Show b PROSECUTION RESTS George Suththnd and the Defend antsNbther Examined t IN SUPPORT OF AN ALIBI JONS WR0U AT T T T SHOOTG 4 Dctr Pinkerton and Worthington Testify 1gd the Character of Stoutts Wound and 1re Prosecution Compele Jy the Court t Cal ad Exie Lhe + Shortly after 2 oclock yesterdas at terncn the prosecution in the Stoutt Jones shooting case rested and the defense de-fense opened The forenoon was occu pie mosty in the examinaton of D Pinkerton and Worthington Their tee tmcny was conned to a description or Stoutts wounds and bruises the court ruling that the statements made by Stoutt to Dr Pinkerton regarding who dId the Shooting was Incompetent tee timony For the defense Mr George Sutherland Suther-land was examined and testified that he left Henry Peerys office at 6 oclock or one or two minutes after He overtook Jones and his wife at the Clr house and they all walked down together un I ti Mr Sutherlands home was reached i at about 615 oclock Nr Sutherland went into his house and Mr and Mrs Jones went 011 down the strCL Mrs Jones mother of the defendant testified that her son and hIs wife came home that evenIng about 615 oclock She met them In the hal She went into in-to the dining room and while she sat there she head her son ana his wIfe SO upstairs and beard theIr footsteps as they walked In the room abDve where she sat Fifteen mInutes after they entered en-tered the house they came Into the dinIng I din-ing roam and witness had dinner with I them Jones did not leave the house wItness said until nor dinner The prosecution places the time StDutt ivasot at about 625 Mrs Jones gave testimony to die prove the statement made by LIr Stoutt tat the defendant was of ie gitimate birth and In support of It introduced in-troduced her marriage certificate and the family record of births as entered on the family Bible After the crosexaInaton of Ir Jones court adjourned until 10 oclock this morning when the trial wl be resumed re-sumed sumedTL AOUT HE WOUND Dr Pinkerton examined by Mr Put nan sad he lived within half 3 block of Mr Stoutt was called to attend the later on the night of Dee 9 Mr Stout was in the hal of his own house when witness arrived Witness assisted him upstairs and to bed While ho was bping undressed he told witness Mr Brawn interrupting objected to the witness stating what 11r Stout I had sad and the AObjCton was sus tamed the court holding that i was nt pat of the re gcstae Dr Plnltcron then said that he found Mr Stoutt suffering from a gunshot wound on the left side The position i of the wound showed tiat the bal had entered at a acute dtat rltness attended at-tended Mr 8toutt for several weeks Jlr Stout in addition te the gunshot wound hal a black and blue spot abut tie size of the pam of the hand on the right side of the chest and he had pain in the chest Tat wound might have ben producCd by a blow wit some had substance CrosSexamlned by Mr Brown the witness said he was not an expert regarding re-garding the angle at which the bullet may have ben tired The position of the powder marks near the wound indIcted in-dIcted that the bal had entered at a acute angle from left to right Witness did not extract the bal and did not probe for It thought the bal lodged in the weB of the abdomen It was two or three days ater witness was first called call-ed that he saw the contusion on the right side of the chest Mr Stoutt however complained of pal in the chest from the first It would tae two or three days after a blow was received ceived for the contusion to appear lght the dl colaaton have been produced by a blow with a mans fist asked OUfe1 aske Ye or from violent cont1ct with any hard substance I would take a pretty hard fist I could produce a similar wound on any part of your body with my fist You are pretty had with your fists o not partcular not a handy a you are probably I i dont want to verise you as a expert in that lne Tank you sad the doctor How long vas i after you received the telephone message unt you got Mr ftout to 1e 0 I have nl idea How long did it take you to go across the street fr6m your hous to his tae him upstairs and undress him 1 ont know Could you do It In five mInute No 1 thInk not Did i take you ten minutes I dont know 1 cant form an opInion opIn-ion Dr Union Worthington sad he attended at-tended 11 Stoutt with Dr Pinkerton Was called three or four days after Stutt was shOt The doctor described thc wound substantially the same a Dr Pinkerton ha done He thought the bullet entered at an angle from the left ranged slightly upward and across the body Vlnes saw the contusion on te other side which he sad was undotedl produced by 3 blow IR STOUT RECALLED J L Stout