Show I TESTIMONY CLOSE I Arguments in the Hamilton Case I Will Begin Today TH CROSS EXAMINATION OF THE DEFENDANT OCCUPIES I > T OP YESTERDAY i Some Discrepancies Were roug tOut t-Out But on the Whole She Stood j the Ore Well Xebutting Testimony Testi-mony Offered by the Prosecution Case Will Probably Reach the Jury on Saturday I = The taking of testimony in the Hamilton Ham-ilton murder case closed at 420 oclock I yesterday y afternoon The arguments to the Jury wI begin this morning and in all probability will run over un I U tomorrow so that the case will likely roach the Jury tomorrow afternoon noonhe The crossexamination of Mrs Ham ilton was concluded shortly after 2 p I m yesterday Some discrepancies were I shown but on tHe whole she stood the i ordeal welL The prosecution then examined I ex-amined a number oi witnesses in re buttal which ClOsed the testimony I I MRS HAMILTON CROSSEXAM INED fr Hamiltons crossexamination eras resumed yesterday morning bj Mr Van Cott During the early part of 1897 was your husband home all the time asked counsel tme Yes Was he home all of 1S96 Yes i I the pistol was in jour hand when the fatal shot was fired was it during i dur-ing the souffle I cant say I I you did kill your husband I say i If you did it was done during the I scuffle Ye but I didnt I you did kill him it was to protect your cm n life Yes Anything he may have said r done before that night had no bearing on the shooting r t No none You said that on March 6 you told 4 your husband you would be true t him I he forgave you Yes Vnn 11 th W 4hin h I w J vw were married marred Yes When you threatened suicide did your husband discourage you from it e Did you threaten to commit suicide on the fatal night Yes On March 4 did yOU threaten suicide sui-cide cide7Xo NoOn No-On March 5 did you threaten suicide sui-cide yes i John prevented you from doing It7 i Yes Bj acts or words i Both he talked t me and took the j f gun from me j John saw you on March 8 at your 4 motners0 Yes Did he talk to you or you to him about suicide then t No I 4 Between March S and April 19 did he discourage you regarding suicide Yes he told me it would be foolish and would only make matters worse Then all of a sudden on the lawn on the night of April 1 he tried to kill you youYes Yes sir When was i on the Monday April I 19 you made up jour mind you would end the trouble f After I came from Kellys j Then why didnt you end the trouble I on Monday morning after you grot tbe I cartridges f I wanted to see my mother first Did you go to your mothers that day day7Xo Xo Did anything happen during the day to make you feel worse tfian you did I In the morning Xo You took the gun along about evening even-ing and went to the back yard contemplating con-templating suicide YeT Had you seen your mother in the T meantime Xo Had you made up your mind after A jour sister brought you in from the f yard not to end jour trouble Not altogether John coming In the afternoon made me feel better You lost consciousness after you sat down on the steps on the lawn just before be-fore the shooting Yes Do you know if you had the gun in our hand when the first shot was freddo I do not Did you have i in your hand when the last shot uas fred I dont know What vas the first thing you were conscious of after you sat down on the stops John taking hold of me and pushing I push-ing me sit j where did you go to when he pushed J jou7 jou7Down r 1 Down the lawn p Hon far dawn I cant say And he walked towards our ou-r Yes Did he strike at you Ho raised the gun and pointed i at mo Was that the first you saw of the gun after you came out of the house I Yes You remember previously t that i you had received a blow on the lip7 I Yes with the gun Did you see the gun j4o but I could tell hv the feel of It The blow sent me back towards the allej fence Were you conscious then Yes Had there been any shooting up to j that time1 No Tats the next thing you remember remem-ber after being knocked towards the fence fencee fred the first shot How close were you together when he shot A few steps apart f 4 Then you took hold of him Yes Were YOU conscious then I dont remember anything after I j took hold of him until I reached the steps and Sodden was there and asked me If I had shot John You remember nothing being said in I the interval7 No is ID John might have said Oh Lou if > that is all the love you have for me shoot away without your hearing i I didnt hear him say it You dont remember anything that occurred In the interval after the second sec-ond shot and the time you went back to the house T remember Mr Hamilton falling entirely unconscious after Were YOU entrely afer shot the first I knew what I was doing Where were you with relation to John when the second shot vas fred Close together He had his left arm around me the pistol in hlsjright and 1 caught the barrel of the ft capon in I my right hand and my Jeftjftand was holding his right wrist I i 4 The Witness illustrated with air Van tl Wl Cott the position of herself and Hamil ton during the shooting How many shots were fred when you were in that poSition I dont remember Do you remember after which shot he dropped No I dont Do you know who had the gun then thenNo < No rNoWas Was anything said after the second sec-ond