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A " PLEA FOR THE GIRLS OF MINNESOTA. Peppery Speeches by Senators Hill and Wolcott. Weather: Fair; Slightly Warmer VOL. XVIII.— PRICE FIVE CENTS. The first issue of the GLOBE wag put on the streets of St. Paul the morning of Jan. 15, 1878. It was a four-page paper, and the type from which it was printed directly was set up by a dozen compositors, out of wooden "cases," resting on old fashioned "frames." Today's'issue of the GLOBE, sev enteen years afterward, is printed from '• plates cast from matter set entirely by machines. The deft j hand of the skillful operator now I touches the key-board to bring into J line letters he formerly picked up • one by one with the fingers. Each letter, or matrice, as it falls from the "channel board," or receptacle that contains the matrices, takes its place by the law of gravity, without touch of finger. To explain the descent of the matrices from the channel board after the keys have been pressed ' would involve too much technical de tail. Suffices to say that, while the machinery is delicate and compli cated, the operation itself is simple. When a line has been filled the operator is warned by a bell. The machine itself practically "justifies" each line, and there is no "stick" to . "dump," nor any distribution by hand afterward. When any given line has been set it may be duplicat ed as often as needed without re setting. The ten Mergenthaler Lin otype machines today in operation in the GLOBE composing room will easily set each night in eight hours i an amount of matter equally to the work of forty men for the same time under the old method of hand com- | position. The machine will give ab- j solutely correct returns, too, if the operator manipulates the keys with out blunder. To misspell, it is nec essary to press the wrong key. A "C" will never come by pressing the key marked "E," for instance; and the arrangement for bringing the t matrices into proper place in line is such that, no matter how rapid the operator may be, it is impossible j for letters to become transposed in | descent. There is no possibility. of j false distribution, hence no mixture i of letters. These machines will set ordinary heads as easily as straight reading matter. Tabular work, half or full measure, is also produced with sur- prising handiness. Markets, too, full of figures and fractions and odd "sorts," are set on a machine with a specially arranged keyboard. The GLOBE can be produced with a non pareil or a minion dress, solid or leaded, as may be desired. Change of dress is accomplished simply by a change of channel board. The solid ity or openness of the matter set is regulated almost in a moment by the expert who cares for the machines. In fact, while these machines look, and are to a certain extent, compli cated, it is really wonderful how easily they are manipulated to pro duce results that were regarded as impossible but yesterday, as it seems. While the GLOBE, always abreast of the march of progress, has added these machines to its already ex tensive and complete equipment, it must not be suppFosed that there is no hand-composition done in the of fice. "There will always be a certain percentage of that. While most of the frames and cases are to be dis pensed with, the department for handling the "ads" will be enlarged and improved. To properly set up and display the lines of advertising for a metropolitan newspaper requires in itself a very extensive equipment of type, cuts, border, ornaments and "furniture." All advertise- '. ments, with the possible exception of legals and similar solid matter, are set by hand, and this work re quires the services of several men every day in the year. DREAMS COME TRUE. Development of the Perfect Type- Setting Machine. It is many years since the first at tempts were made to construct a machine that should set type. From the very inception of the idea am bitious inventors who attempted the feat were laughed at as dreamers. Even so late as 1890 it was held to be open to grave doubt "whether ; the nimble fingers of a good compos- j itor, aided by the brains which no j machinery can supply, do not fa vorably compare, on the ground of! economy, with any possible median- i ical arrangement." Today even the good compositor realizes that the doubt is dispelled. The so-called wild dreams of other day., have beep, mc.c than realized. ! \\ \ II / * And still the inventors and mechani cians are unsatisfied. The seemingly perfect Mergenthaler machine is be ing steadily improved. There is no ticeable difference between the first batch of machines put into a news paper office in St. Paul and the sec ond. Surprisingly improved are the GLOBE machines over all the others so much so, in fact, that a photo graph of the earlier product of the factory could not be used to give an adequate idea of the triumphs of inventive genius and mechanical skill on which the type was set for this issue. , -*? ' • Gone forever is the time when a typesetter had to put in the after noon distributing type, in order that he might set it up again at night. Un der the old system there were weary hours of preparation for the call of "time," when work began on the putting together of the news for tomorrow's issue. There were emer gencies, in the development of the day's telegraphic reports, that no editor