recalled sad In answer to jIr Putnam hat he was facing west when shot ran you state how close Jane was 7 to the billboard when he shot you aked Mr Putnam When I sun Jbnds he was right in front of me and 1 thought I was close to the Inside of the sidewalk By dr 1 Brown In the fore part of August 1893 did you call on Mr HEdge at Lambert court Yes In conversation with Hedges did you say Damn that fellow Jones He has gt one 01 those old notes which you paid and Is trying to make trouble for me wit i No I did 110t Did you say that Jones was trying I to get you out of the presidency of the bank and t get in himself No Did you tel Hedges to tae the money for the note and g and pay It yourself und make Jones ge the note to you Ko Did you tel Hedges that Jones was playing you dirt and tong t injure you I may hne slid something 01 that kind I thInk 1 did Are you now under in11ctment by court the grand jury of the United State courtThere curtTher me has been n bill found against meVere you arrested There were charges filed against me before the indictment was found and I gve bond 1 have put In no defense yetWillIam WillIam Kraut recalled WS asked by Mr Brown if he had saId to Bo roan Cannon that he could almost swear tat the man he saw running away the night of the shotng was Jones Kraut saId he had no LOCHRI MUST BE CALLED The prscutlm here rested and 1f Brown demanded that tepruton put on the std the boy Don Iche < < o who ns examined at the preUmna hearing hlr Brown argued that haying hay-ing examined h 3t the Jrlmlna eaing and his name being edore on the Information the prscuton wad bund to puthhn on the stand s tat the defen would have a opportunity op-portunity t creane him The prosecution refused and the pint Was length argued by counsel at considerable The curt ruled that the prosecution put Master LhIe an h stand and In doing s his bono sad that he wished it understood tat the prOsecution prOse-cution was not bound to produce any ites whether his name was en dor on the information or nat Unless un-less the court ordered i to do s In this Instance the cur undertood that Master Lohre was the frt on the see ate the shooting and therefore the net to the re geste and a tough the court had no knowledge of what the boy would testify to whether his tetmonywould be material or not yet the cur thought he ought to be put on the stand lIr Putnam explained as hIS reason that he for not calling Lochrie was thought the boy was mistaken Court then took a recess for luncheon and on reassembling at 2 ocock Donald Don-ald Loohrie was called and examined by Mr Putnam He sid he was 13 years ot age remembered the night Stoutt was shot Witness was on lain street Fifth South street shortly 3tret near Ffh street shorty after 6 oclock In the evening when he heard t shot and walkIng on he saw Stoutt on the sidewalk of Fifth South sf2cot between the eS end 01 the billboard board and the adobe house Mr Stoutt called to him He said Come here my lad antI witness sid Sir No sir Mt it 11 Stut said but come here 111 Stoutt then told wit neS he had been shot He held one hand to his side ad pointing In the direction of the vacant lot sid The I he goes or There he goes now witness was not sure which Rlng od came up and witness and Ringwood went back to the drug store to call the pohlce CresexamIned bp Mr Brown wIt bees said as he went along before he heard the shot there was a young man In front of him walking the same way as witness was This young man wit noes understood was Walter Showers When witness first saw Stoutt he was oppsie the iron gate to the brick house eIghtrfe feet est of the billboard board Witness pasel Stout but the later said notIng t hIm until after WileS pas him He then called wlnesa and told him he ha been shot Stoutt was staggering Witness was positive Stontt was opposite the iron gate at the brick house nihen he frt saw hIm and while they talked and before be-fore witness turned back to go to the drug store thby had got as far west a the C t card o the WI board THE DEFENSE OPENS This closed the case for the proscu ton and the defense opened by calling Mr George Sutherland of the law firm of Williams Sutherland Van Coto Mr Sutherland In reply to Mr Brown testified tat he had known Jones for four or five years wines lived hal a block north of Jones house On Dec S wince left his office about 545 and called at Peers office oSecond Scuth near Main trnsted some business there and left Peeo office to go home not earlier than 6 oclock probably a minute or two after 6 Wites walked down Main stet on the went side and we at the Clf house at the corner of Third South he overtook Jones and his wife It waS windy and Mrs Jones found