that they agreed to let the matter rest. Remembers Day saying, "Call me what names you please, 1 won't fight with you to-night," and right there he says, and please note this, "somebody struck me; I remember seeing legs and arms, that is all." Was there any other quarrel or dispute aside from the dispute between Day and Hamilton, and between Force and Evans. Hamilton admits he did not see any. After he got that blow his mind was vague. He did not kuow anything more, ft won't do, gentlemen, you are all past 21 years of age, you are not goings \ believe that Hamilton was laid out with ft 1 blow from a billiard cue or an iron bar. That won't do. The blow he describes could not have been made as some of The doctors' have intimated. My own opinion, gentlemen, is that he received the marks on his face and forehead by falling against the billiard table during his first encounter with Day. Another thing, Ferris testified that he put the billiard cues back in the rack, and another thing, gentlemen, there was no serious wound on Hamilton's forehead at all; only a swelling. Coming back,to Hamilton's forgetfulness, to the fog of memory he found himself in at the time of the second fight, Day stood with his arms folded and Hamilton makes a second assault on him. They go down on the floor, they rise and the fight goes an. Hamilton forgets all about that. He has not got a bit of re membrance, none whatever. His mind is a blank, and he found it the easiest, gentle men, to answer certain questions by saying "I don't know," but how soon he rallies and knows all about it when the officer takes him in. charge. He remembers of going into the closet several times. He remem bers to tell Canfield to send that telegram to Colorado Springs. Ah, gentlemen, that won't do. The blow on his head he.prob ably got by falling against the billiard ta ble, or it might have been done by a blow from Day's fist Day was a spritely boy; he was not afraid; he would be quick to. resent an attack; nobody claims there was any wea pon on the person of Day. HriiiK'N the Knife Back. After Day had been killed and gone down there to the floor Hamilton comes back into the billiard room, back by the body of Day, and goes to chafing or rubbing his feet. I explained that in my opening remarks. He went out of that billiard room after- the as sassination of Day. Then it dawned upon him that he still had the bloody kaife in his possession: then Hamilton closed up the blade of that knife; he walked back into the billiard room and had that overcoat on with the side pocket, where he carried his hand; he walked out to that billiard table and leaned upon it; he got down beside the body of Day with that drunken wituess, Bennett, who was hysterical, he got down, and, they say they offered a prayer. Ah, gen tlemen, I would like to believe that when Hamilton came back he did it for the pur pose of bringing -back to life the man he had slain, but he went back to that dead body for the purpose of laying that bloody knife beside it, quietly and stealthily. Mr. Boardman made "much of the testi mony of Gray, who. he said, was per fectly sober—Gray, the man who discov ered the body of Day after every one iiad left the billiard room. He also repeated with dramatic fervor Bennett's sudden ejaculation when he turned to ,• Hamilton, who was leaning against the table, ."He is dead, and you have killed him."- * - 1, • r-'x-.V ■-. .' j These Were .'Sober. ;.j -£ j .-. •:; . He next adverted to 'the question of so briety of the various people in r- the ;bil liard room 1 that night. ;: He said "that the sober men were George, Force, Day, Reul and ' Lester.'• Th§y ;,were• alt sober; • abso lutely sober. ": They: know what they are talking about. Hamilton had been drink- Ing, heavily and so had Evans.'« Canfleld also: admitted as much. - Barbe and '■■ Ben nett were there' but they were "beastly drunk," in the language of the coun,ty at torney., Gary ■ denied that he was. drunk, and there was no testimony to the. con trary.- ;•-:-■■:". ■;..; ' ■ ■ -" ■ ■•-. • < ." 4 ■'- "Barbe," continued Mr. Boardman, "is the only man who undertakes to show that there was any general mix-up. ' He .is the man < that we *'showed. '. you '■■ tried ■' to hold the state up for money. He undertakes to dispute everybody else. >He says ! Day; came out of the crowd .here,"-(indicating on the chart the location of the men in the room), and declared that Barbe was mistaken. ;; - Mr. j Boardman then. spoke of the dim light of the room, and holding the bloody knife in his. hand, with. the blade partially concealed, ; made rapid evolutions with his arm to show the -jury that the knife used in such i a manner could ? not be . distinctly seen. : • -j.u ■ • '■ :■ O'Malley Pound the Knife. '.' Ah, gentlemen, when O'Malley went: into the billiard room' and tip to the dead body of Day he found* this knife,there whTcti Ham ilton : had i closed up ' and in " all natural : cer tainty had put beside Day. The knife waa there, O'Malley picked it up and put it in his pocket. It \ was' the j instrument with which the murder was committed, j Now, v gentlemen/ th* state has shows you | that Hamilton I* the assassin of Day, by as strong a -chain of evidence ,as was ■ ever - forged ' around a, crtm- inal. We have shown you by direct testimony, not by circumstancial evidence. It is not nec essary for us to show what was the weapon with which Hamilton assassinated Day, or how Hamilton killed him, there were a hun dred ways for him to get the instrument of death out of the way, but It is a strong cir cumstance that the bloody