or foreman could foresee; and consequently a rush of matter to be set that often delayed the issue of the paper. Today the operator sits down to his machine with an illim itable supply of sorts ready to tho touch of his finger the night editor and the foreman rest easy in the confidence that they are masters of the situation. Highest and latest developments of the patentees and manufacturers are the ten machines by which' this paper is now set up. They represent not only a vast expenditure of time, energy and money, but they also contain within themselves possibil ities in the matter of type-setting, that were undreamed of even by en thusiastic inventors a few years ago. The Fraser composing machine, one of the fir^t, if not the first ever suc cessfully operated, in the hands of a skillful operator would do " rapid ■work, and was considered a wonder ful piece of mechanism in its day. But it was lacking in many of the es sential points that distinguish the Mergenthaler machine, because of An Early Attempt. their simplicity and perfection of operation. A cut of the Fraser com- posing machine appears in ths arti cle, from which it will be seen that there is little or no similarity be- tween the two, either in arrange- ment of keys, channel board or dis tributor. Great as is the difference between this old-time. English ma- chine and the Linotypes in the GLOBE office, it is hardly more pro- nounced than the difference _ be- tween the earlier and the. _ later Mergenthalers. One of the most human-like move- ments ever seen on a piece of mech anism is the distributor on the i GLOBE machines. The operator j touches the- keys necessary to form any given line of matter; then he : pulls a little lever that sends the line out of his way and begins on a new one. At the proper moment, when the finished line has been moulded and trimmed, an iron arm, with sure but delicate fingers, reaches down and clasps the group of mat- rices. But it doesn't take the "spaces;" it has no use for them. They are hypnotized, dropped out and sent to a neat little receptacle just above and. in front of the oper ator's eyes. The educated iron arm withdraws with the precious little matrices in its fingers, and then deftly sends them into the midst of a combination of wheels, springs and openings. They are : separated quickly by an arrangement , that never makes a mistake. Each mat- rice must of . necessity? take its posi tion, like a well-drilled soldier of the [press that it is; and it will only ! come forth again at the command ! of the handsome and scholarly gen- tleman who used to be known as Slug 'Steen. He, of course, is anx ST. PAUL, MINN., SUNDAY MORNING, FEBRUARY 17, 1895.— SIXTEEN PAGES. ious to have every matrice go through as often as possible, for speed in operation means coin" in the rainy-day sock. It is seldom, however, that an operator becomes speedy enough to work the machine to its full capacity, 10,000 or more ems an hour. . . . HAWAIIAN OUTRAGES. FIENDISH METHODS USED ON THE SUSPECTS. STRUNG UP BY THE THUMBS To Compel Them to Confess To Compel Tliem to Confess Whatever Their Tortur- . ers Demanded. SAN FRANCISCO, Cal., Feb. 16.— The Call prints the following from Honolulu: The success of the gov ernment of Hawaii in conducting its treason cases was due to the incrim inating evidence given by Capt. Will- iam Davies, of the steamer Waiman- alo. The manner in which the sworn statement was wrung from Davies is interesting as showing the peculiar process at present existing in the Ha- waiian Islands. Davies and his mate, Knudson, were arrested on the morn ing of Jan. 6. Knudson made a con- fession telling what little he knew. Davies, who is an American citizen, refused any information, and while protesting his innocence, demanded an interview with the United States mm ister. This was refused. Davies was then taken into the prison yard.where he was shown . two ring-bolts in the wall above his head. The uniformed inquisitor of the government then gave the captain to understand that if a complete confession was not forthcoming he would be strung up by the thumbs. Davies did not flinch, but determined that if the American minister should not come the consul- general should be informed that he was an American citizen and wished to see him. His protest was in vain. His legs were bound below the knees and his thumbs were lashed with whip-cord to the bolts. A cord was placed below him so that the unfortu nate man's toes just touched it. Da vies was stripped to the waist, while Marshal Hitchcock, Attorney General Smith and Surgeon Cooper with a stenographer, awaited the statement which they believed would be forth- coming. They were mistaken. Davies would not weaken. Sweat oozed from every pore. The strong man in his agony begged a drop of water to cool the thirst that consumed him. The tendons of the victim's limbs stood out like strands of rope; blood vessels knotted on his arms and legs, swell- ing as if ready to burst with congested blood, restrained in its course by his abnormal position. His tormentors urged him to implicate all known to be politically opposed to their meth ods, but without avail. Davies re- fused to surrender the secret he had sworn to protect. ' At last, when it was apparent by his respiration that it would be impossible to hold out longer, nature succumbed, and Davies, cursing