Show r ROMNEYS ROMNEY'S TESTIMONY IS KED BY THE TUE DEFENCE Counsel Attempts Attempts Attempts At At- tempts to Impeach the Principal Witness of the Prosecution in the thee Murder Trial Peter is making the str ni i. i i iest est possible efforts to impeach the 1 I 1 nesses nesses who are testifying for the fI l t r The entire session this morning w ws- ws 1 to laying the foundation for orth impeachment of Ernest E B Romp manager manag r ot of the Pacific cpm p pan pany lt Attack Direct Testimony Direct Testimony J ri Counsel for tor the c e ther brt V j to destroy the effect of h if t 1 mony read page after h tord t ord of the preliminary e. e tl the defendant and brought t to d the books of the lumber w It does not yet appear ss as fully the impeachment nt will be- be n. n Thus far only a few ew minor contra in the statements of the witness witness' h have ve been bEen shown Link in m the Chain Cham 1 Romneys Romney's testimony so far as on the part of the State is S not nol of gre great l J importance but his statement that he forbade Hay to receive the money on On v j the night of December and In in- in V i him to cancel the note for r when it was paid and that A c requested Hay to writs writ out the receipt will form links JInks in the chain as the evidence evi- evi I dence is developed if Explanation of Romney v ti for 1 ensen's attorneys are la lab otin W. hard to o show that it was not the u 1 torn tom of the lumber company to cane ll notes when paid and are proceeding I upon the theory that since the amount of the note was Included in the receipt there was no necessity for having It it t canceled Ij Since the the indebtedness was also also- so se- se e cured by ty a mortgage upon l home the explanation of that he gave instructions to Hay to to- cancel the note both because it was was e tl rule of the company and d fib prote protect protect-Mpa t in case the mortgage was not pr promptly canceled of record Witness Frequently Confused Confused- j The witness was 55 more r framing his answers than y st and when then confused insisted nt petition of the question nY Ume e a wished to make some o Jiu J his answer but Attorney invariably said it 1 We dont don't care fO for your I 1 n. n direct stat H Books Taken i in Court f At A t the request st of counsel fOr fOr tOr lor n sen Manager Romney brought 0 court the books of the Pacific Lumbe company showing the entries f for r August Au- Au gust September O October tober November and December 1901 and when he r resumed re re-f the stand for the continuation of I lf his examination cross the large ledgers I I were piled up by his side The prisoners prisoner's attorneys first took up the subject of the suspicion n Which I was alo aroused sed against n by James Sharps Sharp's remark that it would be well to keep a watch on him I Had His Suspicions Mr Romney y admitted th that t he inter enter entertained nt r- r tamed some thoughts that knew more about Hays Hay's disappearance than he had told but qualified U state tia-state- f. ment by saying i fC The thought was so horrible horrible to me me J that I fought bought it out of my mind I was trying not to think that Peter was wasim Om- Om i r in the departure of Hay When the attorney insisted upon a positive yes or ot no answer to the question Did you suspect P Peter ter Mor l Mor of being guilty of foul play pla IIi II connection with the disappearance t James R. R Hay the witness said ald t You put ut yourself s i in my place a ayou ro ic 1 you OU will see there as sti struggle i T ro ic 1 you OU will see there as sti struggle i T was a in n in-n mined that prevented my holIng holdin affixed J opinion iI Pain in Head Hea i r. r On the way to complained of a pain in head he head d. d and Romney said to him I a KS Peter that pain will nev never le leave A until this thing Is s cleared upi The witness said he could for the impulse which led him hIn to m inako Ket i this remark 1 It was not the i I I Ic held l against him that called out re remark re- re 11 mark said the witness There The Th xe was was' w nothing supernatural about It I r I cannot cannot can cnn not account for it seemed seemed stupefied and when I would say to him 1 O 0 0 Peter why did you pay him the J money after I told you OU notto rotto he would r reply ply in a strange manner I J dont don't know I dont don't know Former Evidence Read Re i Attorney Stewart th thIn n read from flom the the transcript of the preliminary hearing giving testimony of the witness to the the- the i effect that when he and ate dinner together he then held no gf that was connected with the disappearance of James R. R i HaYI Hay Did you so testify said th ney t Yes sir IWas I Was it true k kYes Yes sir l But you Just stated that d ci H have a suspicion Wan Wanted ted to Explain J Yes but if you will vill m t t plain plain- u n tf vs I dont don't want any explanation tl n I I t ant anta lt ht a direct answer In other words you dont don't want the the facts Interposed Attorney Eichnor Mr Stewart was on his feet beet Instantly I desire said he to take exception to the statement of cO counsel for the tile prosecution that the defence Is trying to conceal the facts the statement beIng being be be- be ing made with Intent to prejudice the Jury against this defendant If counsel makes that statement bt he says what is not true exclaimed Mr S 'S SI I ask the court to Instruct the Jury that the remark of the States State's attorney Is not to be regarded by the jury Judge Instructs Jury Gentleman of the Jury