shot 1 dont remember STANDING BY HIM WHEN HE FELL Were you standing by him when ho fellYes Yes Have you any distinct recollection shots of the second third fourth and fifth shotbNo No Did you have the gun in your hand when you got to the steps after the shooting Xo Did you go back to where John 1a lay layNo No NoWhen you sot In the hall were you conscious of everything you did I cant say that I was Did Irs Seddon ask you a question ques-tion 1 Yes Did she ask you If you had shot John and did you say I have settled him now 7 Xo I did not You knew what was going on at the time Yes When you were in the dining room did you know what was going on7 Yes Did Judge Sommer speak to you that night in the dining room No I I he did speak to you did he ask you why you did not go into the yard and ceo jour husband and did you reply re-ply it is nothing to me7 No During the struggle between you and John did the gun get out of Johns right hand I No Do you remember saying at police headquarters that you were handing John the pin when you got the blow on the mouth No Did you say i was only a love tap tap7I I dont remember saying that but I might have said It Did you say it didnt hurt I dont remember What was the height of John Hamilton Ham-ilton I dont know Was he about six feet 1 think so I Whit was his weight I dont know he was somewhat heavier than you said witness to Mr Van CotL Was he in good health Yes What did you tell Mr Kelly after he mentioned to you the scandalous stories sto-ries which were current about you I said if I knew who circulated those stories I would kill them i I had to hang for i the next minute Did you mean that 1 I I dont know Did you not say you would kill himNo 1 I I No NoWas a it Pavey you telephoned to from the lumber yard Yes Why did you do that Because I was afraid there would be trouble when John went down to see himWere Were you conscious of having done anything wrong In defending yourself that nlgnt of the shooting Xo Have you ever been conscious since of having done wrong then Why Xo did you tell Ir Seddon to g and get the remaining two cartridges and put them in the closet then I dont know I Were yoU afraid the officers would find them fnd I dont know anything about the I ofhcers I your conscience was clear why I did it occur to you to get the two cartridges put out of the way I cant say I You went to the kitchen and washed the powder stains from your hands Yes Both hands The powder was on my right hand I ai3 a little on the Ie C Why did you wash your hands I didnt want the powder burning I me meWore you afraid the officers would see Xo the powder on your lads I XoXEVDR NEVER TOLD IT BEFORE Have you ever told anj one before you got on the witness stand how the shooting No took place Had you any Quarrel w ifh your j sister or 11 Seddon before the shootS I I shoot-S I Xo never No HI feeling between you at all then or now I > o I I etMon S had nothing to do with the shooting I I Nothing whatever Did Tom Seddon come to you and j j I I ask you to tell the truth about the I I mater so that he would l > s cleared He asked to make sm m a statement II s as to clear him I Did he state snjthlngr farther He told me my sister wanted me to make a statement stliement I Did Stddon ask yOU to say anything that was untrue Xo he only asked me to make a statement I you knew he was innocent why didn you make the statement to dear Tom Seddon I didnt think he as the right man I to make a statement to Why didnt you make it to someI batty else Because I was told not to talk The Sections are not well oft No 011 The famIly Is depending OI Toms labor for support Yes Then why wouldnt you make the I statement to Mrs Seddon to clear Tom cer Tom5hl didnt ask me to make a statement state-ment mentWhat What did she say She said that one word from me would clear Tom and that I knew what that w ord was But you wouldnt speak it because you had been told not to tails Yes that was the reason The witness denied that she had engaged In target practice ant hat she was a good shot She affirmed that It was in the momtr g < I wa morning ad not in the afternoon that she bought the cartridges 1 I Did you say a the coroners inquest that you did not buy any cartridges on April 19 I Judge Powers objected to the ques ton on the ground that it was improper In view of the previous ruling of the 1 I court excluding airs Hamiltons testi i i mony before the coroner j The point was argued at some length i by counsel on both sides Mr Van Cott contending that the object was to test the credibility of the witness Judge Xorrell ruled that it was incompetent i and sustained the objection AFTERNOON SESSION Court here took a recess till 2 p m for luncheon and on reassembling Mr Van Cott asked Mrs Hamilton a few more questions In crossexamination When YOU were talking with Mr Fowler the clerk who sold you the 1OU cartridges did ou show him the cartrlcles you way to load your gun I NO I Did you have a talk with Mrs Cai j der on March 5 at your house No not that I remember Did you ask her to take a note to ilr Pavey No I Didnt you tell her that the trouble between you and John arose through I John seeing jou wear the stockings that Pav ej had given yoU as l present I pres-ent 4 No NoWhei When you ted John that you had