the fiends who were torturing him. fainted. Dr. Coop er used salts of ammonia to revive the captain, who had passed into the pain- less • realms of unconsciousness. As j soon as he revived two negro convicts suspended him 'again by the thumbs. This inhuman operation was begun at noon, and it was 6 o'clock in the even ing before Davies, more dead than alive, made the statement that respited him from the inhuman barbarity of his persecutors Another case of torture was brought to light in military in- quiry.. . A young native, who was" known to be intimate with Carl Wide-" mann, was handcuffed at the wrists. Then with a ' refinement of cruelty which would shock the Persian satrap, he was placed in a tank of ice-cold i water. He was kept there until circu lation of the blood in his extremities had almost ceased, and Dr. ] Cooper, who appears in the unenviable light of an arch inquisitor, declared that ac- tion of the heart was almost suspend ed. The chief of police, Marshal Hitchcock, had the young Kanaka i taken from the tank, and after being restored from his condition of semi- consciousness the torture was. admin- istered again. Flesh and blood could. stand such inhumanity no longer -and - the much-neededl confession was given. 'fZ .7>Wll1 j Satolli Go to Lisbon. V WASHINGTON, Feb. 16.-Mgr. . SaY ', tolli was surprised at the report | from Rome, that he would become nuncio at Lisbon prior, to his elevation to the cardinalate. There is no evi dence at the delegate's residence con- I cerning the reported move, and it is t regarded as general speculation. It is said that there is no vacancy in the place of nuncio at Lisbon and no pos- sibility- of a change there within the i present ye&r, , :, ,^u_.__^ v » STORM IN SENATE. Hill's Financial Resolution Stirs Up the Free Silver ■ Stirs Up the Free Silver Animals. Animals. WOLCOTT WAS BRISTLNG WOLCOTT^ WAS BRISTLNG With Sensationalism in De-" nunciation of the Pres- nunciation of the Pres ident. HILL DEFENDS GROVER. HILL DEFENDS GROVER. Teller Characterizes the Bond ; tissue as a Monstrous Fraud. j WASlff-NGTON, Feb. 16.— A storm of financial debate swept over the senate today, exceeding in intensity any discussion the upper branch of congress has had in many days. It was brought on by Mr. Hill's advo cacy of his resolution defining the policy of the government for bimet allism and for paying its obligations in the best money in use. The New York senator spoke with his usual vigor, and was closely followed in his plan for sustaining the national credit by a declaration of policy to the world. But Mr. Hill's speech was merely the warning note of the storm. He was followed by Mr. Wolcott, of Col- orado; Mr. Lodge, of -Massachu- setts, and later by Mr. Teller, of Colorado, in the most scathing de- nunciation and arraignment of the administration for its recent bond contract with the Rothschilds and other foreign bankers. Mr. , Wol- cott made a direct and personal CRITICISM OF THE PRESIDENT. Mr. Lodge was more temperate, but quite as severe in his personal arraignment of the president, de- claring that the recent bond . con- tract was the blackest act. in the his- tory of American finance. Mr. Teller added to the flood "of criticism on . the recent acts of the administra tion. V 'ffZ: :' f Mr. Hill replied briefly and with a spirit. He declared that a futile effort was being made to arraign the present administration for its ap- peal to the Rothschilds, while.'as a matter of fact, former Republican administrations had sold bonds \to these same foreign bankers. Mr. Hill declared that the president, and the secretary of the treasury had se- cured the best terms possible. The senator closed his speech by reading the Associated Press cable from Berlin, announcing the purpose of Germany to convene another inter- national monetary conference. No action Was taken On the Hill resolu tion, and a renewal of the financial discussion is expected on Monday, Mr. Vilas having already given notice of a speech. The rest of the day was given to the agricultural appropriation bill. .-.',. MR. HILL'S SPEECH. When Mr. Hill took the floor to dis- cuss the resolution, he was accorded close attention as he proceeded with great vigor and earnestness. "This declaration of the policy of the, gov ernment should receive the support of every '■ senator," said Mr. Hill, ."unless there sits about this circle a gold mono-metallist or silver mono- metallist. I have few ' words for them. But assuming that a senator is for bimetallism, then this declara tion of policy embodies his views. It is a safe, wise and appropriate resolution for the present emer- | gency." Mr. Hill said that the dec- laration first announced as the true policy of the government that our efforts should be turned tow ard the accomplishment of bimetallism. , "I need not remind both political parties that this is what they pro- fess," he said. "It is of supreme mo- ment that we should declare to r the .country, and to the world that it is not our policy to maintain the single gold standard or the single standard of silver." . V , Mr. Hill said that on general finan cial questions, congress was further apart now than it was six months ; ago. The proposition for gold bonds \ on one hand was met by the proposi tion for unlimited silver coinage on the j other hand. What had become of the ' proposition to redeem?' the greenbacks and the financial plans? "But in this condition ; of mac tion," proceeded Mr. Hill, "congress can at least take this one step that I j 'will assure the world that, although ! we have our hands tied on these ] various measures, our bonds may I be taken with the full assurance that they be paid by the best money in use." Mr. Hill said there was prospect of FURTHER ISSUE OF BONDS. Let us then keep down the interest. What could either party gain- by in- action on this subject, by bringing on a panic the coming summer and bringing congress back to Washington again for further legislation. .: ~jy ■;:• ■;, -' * Mr. Hill closed with an eloquent pero- ration for maintaining the national honor. 