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Show COaCLU'ION OF TUB OBEY The court m-'t at 1 he appointed hour, 0 a. in, yesterday, and after disposing dis-posing of a few penitent-looking cases of "dead-drunks," it announced itself rendy to proceed with the inveodyation of the killing of C. L. Dolson. The prisoner, Mr. Obey, was brought into court by officer Hyde. His appearance appear-ance i ndicated that he had spent a comfortaL'e niht; his manner was easy, aud free from tho perceptible nervousness which characterized his actions on tho provious day. Hia counsel, Messrs. Morgan, McCurdy and Joslyn, were present, and the people peo-ple were represented, as on Thursday, by Judgo Hope The first witness introduced was Mr. Gilbersou, who testified to a conver-; conver-; nation bold with Dotsoo at a restaurant in the oity, in reference to the circular which the latter distributed, and the I pro.bablc results of its publication. He tried to dissuade the deceased from publisliiug it, and asked him if ho were not afraid to do bo; to which Dolson replied that he wanted a light, but he was afraid he could not get it, from the fact that he believed Oboy to be a coward cow-ard and would not resent anything; and added, "If there is any tight in him this will bring it out." Mr. Harrison was recalled to testify with refereu'ie to tho jewelry which it is alleged D.iisou presented to Mrs. Obcv. He stated thai tho deceased had informed him that ho had had the jewelry made expressly for Mrs, Obey, but now iutended to make her restore them, as he had been mistreated. On the different articles of jewelry was engraved en-graved the letter M, which he took to bo tho initial of Mary. Upon cross-examination cross-examination by judge Hogc, however, the witness admitted that it might reasonably represent the initial of va rious other names, euch as Margaret, Maria, Marcelina, Michael, Miles O'Reilly "or any other man." Mr. O'Ncil was recalled in regard to some threatening statement made by the deceased. Tho witness stated in subatanco that Dolson told him he wouJol do anything to get a fight out of Obey. He would distribute the circulars circu-lars referred to all over the United States, if need be, in order to bring about such a result; and that he did not haec any faith in the experiment, but in th event he did fight, he would shoot from tho rear, and if he did so he (Dolson) would not drop for a minute, which would be all the time necessary to "fix him." Mr. Sylvester was next introduced as a witness, and stated that Dolson had showed him the copy of the circulars, circu-lars, afcsinst Obey and his wife, and that he begged of him not to publish it, that it would oausc trouble; but the deceased informed him that he kcew what he was doing, and did not anticipate antici-pate a fight, but intended to bring it about if possible. Mr. Thompson was then recalled for the purpose of giving hia testimony touching the relative physical ability of tho parties to the homicide, and also to give other statements in regard to the declarations of the deceased, to 1 which the prosecuting attorney objected. object-ed. It was finally agreed to by the J court and attorneys on both sidoa, that the interrogations should be withdrawn. with-drawn. Mr. Kirby was then put on the stand, and was interrogated concerning declarations made by Dolson with re- : spoct to Obey and his wife. The statement state-ment of this witness was in' substance, similar to those of O'Neill, Harrison and others, with tho exception, that deceased said he he would haye a fight out of Obey if he had to spit in his face to precipitate iL Mr. Robb was recalled, buthis statement state-ment was substantially the same as that which ho mado , tho day before. Tho conrt at this juncture took a recess for ten minutes to enable tho defense to bring in ono more important witness, Mr. Frank Trcseder. Ou the reassembling reassem-bling of the court, judgo Morgan of counsel for defense, announced that they were unable to find the witness in question, and asked an adjournment of tho court until this morning, in order to secure his attendance. Ho then gave a synopsis of what he expected to prove by the absent witness, which was, in brief, that Treseder saw Obey enter tho postoffice, go back and unlock his bos and take out his mail, and that Dolson subsequently came in, unlocked hia box, which was situated nearer the entrance, and took out his mail; about which time both parties discovered each other simultaneously. Dolson made a motion as though he was going for a pi.-tol toward the rear pocket of his pants, wheu Obey fired, and ho hoard something drop to the floor near Dolson, which ho supposed to be a pistol. In order to facilitate matters and obviate ob-viate tho necessity of an adjournment, Judge I logo consented to admit the statement, for the purposes of this examination, ex-amination, as true. It was also announced, an-nounced, by the counsel for tho defense, that Mr. Sewell would testify to tho fact that he met a person coming out of tho post oftico door immediately after the shooting, with a pistol in his hand, who informed him (Sewcll) that he had picked it up from the fl ior. Mr. Scwoll was present in court, but Judge Hoge, in order to expedite business, considered it unnecessary to examine him; so admitted the statement state-ment as given. The testimony then closed, and here the gastronomic pre-! pre-! dileetioDu again asserted themselves, and they were not thU (.ime confined to Judgo Morgan and others of the counsel for the defense, but Judge Hogc intimated in unmistakable English Eng-lish that he too would liko to devote a few minutes to satisfying tho cravings of tho inner-man before entering upon the argument. 1 The court preferred that counsel should proceed thcu and there with the argument ; the judicial nasal organ was not oblivious to the pleasant aroma arising from a woll oooked dinner, but it deemed it proper to go on without any more delay, as considerable time had already been consumed in tho investigation in-vestigation of the caso, and if the counsel could relievo themselves of the burden of their pent up eloquence in three hours, it thought it could endure en-dure tho punishment. Upon a iittle rejection, however, his honor concluded con-cluded that attorneys were shorter winded oa a full stomach, so adjourned the court till I o'clock, p. m. The court convened again at tho appointed ap-pointed hour. Judge Hogc opened :ha argument on the part of the pco-jle, pco-jle, followed by judgo Morgan and VI r, Joslyn for the defense, the closing ir?umcnt being mado by judgo Hoge, Theatre. Tho theatre was not crowded last night on tho occasion of Mr. Wheatleigh's benefit, but those who were present had a rich treat in his acting as John Garth. This gentleman's gen-tleman's great forto in all his characterizations charac-terizations is his truth to nature, or so acting as to appear not to bo acting at all. No ranting, no straining for effect, ef-fect, but a quiet naturalness which captivates cap-tivates all lovers of true art. We only regret that euoh acting is not appreciated apprecia-ted in these days of sensationalism. Of the play of 'John Garth" we havo not space to speak at length, we think, however, it is a little prosy. Long dialogues, unless exceedingly well rendered, ren-dered, are , somowhat tedious. The support given by Messrs. Hardie and Thome, Miss Adams and Carrie Carter ! was excellent, while the other parts were well filled. This evening for Mr. Wheatleigh's last appearance, the popular satire upon the vices, follies and sensations sen-sations of the present day, entitled en-titled the "Lottery of Life," will be given. This pieco abounds in variety, vari-ety, and those who aro fond of sensations sensa-tions should attend the theatre tliic evening. Mr. Wheatleigh's Terry tho Swell, is a truthful pioture of the fast man of the day. During the piece Messrs. Hardie and Graham givo a grand sparring match a la Jem and Fooley Mace- In the concert saloon scene, Harry Lorraine gives Dutch songs and dances, Willie Clawson does aolog dance, and Miss Susie Spencer appears in a song. This piece consists of several dramas in one, and gives variety enough to suit all tastes, well adapted for Saturday Satur-day night, and should draw a good house. |