knife was found beside Day's body. The state has not been able to show the ownership of the knife, nor to prove that it belonged to Hamilton. You can understand the difficulty of that; all men carry knives; Hamilton has been a trav eler in the southwest, in Colorado, and through those wild countries. He is just the man to carry such a knife as that. On that night he may have carried it for a spe cific purpose, and that is what the state claims, that' this assassination of Day was done with deliberation. Fair Fight Xot Intended. Xo man intent upon making a fair fight would have been around there with his over coat and his undercoat both on; no man who iutended to fight fair with his fists; a man relying on his honest manhood would take his coat off. When Hamilton went down that corridor and came back with that knife open, as he must have done, and stabbed Day to death, it was deliberate and premed itated assassination. Reverting to the judge's charge, Mr. Boardman said that the court would doubtless instruct the jury to bring in one of four verdicts: Acquittal, murder in the first degree, which required pre meditation; murder in the second degree, which must show the killing also, but which does not require premeditation; or manslaughter in the first and much lesser degree; but that was not his province, and he would pass on to the question' of reasonable doubt. Mathfjuatic.il Certainty Not Re quired. The law does not require the state to prove its case to a mathematic certainty by any means. You might have a doubt in" your mind and still convict; you must of course have a reasonable doubt not to convict. At torneys harp in such cases on this question of reasonable doubt. Why? Because they want to blind you to the facts, to throw dust in the eyes of jurors, but, gentlemen, adhere to your common sense, and while you must give Hamilton the benefit of a reasonable doubt, Hamilton did not give Day the benefit of any doubt. The state demands that sym pathy shall be laid aside when it comes to the plain duty of jurors; they must be ac tuated by divine justice. It will be easy for you to listen to Mr. N'ye's oratory; he will at- I tempt to drag you away from real issues by compelling tears to your eyes; he will plead to you to acquit the prisoner, but the prisoner has sent poor Day before a higher tribunal. We will not say anything about that nor the poor widowed mother who was unconscious I and Unable to come here to testify the other day; this will all be forgotten while they only beg for mercy for the criminal. Ah, gentlemen, think, when Mr. Xye brings tears to your eyes wipe them out and do no j injustice; give his client all he is entitled to, but remember he stands convicted upon his own testimony aione. Mr. Boardman at this juncture held aloft the bloody cuffs removed from Hamilton's wrists on the morning of the murder. "They will claim," he said, "that Hamilton was working over the body of Day, and that while so doing he got this blood on his cuffs, but I tell you it is a strong little circumstance, the testimony shows this." The Trail of Blood. As to the trail of blood, Day lay here (indi cating). The trail of blood went out of the room, went around here and into the little washroom. Here was the bloody floor, bowl and towel; there is no dispute about that, and do not let your minds become muddy on that. Day was assassinated about here (indicat ing) staggered and walked and fell here (indicating). Day certainly made that trail of blood from where he was standing to where his Lody fell—from the place where the conflict actually occurred to where he sank down, making really a continuous trail of blood. As to Mr. George's statement that he went between the billiard tables on his way out in a different direction from that shown by the trail of blood, Mr. Board man expressed the opinion that Mr. George might easily be mistaken in regard to that matter. • Continuing, he said: The testimony is absolutely undisputed that the quarrel between Force and Evans was entirely separate, apart and distinct from the fight between Day and Hamilton, there were no other fights or disputes in that room that night. ■ We;. come . now :to the: question of motive. Gentlemen, you i have seen ! that motive, the motive that. perhaps is • responsible for one-half '. of . the murders committed in; th« United ' States, \ the motive of jealousy over, a woman. You remember the statement of Mr. Mannix. You saw the motive in the interest of Miss : Slagle, who was ■ sworn and testified here ,■ on the - stand, another dangerous wit ness, for I the'_, state, ; but we felt it our duty to produce her; you heard the question* that the state asked 4, her. Yon ; beard the ques tions 'I - asltad • her down to the. point \of »my coming to a talk that all* bad had with Bam-' MONDAY EVENING, FEBRUARY 18, 1901. ilton concerning which I wanted to bring out what that conversation was; you saw the young woman look up to the court and, as she had been advised by counsel to hold back on her privilege, replied that it she answered my question it would incriminate he^r. You heard the ruling of the court, and the witness was excused. Hamilton had the motive of jealousy when he assassinated Day. Circumstantial Evidence Good. Mr. Boardman spoke of circumstantial evidence, which he said was very often the best evidence in the world. He illus trated his point by saying that a man might be an eye-witness to a murder in the street, might see one man shoot an other and see the victim stagger and fall. That might be considered the strongest possible