7, i "At least we can say,".4 saids he, "that this congress is not com- mitted to gold; that we ■ will ."proceed steadily toward the realization of bi metallism;; that we will ."maintain our national honor and credit by paying our obligations in the best money in use." WOLCOTT ARRAIGNS. r |_j "After Mr.Hill concluded his remarks in the senate today Mr. Wolcott; (Col.) rose to reply. 7 In a speech bristling with sensationalism and denunciation of Mhe president for the . recent v bond sale, he declared that ''"'he";- was in- formed by a "resolution of a New York , bank, that the bond syndicate- would never be compelled to pay more than iii ' per cent of its | investments; "that the bonds it had bought at 104.5. were al ' ready being sold for 112 and that there was a great demand for them.". [The president, he said, had already at? • tacked the government's credit. He | said that his message to congress con- tamed a ' lying . statement that „he ' de- sired to maintain the parity of our cur** I rency when he had already negotiated contracts which discredited silver. J, Mr. Hill replied to Wolcott in another plea for his resolution. In closing he declared himself an earnest bimetallist and hoped to see the restoration of sil | ver succeed. He was requested to read an Associated Press item just received j from Berlin announcing that action had been taken looking towards the reha bilitation of silver. ?!,"-- ."" 7 -' TELLER'S ROAST. li Mr: Teller (Col), arraigned the pres ident in severe terms. He character- ized the recent bond transaction as a most ; monstrous fraud. During the long years he had been a student, of the 'affairs of this country there had never been a time when opportunity was offered for the public to charge dishonesty in a financial . transaction by the government. It was idle for senators to say that this was the best the president could do. 'With bonds less desirable selling on the market at 110, it was futile to say that a better price than 'lo4% could not be obtained. It was impossible to characterize too strongly a transaction which placed the credit of the best government of, the world 4 per cent below that of Egypt. ''X'XZZfyfAl^'A -.. . , Mr. Teller bitterly arraigned the administration in its dealing with for- eign bankers. The price paid for these bonds showed that the bankers had a pledge that they would be paid in gold. And yet this arministration gave the banking syndicate a bonus of one per cent to take the bonds. : ?r;Y'.??' '■■ "There will be a breaking down and a breaking up in this condition of things," declared Mr.Teller, impress- ively, "and when that comes silver "will have its inning." ■' Mr. Vilas gave notice that on Mon- day he would address the senate on the financial situation. The consider j ation of the agricultural bill was then resumed.- 7:';Y7,V • The committee amendment for an in- spection of live cattle, the meat of which fresh, salted, canned, packed, etc., is to be exported, was agreed to. The agricultural bill was laid aside without final action and the senate at i 5:30 went into executive session, after which it adjourned. '. {•s?. «"'.:., y.. '" ' ■ f. ALL. HOMEWARD BOUND. AI-L HOMEWARD BOUND. (Victor and Vanquished Start for Minnesota. ■ . Y'-'Y ' j- especial to the Globe. •:> ': Y',7 "YY ■' WASHINGTON, Feb. .16.— The visit ,'ing Minnesota statesmen of the Demo f cratic persuasion are tonight on their way back to Minnesota. Marshal Campbell, after fixing up his accounts to his satisfaction, finally got away last evening, and at "3 this afternoon : National Committeeman Doran and Messrs. O'Connor and Lawler shook the dust of the capitol from their feet. V Senators Davis and Washburn prom i ised that the new marshal will be con- I firmed on Tuesday, and,- in that event, I he will take possession of the office as ! soon as he can file his bond. Congress i man Hall, in discussing the matter, ; j said: - V .'77 V - , .' "Of course, I had nothing to do with l the ■ appointment of Mr. O'Connor^ and ,;.l am will ing. to leave it to the people Vof Minnesota. They are -capable of > , i judging of it. I have only to say that " f it' was made over my protest." ; ■ Congressman-elect Towne : made his first appearance at the capitol today | and lunched with Stephenson and a | number of other . Michigan members. j Mr. Stephenson presented him to Czar ; Reed, who gave him a cordial recep tion. He -will remain until the end of the session. , .. ■■ "Y'Y.Y ' Maj. Baldwin today secured the promise of the committee on rules j that the Altamonte proposition shall I be brought up under suspension of the rules on Monday. This will require a I two-thirds vote to pass the bill, but it j is the best that can be done, and to ! night the Altamonte people are more than hustling, as are the members of the opposition lobby under the direc tion of ex-Congressman Dunnell. If the bill can be passed in the house; Senator Washburn will take care of it in the senate. ~ BONDS BROUGHT GOLD. 1 !