it difficult to mae headway They all three crossed the stet to tie east side and walked down that side of HW stret a far aswitness residence resi-dence Witness went Inte his own house and 11r a 11 = Jones vent on down the street Jones demeanor street Jones deeanor was arinnr there was noting peculiar or suggestive about it Witness went in t his house washed his hands and got ready for dinner When he sat down to dinner it was 630 He had been at the house probably ten or fifteen mln ules Uien Witness since ten had timed himself hIm-self and found tat It took him twelve minute to walk from Perys office to witness rCidence ten he wa probably i proba-bly walking a little faster than when he walked with Mr and Mrs Jones On the nigh of the shooting Saw nothing of Stoutt a they paEred Fifth South street or om any other portion of the way dawn WineE was wellacquanted with JOnes His general character for peaceblena and a a citizen prior t the shooting was excellent as good shotng wa exceJent god as that of any man wIth whom winess is acquainted S Would you believe hIm capable of committing the crime with which he Is charge Objected to and objection sustained Did you believe him guilty before Stoutt mae the accusation Objected to and objection sustained DId you believe him gui after Stoutts accusation Object to and objection sustained Crossexamine by Mr Vutnam wit ness sad it was about half a mile from Pers office to wines residence Taking twelve minutes to walk that dlsta e would be at the rate nf two and nehalf miles an hour asked counsel counse You are as capable orfgrlng that out ug I am It would be rather slow walking I timed myself on the occasion I state stte Witness knew 1t was either 6 clock or one or two minute after when he left Pers office his watch was generally gen-erally about right I was a cool windy lghtulte windY E M Freedman said lte kept a dry goods store 15 Main street and knew Jones well Saw him on the night of the shooting a little after i oclock He came into wItness store and bought some goods a shirt and a suit of underwear un-derwear He was cool and natural In his manner Witness smelt neither powder nor eau de cologne on Mr Jones when he was In the store DEFENDANTS MOTHER Mrs Mary E Jones mother of the defendant testified that she lived with herson In this city He was barn on Aug 25 1861 witness wa married to the defendants father on Nov 15 1860 In Ohio and n proof of her statement state-ment she exhibited her marriage cert fcate The object of this was to refute the statement of Mr stoutt that Jones was a bastard The family record as kept In the family Bible was also put in evidence as further proof of the facts stated On the evening of Dee 9 on which Stout was shot the witness was at her sons house 605 South MaIn street at I the cOrner of Sixth South street Her son and hIs wife came home together for dinner Witness saw them come in I I met them In the hall They went upstairs up-stairs and sat In arom up there while witness remained In the dining roon Witness heard her sons foot ro1 steps overhead as she sat in the dining room She heard him go to the bathroom bath-room and soon after they both came down and lmd supper He did not leave the house after he first came In until after supper He could not have gone out without witness knowing I I What time was it when they came home Fifteen or sixteen mInute after 6 A ca passed just about the time they I came and a lady and gentleman got off the ca and went intO a neIghboring house In what business was your husband hus-band He WS a stockbuJer It has ben charge here that hew he-w a drunkard What have you to say to that He drnk some but was verb pleasant plea-sant and kind It was said that you had to take In washing to support the family Vas that true No it was not Witness further sad that StouWs sister and witness family were on friendly terms and exchanged presents I has ben said that Stoutts sister sis-ter supported you Is that true asked Mr Brown No It is not Crosexamined by 1Ir Putnam Mrs Jones sad her husband was not an habItual drunkard Mr Jones and Ir Jones usually had dinner about 630 cloelt Witness knew that Mr und r Jones went upstairs when they came in that night because she heard them go up did not see them go up She also herd both of their footsteps above when she was sitting in the dIning room They came down together he just mmediately preceding them preced-Ing her Witness had dinner with themHow How long were they In the house before they sat down to dinner About fifteen mInutes ffteen Did you lmowhe vas going up town again that evening Yes I heard him speak of it Witness was here excused and court adjourned until this morning |