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Show .ikiLL-tik UIJWiAi.U. inlr v' : i ; : ME MCI,: MIE 1MB MCY ' ' Accused Husband Defend- ; V cd by Cors cf Lawyers, Law-yers, While His Wife 1 Sits at Side of the j Prosecuting Attorney. ! ' . i After many days' delay, the prelim- - i Inary hearing of former Senator Arthur Ar-thur Brown, charged with having sua- talned improper relations with Mrs. ' ' Anna M. Bradley, waa begun before ! Jadge Dlehl in the City court this 1 morning. t ; The hearing waa replete with features which were of interest to the specta- j tors and there was scarcely a dull mo- , ment during the morning session. , ' '. Brown In Good Humor. ! Senator Brown was attended by his . j attorneys, CoL M. M. Kalghn. CoL Sam- j uel King, Soren X. Christensen and A.- ' ' R. Barnes, and a special stenographer. I Prior to the opening of court. Senator j Brown was In a high 'state of good humor and spent tbe time in an ani- ' mated conversation with his corps of , ! attorneys. j A few. momenta before Judge Dlehl took the bench. Mrs. Arthur Brown, the j complaining witness, entered the court- j room, escorted by County Attorney ' Westervelt, with whom she had been j In consultation. ' No "Warrant Issued. j At the opening of.court the complaint t specifying he offense with which Mr. j Brown was charged, was read. The j date of the alleged offense was fixed ' as September 1. 1902. . , Mr. Barnes said that no warrant had been issued on that complaint and 1 there was accordingly no case. He j said the court had agreed to set the. case to the foot of the docket, provided the defendant would waive the issuance of a warrant Mr. Barnes then demanded a bill of particulars. -The. demand wasr-ftet-. considerable" argument, denied by xhe -court. . . .'. . "" ; Sules Against Defense: ( .- ' j "The court also ruled that, the. Cases . 1 be taken up In regular order. An ex- " i ception was noted by the attorneys for the defense, for the purpose of effect- ! ing an appeal. ; The court stenographer and the special spe-cial stenographer of the defendant were then sworn. i County Attorney Westervelt offered the record of the District court In the case of Mrs. Brown against Mr. Brown. j as evidence. The record itself was not admitted but the paragraph referring re-ferring to the date of their marriage was accepted. A recess was then taken for a half hour, in order for a deputy sheriff to bring witness George M. Fillis Into court. A Cullen ilotel Episode. George N. Fillis, night clerk of the Cullen hotel; was sworn and examined by County Attorney Westervelt. He testified tes-tified that Brown came to the Cullen hotel with a lady on the night of September Sep-tember 1, 1902. Mr. Brown registered for the lady, writing "Mrs. Bradley, Belle-vue, Belle-vue, Ida.." on the book. She was assigned as-signed to room 58. The witness then wrote Brown's name assigning him to room 56. He did not write Brown's name at his request, nor in his presence. Attorney King moved that that portion por-tion of Fillis' testimony be stricken out as this action did not bind the defendant, defend-ant, and the motion was granted. Occupied Different Booms. Fillis then said that Mrs. Bradley was assigned to room 53 and that Brown occupied oc-cupied the room assigned to him. On cross-examination by Col. King Fillis stated that he did not see Brown go Into the room assigned to him and for which he paid. He did not see him enter, occupy or leave the room. His duties were in the hotel office, and ho did not go to the third floor on which Brown's room was located. He said he knew, however, that Brown occupied his room that night. At the Tequest of Cot King, the testimony tes-timony of the witness was read by the stenographer. Fillis denied that he had -ald"tbat Brown had paid for the room, andi insisted1 that the court stenographer ste-nographer strike that sentence from hl. j-ecord. . When asked If it was a mi- take, he absolutely refused to answer tho question, but under an admonition from the court,- said that Brown did not.fr.y foi the room. Col. King thtrt asked the witness If Mrs. Bradley occupied the room assigned as-signed to her, and Fillis said: "We do not see our guests in bed. sir!" I did not see her go to- the room. I did not see