_JONDS BROUGHT GOLD. Xo Other Metal Has Been Paid ""'? .Into the Treasury. WASHINGTON.Feb. 16.— Replying to a! resolution of the senate of the 6th inst., as to the kind of moneys received ! in exchange for the United States j bonds issued under the refunding act of 1870, the secretary of the treasury to- day sent a statement to the vice presi j dent showing that there were sold I $500,000,000 worth of 5 par cent bonds of I 1881, $185,000,000 41/. per cent bonds of 1891 and $710,345,950 4 per cent consols of I 1907: total, $1,395,349,950. The proceeds ! of these bonds were paid into the treas ury in United States gold coin certif icates, called bonds, past due coin cou pons, and in some instances uncalled 5.20 bonds subject to call. He says that the amounts, respectively, of bonds, coupons, certificates and coin received cannot- be stated from the records of the department, but that the entire pro- I ceeds were equivalent to United States ! gold. V.V j .XO COLORED GIRLS WAXTED. j Discrimination Charged _ in the Bureau of En Braving. .WASHINGTON, Feb. 16.— civil j service commission has just made pub | lie correspondence with the secretary i of the treasury respecting alleged dis- I crimination on the ground of color hi, the removal of women as plate print- ers' • assistants in the bureau of en- graving and printing. The following is the statement concerning the matter made by the committee: - i "These 'women were appointed j through competitive- examination un- der the civil service rules. Since Mr. Johnson became chief 'of the • bureau on July 1, 1893, there have been eighty- one women removed who were ap- pointed through examination, and of these eighteen were white and seventy colored, leaving only ten colored women remaining in the' service. This was out of a j total force of 367 printers' as- sistants." - ■ RAXSOM WANTS IT. Xorth Carolina Senator After the . - " , Mexican Ministry. WASHINGTON." Feb. 16. — Senator Gray is engaged: in circulating in .the senate a recommendation to ' the pres ident that Senator Ransom, of North Carolina, be appointed minister to Mexico . to succeed "■- Hon.- I. P. Gray. He has so - far presented it j only to ■ Democrats. All of _ them 7 to '■ whom it - has- been shown have signed except Senator Hill, and he has asked to be excused hot on the ground of opposi tion to Mr. Ransom, but because he says he is not 'making any recom mendations to the president. Many of the'l Republicans have expressed a de | sire to sign the document, and it "will be presented to them -when the Demo- I crats; shall have been canvassed com- crats shall have been canvassed com- pletely. LAWYER'S SECRETS. They Cannot Be Told In Court by Lady Stenograph- ers. NEW SURPRISE FOR ERWIN. NEW SURPRISE FOR ERWIN. Miss Wachter Not Permitted to Tell About Blixt's to Tell About Blixt's Statements i.v-"" Statements MADE TO HIS ATTORNEY. However, Judge Smith Will Hear Arguments on Mon- day Morningl. day Morning. : The defense in the Hayward .trial at Minneapolis buckled down to its work yesterday morning as if rftth- ing had happened. In fact, there is a very general impression that noth- ing did happen except what Lawyer Erwin was well aware of all the time. He was as smiling as the con- ventional basket of chips when -he came into court and presented an unruffled front to the enemy. Mr. Erwin affects to believe that Wil- son's story has not weakened his case in the least. On the contrary, he seems jubilant over it. His client, too, shares in the general good feel- ing, but just how they manage to extract joy from the liveryman's moonlight observations is not ap- parent. • Wilson was put on the stand by Erwin. He had to.be sent for. He did not want to testify. That is what he said on the stand. Almost the first question put to the witness by Mr.Erwin was, "Do you know Mr. Sweetzer here?" Witness said he did not, and added a moment later that .Sweetzer had called at his house last Sunday and asked him about the case, and he refused to tell him any- thing about it. A moment later he used the word "they" in speaking of the rig, and Mr. Erwin, who, at that time, was supposed to kuow nothing about the occupants of the buggy, asked this question: "Where did 'they' come from?" a question which would indicate some know- ledge of what Mr. Wilson had in mmd — that there were two people in the buggy. It is clear that the defense will try to make capital out of Wilson's story, but. just how can only be conjectured. Wilson says. •he did not see Blixt >as he drove along the boulevard.' It was a moon- light night, and he saw Hayward's. face with the moonlight shining on it. The man he saw seated at Miss Ging's side had a light mustache and wore a brown hat. The defense will doubtless claim that Mr. Wilson is mistaken. That he could not dis tinguish the color of a hat at that time of night by a cursory glance at both occupants of the buggy. Then : the recognition of the rig itself will doubtless be questioned. Liverymen say that at. 7:20 o'clock that