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Show was bo and not Oaino that had been selected se-lected as the victim. After wailing forty-live minutes, the court took a recess re-cess until if:15, and ofllcers were sent in search of the missing witness. THE FACTS MUST COME. Commissioner Narrell Insists That Evidence Evi-dence Will he Accepted in the Oaine Assassination Case. TESTIMONY FUENISHED TO-DAY. What Witnesses Testified to Up to the Hour of "The Times" Go-' Go-' ing to Press. As was statetl in Tiik Tijiks of yesterday yes-terday Jake Smith, one of tho men charged with the murder of James E. Caitie; was released from custody by United Slates Commissioner Norrell, and the hearing of Robert Locder, also suspected of the crime, was continued until this morning at 10 o'clock. Tiik TniliH report closed with tho evidence of Ollicer Poole. Following this witness wit-ness came Ollicer O'Ueilly, whose testimony testi-mony failed to disclose anything of a damaging nature against the prisoners. prison-ers. James J. Evans, a conductor, testilied that the prisoners were in his employ at Ihe time of the assault made upon Mr. Caiue, and stated that iu tho vicinity of whore the man camped there was a pile of railroad iron and Westinghoiiso air brake hose similar to that used in thir assault made upon the deceased. Private Detective Frank who ma the arrest of Loedor was called to the si and, and said that when he told tho prisoner that ho had gotten himself in a bad box lie replied ho didn't know as ho had. Franks had endeavored to make the prisoner confess con-fess to the crime, but lie declined to do so. This' morning ('has. hidings, who lives on Second South street, and works for Ellis & Evans as a teamster, was called to the stand. Was working for them July It) and so was Loeder. Saw Locder that night al. supper about sundown, sun-down, and I hen again at about 8 o'clock in a saloon. Had several drinks together, to-gether, and about. 10 o'clock while going homo, he saw him again. He was ou iho sidewalk, ami eaid he was going to tho lower camp, as he had to go to work iu tho morning. Cross-examined It was on Second South ho saw him, and near tho Kin Graixle. The. out lit hail been changing camp, lie did not know the day of the week, but knew it was tho 10t.li of July, because it was pay day. It was between be-tween U and 10 o'clock that he saw Loeder last. Loeder was not quite sober because ho had been drinking some. He did not see him on the 11th. Py Commissioner Jjorrell The chamber cham-ber of commerce saloon is on the corner, or near the corner of Second South and First West streets, Wm. N McCurdy was on duty at the police court on tho 10th of July. Tho record shows that the prisoner was arrested ar-rested at midnight ou the night of the l ltli of July, and was fined $o on tho 12th. Tho tiny was for being drunk, and was paid. Cross-examined The prisoner pleaded plead-ed guilty, and was tried under the uanio of Loedei'iug. Tho clerk of the court' might havu been mistaken iu the name but it was entered that way. Richard Corcoran lives in Salt Lake and works for Contractor Ellis. Saw Loedor go into the corral about 4 o'clock ou tho afternoon of the Mth. Ho was so drunk ho could not stand, and witness put him asleep in- the weeds. Ho awoke about two hours later as drunk as ever, and started up town. That Avas the last witness saw of him. Cross examined Was sure it was tho 11th of July, because they were changing camp thu day before, and it was pay day. Loeder staggered stag-gered a- little when ho got up. aud another drunk would have koeled him over. Mrs. E.elpha Jagues has lived on Prighain street for the last thirty years. Is a sister of the defendant, who left his clothing at her house during tho summer. sum-mer. He took it away on the l;ith. Tho coat ho took is 'tho ono ho now wears. Cross ftxaininod Did not know how many times he had visited her, and had no knowledge its to w here lie was on tho nights of tho 10th, 1 Ith aud lath of July. Mrs. Ann Paul resides in the 31st ward, and is a sister of the prisoner. He occasionally visited her during this summer. Cross examined Ho generally called iu tho evening, but never remained all night. Did not know where he was on the 10th, 11th or U'th of July. Witness resides on Second street, 'between, H aud I streets. i Mr. Joseph ( nine was recalled, and corrected his statement of yesterday, and fixed the date of the 'assault iis July lllh, instead of July 10th. Cross-examined Remembered that the officers yesterday all swore tho assault as-sault had taken place on the 10th. lie had formed his opinion as to tho date of tho occurrence from the accounts published , in iho newspapers, but in giviug his evidence had informed the court to that effect. Since then he hud thought it over, and was now sure the assault was committed on the 11th. . , Arthur Pratt recollected the assault, aud it occurred ou the 1 1th of July. It was his eldest brother's birthday, and thai tixed the date iu his mind. The deceased boarded with him, and it was on returning from tt birthday party on the night of the 11th I hat hetirsl learned that James Caino had been hurt. E. G. Jvins was also called upon by the prosecution, and gave evidence i rebuttal of i he testimony of Iddimrs. Attorney Murphy then asked that a recess be taken until 2 o'clock this afternoon, as he had just been informed that some very material evidence had been procured and would be available at that hour. Attorney Driggs for the prisonei objected, ob-jected, unless 1 ho evidence was really material. Commissioner Noriell said that, he thought all the facts should come out, as it was only a preliminary trial, ami not for life or death. The evidence might possibly help tho prisoner and might possibly injure his case, but in either case he wished to hear any evidence evi-dence that could throw any light on the subject. " Adjourned until 2 p. m. Afternoon Session. Pursuant to adjournment the court met at-'j p.m. but the prosecution was not able to produce the material witness wit-ness promised. He is known to be in tho city, however, aud is said to be a j printer, who can identify the men who committed the assault ami give infor-j infor-j maliou that will tend to show that it j |