not been untrue to him was that true trueNo No it was not When you told Seddon that you hal not got any cartridges because they wouldnt sell them to a woman was that true NoREDIRECT REDIRECT EXAMINATION This closed the crossexamination of Mrs Hamilton aid in redirect examination exami-nation by Judge Powers the witness said she had no very clear idea of what oceuued in the slue and the illustration illustra-tion given by her with Mr Van Cottas I Cott-as to how she and hoi husband grappled grap-pled with each other was in accordance to her best recollection but might not be correct in ail the details Witness had no hard feelings towards I to-wards Seddon or Mrs Seddon Referring Refer-ring to tlo alleged conversation with T Calder the witness said she had I no recollection of it whatever You told air Van Cott that you did not recollect whether after the first shot was fired the pistol was In your hand or jour husbands I must have misunderstood his question ques-tion The pistol was in his hand By Mr Van Cott I understood you to say that although al-though you woe excited during the scuffle you had your senses sufficiently to know what was happening Yes Thats all said Mr Van Oott That all said Judge Powers and Mrs Hamilton left the stand and resumed re-sumed her seat beside her sister Florence Flor-ence Judge Powers then offered in evidence evi-dence the testimony of C L Rooks taken before the coroner I was objected ob-jected to and the objection sustained Judge Powers then read the testi I mony given ijr Thomas P Seddon and Mrs Seddon before the coroner Henry Denhalter was called by Judge Powers but it was found he had been excused and was not present DEFENDANT RESTS The defendants case was then rested and in rebuttal the prosecution called I D G Calder who in reply to Mr Van Cott said he lived next door to John H Hamiltons house and had been acquainted ac-quainted with him for two ears before he was killed Where was John Hamilton on the Thursday evening before the killing I saw hm at his residence a few minutes before S p m on that day and talked with him for 25 minutes I saw him last on that evening about 9 oclock The object of this testimony was to rebut Mrs Hamiltons statement that her husband had been to see her at Seddons that evening Did you ever see Mrs Hamilton engage en-gage in target practice In the back yard of the Hamilton residence ofih e rm saw her myself l I Did you have any conversation with I Hamilton about his wife shooting Yes He told me in the presence of Mrs Hamilton that his wife was a I better shot than he was and that a strange thing was that when she fired off a pistol she never stopped Until the whole five or six chambers were discharged dis-charged Mrs Calder wife of the previous witness said she had seen Mrs Hamilton Ham-ilton shooting at a board in her backyard back-yard on July 4 She shot once Witness Wit-ness saw John H Hamilton at his own house about 7 oclock on the Thursday killed evening before he was k1ed Miss Mary Hamilton testified that on Thursday evening before the shooting John came home to his own house and stayed there all the evening D S Spencer testified that the Union Pacific city ticket office was on April 19 located at 201 Main street The ticket office at the depot was usually open hair an hour before the departure of trains only This testimony was to show the improbability im-probability of some statements made by Mrs Wright the eye witness the shooting who told about a friend of hers going to Nebraska at a particular day date and hour H L Fowler said on the night of the shooting there was an electric light at the intersection of First South and Second Sec-ond West streets Witness was opposite oppo-site the Seddon residence when the first shot was fired but he did not see Mrs Wright or any other woman cross the street at that time I any woman had crossed he would probably have seen her I Crossoxamlned by Judge Powers the witness said he was talking to Miss I Matthews at the time the first two shots were fired was standing with his back to Seddonf and didnt see the flashes but saw the flashes of the succeeding suc-ceeding three shots Miss Florence Matthews said she was standing opposite the Seddon residence when the shots were filed She was facing the residence and if any woman had crossed the street then witness I would surely have seen her Crossovimmed bj Judge Powers the witness saitl she was talking to Ur Fowler at the time and was not paying much attention to what was going on around her < James T Lovott heard the shooting went immediately towards the residence resi-dence but saw no woman crossing the street I a woman had crossed witness wit-ness would have ceon her John H Ramsey on that night as he approached the Seddon residence met nobody on the sidewalk TESTIMONY CLOSED I This closed the testimony and the arguments ar-guments to the Jury will open this at 930 oclock morning Assistant County Attorney Putnam will open for I the state He will be followed bv Attorney At-torney Fred T McGuriin and Judge Powers for the defendant and COUnty Attorney Van Cott for the state will close the case There ib I no limit to the length of time the arguments will occupy but it Is 1 expected the case will reach the jury some time on Saturday |