night it would not have been possible to recognize the horse and buggy. It will be remembered that Mr. Wilson was not urged to be sure about his impression that the man he saw was Harry Hayward. On minor points in the course of the trial hours have been wasted in trivial questioning, but on this all-impor tant point the WITNESS WAS. EXCUSED . without 'being pressed for. a clearer recollection of his impressions. Mr. Erwin, it is true," asked him a good many questions, but he kept away from the main point. He did not say, nor did Mr. Nye: "This is a serious thing. ' Are you absolutely certain the man you saw in that buggy was this defendant?" Both sides j left the testimony of Mr. Wilson open to all sorts of speculation. A strong alibi may be established for Hayward to prove that he could not have been seen by Wilson. If this is done, then Adry, or the mysterious "third party" with the pointed shoes, may furnish the defense with a plank to stand on, and pave the way for a "reasonable doubt." ■ , So far. as Hayward's movements are known on that fatal night he could have been with Miss Ging, and, despite the sharp figuring on time which some people are indulging in, he could easily have covered all of the ground and had a little time to spare. The proceedings yesterday were dull and uninteresting, and were taken up with the examination of a number of physicians and surgeons, the defense trying to prove by them that; Miss Ging could not have fractured her Skull and sustained the other injuries to her head and face by being pushed out of the buggy, j -'. ;'7 77 V; Maggie Wachter, the stenographer employed by Blixt's attorney, was called to the stand. Miss Wachter is the young lady mentioned by Mr. Er- win when cross-examining Blixt. Ac- cording to the insinuations in that ex- amination, Blixt told Miss Wachter while she was taking down his state- ment for his attorney's use that he and Adry put up the job, and had agreed to lay the crime at Harry's door in case they were caught. MISS WACHTER was the first witness of the day. She had a sore throat, but tried to heed Judge Smith's admonition to talk loud. She stated she had lived in Minneapolis for five years, and was employed . by Blixt's attorney as a stenographer. : . "Were you called on to take a state- ment the day before Christmas?" asked Erwin. 7: . . 7 .: - * "Yes, sir; it was a day before a holi- day. ;■ I went there with my employer.-' There was no one there except an at- tendant, and he went out." . Y . " Erwin asked the court for the rule' ?of | the j court as to how his * question should be asked. The court ordered* ' words ! of the "statement read and the " witness to answer ."yes" or "no." 7 Erwin read the .statement . imputed to Blixt, saying that he and Adry had planned the murder and had gone out; to Lake „ Calhoun to arrange the de- tails. .Before Miss Wachter could an-] . swer, Nye objected on the ground that ■ it was not a proper question, and was ' PRICE FIVE CENTS.— NO. 48. .ailing for a confidential communica tion made by a client to his attorney. To settle the point as to whether her employer was Blixt's attorney, Miss Wachter was asked if that was the case by ' Mr. Nye. jt ' _ think he was; yes, sir." "Were these communications confi dential?" - : "I suppose they were." "I want to ask a question," said the court. "How was this statement • given? Did the attorney ask for it?" "Yes, sir," he first had me write down 'Statement of Clause A. Blixt,' then he asked questions, and if he didn't want me to write it down, he .waved his hand until he heard it all." Mr. Nye. He was examining him as his attorney,^ was he? A. Yes, sir. The court. The only question is what was the intent of the legislature in making that statute. The intention was that the communication between the client and his attorney should not be disclosed unless he consented to it. No question about the intent of the legislature. So far as the stenog rapher is concerned connected with the attorney, she is the agent of the at- torney, and it is the same as though it was communicated to the attorney, in my judgment, .., and the same rule should apply. Mr. Erwin. I would like to produce the authorities. The court. If you have any authori- ties to change my views I would like to see them. I think in the absence of any authority I shall give that con- struction, that is, provided Mr. Blixt objects to the testimony being given. Mr. Erwin. We will. bring in ample authority Monday morning. The court. Very well, you can sus pend this testimony until Monday morning. . Y*Y'Y Mr. Erwin. We will bring them in on - Monday morning. Miss Wachter will be excused now. DR. CHARLES H. NORRED, consulting surgeon of . the soldiers' home, was called: Mr. Erwin— l suppose it will be nec- essary to read to this witness the tes timony of the matter of the fall, and the testimony aa to the fractures gen- erally. Y.L;Y ;: y.* '-.'