evidence, but it might be claimed that the assassin fired with a blank cart ridge. Wltnesse might be brought to swear -that at that same moment another shot rang out from a window in the vi cinity; that one set of witnesses might have seen the victim in the crouching at titude when the shot was fired, while others would say he was standing erect. Mr. Boardman pursued ihis line of argu ment at some length, and then turned his attention to Mr. Nye. Mr. Nye, he said, would put up more theory to turn the jury away from the facts "than you can imagine; but, gentlemen, confine your selves to reason and be guided by common sense." KrdiiiHim'H Testimony. In closing, Mr. Boardman said the de fense had failed to introduce any defense. It was Erdmann's opinion that some one* had inflicted the wound from behind. That testimony was worth absolutely nothing. There is another man who stands by Dr. Erdman—Dr. Murray. We have introduced Dr. Dunsmoor; no man will question his scientific ability. We brought Dr. Weston and both agree with Dr. Nelson that the person who inflicted the wounds stood in the front. In every tragedy there is a com edy and in this tragedy the comedy seems to be Dr. Murray. You remember he said that with the subclavian artery ■ severed a man might live from three to eight minutes and remain' standing ten minutes. Mr. Boardman took out his watch and kept the jury in suspense thirty seconds. Then he asked the jury if it could imagine an intelligent man saying a dead man could remain on his feet two minutes. He called attention to Murray's state ment in order to discredit Murray's denial of Rooney's testimony. He was trying to cast some imputation on Mr. George when he said he'd made up his mind that the murderer had left the bloody trail to the washroom. I call your atten tion to the manner of the man. About Starr Jackson. There was S. K. Jackson of Milwaukee. Who ia 8. K. Jackaon? He- says he was for four years a clerk at the West Hotel. When his young friend dies, bis life cut off tn a terrible and sudden manner,this friend comet here without being subpoenaed to traduce the memory of his friend. The old Latin saying, "Nil, nisi, onum," couldn't be applied to Jackson. Day's character was as much above that of that scoundrel Jackson as heaven is above hell. He came here all the way from Wisconsin to besmirch the character of his dead friend. I wish I might fashipn sentences that would rise and writhe in order to ex press my contempt for such a character. I have not attempted to indulge In any wild outbursts of oratory. I will leave the wringing of tears to the able counsel for the defense. Only remember this —Hamilton has not denied that he killed Leonard Day. The state's attorney again referred to testimony already touched on and under took to make light of it. , , "Stick to the text: Is Day dead, who killed him; don't get away from that." ;V Mr. Boardman again sought to impress the jury by dangling Day's bloody clothes before them. . "Gentlemen," he said in conclusion, "when you go into the jury box leave out all the nonsense.!" Go ' down deep to the. eternal rock of reason and all the gates of hell cannot prevail against you." ;"'..' . REBUTTAL TESTIMONY It Wai All Put In Saturday After noon. The state finished its • rebuttal in an hour and a - half,•* Saturday afternoon, ad journing before 4 o'clock until this morn ing. The defense consented that the argu ments should be made this - morning, Mr. Nye making the sole reservation that Mads Nielsen, the hack driver, might be called in rebuttal this morning, if de- | sired. There was a flutter •of expectancy as ; -j Judge M. B. Koon took ■ the stand , Satur day afternoon. It was not known that the judge : was in' any way connected with the case and what *he had to say' was closely received ,; by the % onlookers. *.: ■ It transpired ' that Judge ' Koon was i simply placed on ■ the stand by the state to I prove that Day had called at his : house ' Thurs day,- the night before the homicide. This evidence' warn Introduced,; as the' state ' ex-; plained, to show that Da/ was not "drunk or disreputable." : ; • v . ' Mr. Nye retorted that th* defense had' Young Man §YOU Need Treatment Help to you is the open door through which beams the _ light of Hopel THIS OLD DOCTOR has been the tried, trusted and true friend of thousands of young men, during his 38 years practice, who were the victims of every form of Secret, Private trouble. You can consult him privately from 10 a.m. to S:3O p.m. at the offices of-the Minneapolis Private Institute, 102 Third St. S. Opposite I'ostofflce, Minneapolis, Minnesota. never claimed that he never visited re spectable places. 'NOTHER FAIRY TALE One From Denver Abont a Hamilton Love Affair. A morning paper published a wild tale purporting to come from Denver to the effect that despondency over the death of a sweetheart, Mrs. Ella Peterson, of Den ver, had so preyed on Hamilton's mind as to put him in a menial condition wherein it was possible for him deliberately to go about the killing of Day. Hamilton was said to have gone :o Denver last August to see Mrs. Peterson, with the idea of mar rying her. He found her very sick with consumption. She was out of her mind and unable to see him. Broken-hearted over her approaching dissolution, the story went, Hamilton returned "all broken up" to Minneapolis. In September, four weeks before the murder of Day, Mrs. Peterson died. The death of Mrs. Peterson, so ran the tale, completely unnerved Hamilton and made a chanced man'of him. 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