said Judge Morse any remarks made by counsel on either side are not tt to be considered by you Gentlemen you ou may proceed with the examination of the tile witness Attorney Stewart then read from the transcript of Mr Romney's Romneys testimony at the preliminary hearing pointing out 51 slight Ight eU discrepancies ts t's between the statements state state- ments of the witness made at that time and during his examination of the past Continued on Page 6 6 Romney Testimony Continued from Page Pae 1 1 two The witness said days winess that he was much agitated at the time but held that his testimony on both occasions was substantially correct As to Hays Hay's Authority The question queston as to the extent of Hays Hay's authority was one of the points in dispute After reading about four pages of the record the attorney said All l of this is corr correct ct is it i. i Mr Romney Rom nom ney I 1 object said Attorney Eichnor The method is improper The human mind cannot follow fifty questions questions' and answers and state whether they are correct or not The objection was sustained despite a strong protest on the part of Attorney Stewart The matter mater of the of the note for was then gone Into at length Cancellation Is Explained ed The witness explained that it was the invariable rule of the the- lumber company to cancel cance all al notes when paid and that if Hay let let the note go out of cit his hands without cancellation he violated a positive positive tive rul rule of the company Reading from the transcript the attorney attorney at at- torney quoted an answer of the witness winess to the effect that unless the note was canceled there would be lb nb evidence of Its is payment The witness winess first denied making this statement and finally said that he had no recollection of it r The Receipt Is Discussed As the note was Included In the bill billand billand bi and receipt for the defence tried to show that tha t it i was not necessary to mark the note paid The witness winess explained that as the note was secured by a a mortgage it was necessary necessary necessary ne ne- ne- ne that it be canceled in order to protect the mortgagor The witness wines had testified that when a note was paid it i was always entered In the books but explained that Hay Ilay never had a chance to mark the payment payment payment pay pay- ment of this note on the books books Then the defence endeavored to show tle that Inasmuch as the payment would be entered on the books there would be no necessity for cancellation of the note While there would be bea a record of the payment the witness had bad testified it was nevertheless the custom and ard rule of the company to have all al notes canceled when paid Judge Ak Ask L Question After Attorney Stewart had read from the manuscript for an hour saying saying say say- say say- ing log to the witness winess after each question question queston ques ques- tion ton Did Dd you so testify at the preliminary hearing the Judge Judg said sad What is the object of reading this record rord The object answered the attorney is to show that the statements of the witness winess at that time were contradictory to the statements made during his present ex examination Then hen I would suggest that you con fine yourself to such portions as are contradictory if find you any Attorney Stewart said that the purpose purpose pur pur- pose of introducing this testimony was to lay a a foundation for the impeachment impeachment impeach impeach- ment meat of the witness winess and Attorney Eichnor's motion moton to strike out all that l had b been read n from the transcript was was- tyas- tyas Wa denied denied Change in Testimony The tenor of ot the managers manager's testimony testimony test test- mony at the preliminary hearing was to the effect that that he had suggested to Hay that he cancel the note while yesterday he testified that he had gi given en him instructions to do so The Te witness at the request of Attorney At At- torney icy Stewart took to-ok tok the ledger of the company and turned to the account count of J Joseph Joueph ph Jensen of Forest Dale Dale- for 1896 From the record f of the ledger It was vas sh shown that the company held a pots note against Jensen for 00 a long record of partial payments ts a at t last paid the full ful amount But But there was no re record ord of cancellation across the face of the nots not Why Wy Note Not Was Not Cancelled I think It i would have been better to o have canceled It when the last p pay pay pay- y- y ment ment was made s said ld Mr Romney b but t it was not a breach of the rules as In the case of the n note lorten for or the indorsements on the back bak show the payments It was not marked I ac ac- ac log cording to my ideas but the indorsements indorse indorse- Indorsements ments of paid are all aU in th the hand hand- of the I I will wi have the n note t- t marked d' d for said Mr Stewart Tou ou U can put it U in ln State f will nf evidence and the make no objection said Attorney At At- Attorney torney Eichnor and the f J note n in e was received ren re- re defence evidence on the Part of ot the Mr Romney again again rehearsed the trip trio of Morten en and himself to Romneys Romney's house and from thence to Forest when Dale they Went to house in company with wih J James mes Sharp Detec- Detec tive Sheets and others The was being taken carefully witness ss statement over ey ry statement relative to made d at this time time- timea a ar the hearing when noon recess was taken |