. Mr. Nye— l don't see that that is necessary. '",., Mr. Erwin— l will state it then, in the form of a hypothetical question. Mr. Smith— will ask you if you have ever seen or examined the carriage be- longing to Mr. Goosman, of the Palace livery stable, in which it is alleged Miss Ging was murdered? A. I exam- ined the carriage that I was informed was the carriage, in the Dime museum. (Mr. Erwin here asked a hypothetical question covering a description of Miss Ging, the position of herself and Blixt in the buggy at the time of the shoot- ing, a description of her clothing, a de- scription of the bullet wound and the lacerations and fractures other than that of the bullet wound, a description of the skull of the dead woman, and the throwing of her out of the buggy, the finding of the body, the condition of the clothing when found, and a statement that . neither one of the fractures connected with the perfora tion of the wound at the base of the , brain, . but were entirely distinct from j that wound). During* the asking of the question the court interrupted at one time by saying. "You are getting to,o much confused. Just state the facts as they appear from the testimony." At the- conclusion of the testimony Mr, Erwin asked:. '.'Now, under these circumstances. this state of facts as contained in this question, in your opinion. was it pos sible that the fractures The court interrupted Mr. Erwin to tell him that he had omitted to state that the evidence did not show any other external bruises. Mr. Erwin sup- plied the omission and then asked for an answer to his long question. Before witness could answer Mr. Nye inter- posed an objection on the ground that the whole thing was largely a question of mechanics. The court thought so. too, and added that the question was somewhat leading. Mr. Nye's objec tion was sustained and Mr. Erwin tried another tack. Q. Under the same state of facts stated in the last hypothetical question, I will ask you whether, in your opinion, the fractures and the lacerations de- scribed in the last question could have been .hade by the fall out of the buggy? Mr. Nye— seems to me that is very much the same as the other. The Court— him answer it, if he can. ♦ A. It occurs to me that it is exceed- ingly improbable that all of those wounds could . have been made by a single fall. Q. Give your reasons for that opin- ion. A. Well, there are a great many different points of attack; the head would certainly have to be revolving very rapidly to make so many wounds in one fall, that was the first impres sion that occurred -to me; that was the first impression that was made upon my mind about it. Q. You have the fall described in the hypothetical question, you have seen the buggy and have heard described the fractures upon each side of the head; you can therefore plainly understand how much the body revolved or was possible for it to revolve in that fall; and taking the hypothetical case stated by the hypothetical question, in your opinion could these fractures and lacer ations other than the bullet wound have been made by that fall described in the hypothetical question, from that buggy, as seen by yourself? A. Why, I say I think it rather improbable, so many different wounds. I don't know that I have any other reason in believ- ing they were not all made at the same time. Q. Do you believe that a fracture upon the right and upon the left side of the skull, as described in the hypo- thetical question, could be made by a single blow or by a falling upon a single side? y:-ffYZf'X\ YYY Mr. Nye— That is objected to as in- competent,- irrelevant, immaterial and calling for a belief. Mr. Erwin— mean his professional belief or opinion. The Court— The objection Is over ruled. V: . ??'?,,. A. I believe it could be done by a single blow. fL'f< .--. Q. Under what circumstances? A. Well, if the cranium had received a blow, for instance, on the other side, the side of fracture here, you may pos sibly, .probably, if the individual is alive, have a contra-coupe, or a coun ter-stroke-in the way of a fracture here opposite; very frequently the fracture occurs on the opposite side from which you receive the blow. I don't know but the same thing may occur with dead persons? for that matter. - . Q. Under the hypothetical question, is it your opinion that the woman did or did not receive the lacerations and fractures described, other than the bul let wound, by the fall described in the : manner described? ; 7 Mr. Nye— is a repetition— he has already stated it might be probable. " Mr. Erwin— Well, it is entirely differ- ent from -the other question, on a dif ferent matter, It is connected with the liMMtIN THE HAYWARD MURDER TRIAL. riag-yi^ achter Not Allowed to Tell What She Heard. Important "Pine land Bill. same subject matter, but it is hot a question of possibility; it is a question of direct opinion. The Court— Well, it seems to me all of these questions are improper, but I have admitted them. The question is what, in his opinion, after hearing all of the testimony connected with this matter, produced the fractures of the skull as described. I will allow him to answer the question— be as liberal as I can. j Y-7 ■ v.- Q. . (Last question read to the wit- ness.) A. lam under the impression she did not. Q. If the woman was in the posi tion described by the hypothetical ques tion, and the shot was delivered as described by the hypothetical question from a revolver of 38-caliber with extra long cartridges, as described in the* hypothetical question, and she thereby received the wound described by the hypothetical question, what in your opinion, would have been the effect upon her as to jerking herself back in the buggy, or what would be the nat- ural and probable effect of such a wound under such circumstances? MR. NYE OBJECTED to the question and the court observed that the witness had not shown him- self competent to testify in that par- ticular. Mr. Erwin then went into the , doctor's experience with persons who had been killed -by gunshot wounds, , after which he renewed his hypothet ical question. Mr. Nye was ready with his objection, which Judge Smith sus tained, remarking that he did not think it was a matter of expert testi mony. -7.*- V Y.'-r-Y? . "Doctor," asked Mr. Erwin, "was this wound necessarily a fatal wound, this wound of the pistol ball?" A. I think so, if I perceive a correct de- scription of it. Q. Was it a wound which ordinarily would produce death Immediately? A. I have an opinion on the subject, but I don't know whether I am competent to state it or not. Q. Well, unless they object to It, I think you are. A. I think is not a wound that would necessarily kill im- mediately, not instantly. Q. What effect would it have upon the nervous and muscular systems, so far as producing powerlessness or par- ■ tial paralysis? A. I don't .think I have, an opinion to express upon that subject. . Cross-examination by Mr. Nye. -7. 7 Q. Doctor, is it a fact that the skulls of women are more brittle than those of men? A. I am rather of the opinion that they are. The plates are thinner. Q. Do you think that the entrance of the bullet into this portion of the rear of the skull by expansion or com- pression of any kind, 'might have caused those fractures, which you say are almost In a line with the bullet? A. That was the first theory which presented itself to me, but I have since had some skepticism on the sub- ject Q. Well, you are not entirely set- tled In your opinion on that, are you? A. I don't know what caused the fracture. V? ' _;■ V ' Y. .7 ;Y-? V ■ Q. Well, In your opinion, might not that be' possible? A. Barely possible,' barely possible— not at all probable. 7 I Q. .. Well, now, as to the question of the body, where it might strike and what the effect might be, you give an opinion just the same as a I non-pro- fessional on that question, do you not? A. No, sir, I think not. If the exact condition in which the. body fell was- given, I could then tell the effect of it. Q. But you were not there to see the exact position? A. No, sir. Q. If I hold an apple in my hand ten feet from the floor and let it fall, you cannot tell me, before I let it fall, just the effects of the fall, or the way it will fall, or the extent of the bruises that will be on it? A. No, sir. f'i. V;-- DR. HANCE, another army surgeon, was next ex* amined by Mr. Smith. Before the doc- tor was permitted to testify, Mr. Hall tested his fitness as an expert witness. Q. Doctor, have you ever been pres ent and seen a person shot in exactly the same place as this woman was, with the bullet traversing the same portions of the head and fracturing the same bones, and with the person sit- ting in the same position as this body was? A. No, sir. Q. Have you ever seen any head shot through and witnessed the action of the person shot after the shot in such a character as this? A. A similar similar character as that, I have. Q. Traversing the same portion of the brain? A. Passing directly through the cranium and the brain. Q. Well, the motor nerves are dif ferently situated in the brain; they are not all In the same place, are they? A, Certainly not. Q. Well, would not the track of th« bullet through the brain determine al- most entirely the effect upon the nerves? A. Very much, sir. Q. Then, if you had not seen a bullel traversing the brain through the same track as this, are you able to tell the same effect upon the body? A. Only with my individual opinion, sir. Q. Then, that is an opinion not base*} upon any observations, but a theory. A. Partly upon both. Mr. Hall— l submit it. The Court— The objection is sus tained. Mr. Smith— exception, please. Mr. Erwin— is the objection? Mr. Hall— Not competent and no prop er foundation laid. (Examination by Mr. Smith.) Q. I will ask you further, doctor, whether you have seen the effect— never mind about the ball going anywhere except through' the base of the brain but whether you have noticed the effeel pf a ball passing substantially through the same point as it passed through the brain of Miss Ging? A. Yes, sir. ?YY. -y Q. We don't care where the ball was, but only the effect of it passing through the brain at the same point it went through Miss Ging's brain? A. Yes, sir. Q. Can you testify from observa tion as a physician and surgeon as to the result upon the muscular and nerv ous systems of the human body? A. That is the same question — shall J answer it? - Mr. Nye— The same objection. The Court — The objection is over ruled. - -.' ■■■.' .V A. Instantaneous relaxation of the entire* muscular system. Q. Answer yes or no whether you have, from your observation? A. 1 said I had.. - Y -.'■,_• Q. Now, I will ask you the further question, what the effect is? The Court— How extensive has been your observation? The Witness— recall one case in par-* ticular. V ?'X", *! The Court— ls that all? The witness. That is the only one that occurs to me now as being The court. The objection is sus tained. • Mr. PJrwin. Exception. Mr. Smith. '.I would like to have the counsel state in addition to that hypothetical question, as to what the evidence shows as to the height of the Continued on Tenth Vase,