Mrs. Bradley enter en-ter the room; I did not see her in the room and I did not see her leave the room; nor did I hear her in the room." Tbe Event Is Described. When asked as to Mrs.' Bradley's appearance, ap-pearance, he said that she was a small, slender woman, whom he saw enter the hotel about 10 o'clock at night. Senator Brown then Interjected a remark re-mark reflecting seriously upon the capability ca-pability of the official court stenographer stenog-rapher to' properly take the testimony. Stenographer Olsen glowered at Senator Sen-ator Brown with an indefinable expression expres-sion on his face and retorted In kind to his tormentor. Senator Brown's mannerisms were much in evidence throughout the remainder re-mainder of the examination. He chatted chat-ted affably with the County Attorney, and whenever a particularly Interesting point was scored by either side, would stroke Mr. Westervelt's hair with a -L-JPoniia pa. Page t J Brown could be admitted as evidence, but that the part written by Fillis, the clerk, should not be considered as evidence. evi-dence. Day Clerk Called. Fillis was then excused, and A. J. Stratton. the day clerk of the hotel, was called and sworn. He said that he was on duty September 2, 1902, and saw the defendant, Arthur Brown, at the hotel at about 5 o'clock in the afternoon. Mrs. Bradley and Mrs. Brown were with him at that time and all three were leaving the hotel. They came from the elevator and left the hotel by the ladies' entrance. en-trance. "I did not see Mr. Brown again that day." "Do you know who occupied rooms 54 and 58 on the night of September 1, 1902 V asked Westervelt. "Tes 1 do -"Who occupied the suiter s Vigorous Objection. Col. King was on his feet instantly and objected, to the witness answering the question. The objection was overruled, over-ruled, and the court instructed the witness wit-ness to answer. He said: - "Mrs. Bradley occupied one room and I Brown occupied the other." . "What is the arrangement of those rooms?" "They are two adjoining .rooms of a three-room suite." "Are there communicating doors between be-tween them?" "Tes, sir!" Brown Paid Bills. Senator Brown's Trial. (Continued from Page L) . . . patronizing air and call him a, good boy, a bright lad and a brilliant attorney. Periods of Great Unrest. Sandwiched in between his Jovial moods. Senator Brown exhibited periods pe-riods of great unrest and disquietude and only upon the repeated warnings pf his attorney could he be restrained. Brown snapped his fingers in the faces of his attorneys, gritted his teeth and muttered. Witness Not Mistaken. The cross-examination of Fillis was Intended to show that he might have -been mistaken in the person whom he supposed to have been Mrs. Bradley, but failed, as Fillis remained, firm and could not be moved. On re-direct, examination by Mr. Westervelt, Wes-tervelt, Fillis said that Brown and Mrs. Bradley were shown to their rooms by a bell boy. This was strenuously objected ob-jected to by the defense, but the objection objec-tion was overruled. When asked where that bell boy was at present, the witness could not state, as the boy was no longer in the service of the hotel. They were taken to the third floor by an elevator pilot, Abe Stevenson, who was in the courtroom and was identified identi-fied by Fettis. Westervelt then asked if the witness had any means of knowing if any meals had been served in the rooms in question. ques-tion. Not Certain of EeconL Fillls said that the hotel records would show, whereupon Westervelt asked that the witness be required to bring those records to the courtroom In the afternoon. Fillis said he could bring the records but could not swear as to their accu- This was objected to by the defendant's defend-ant's attorney on the ground that the evidence contained in the records was" immaterial to the case. Westervelt retorted hotly that it was plainly evident that the purpose of the defense was to suppress facts. He said : 'I purpose to And out all the facts in this case and to that end will Issue subpoenaes on everyone who knows a thing about the case." Tracing the Meals. . ' Fillis, who was still being examined by Westervelt. said that ail meals were sent to the rooms direct from the dining-room, under orders from the head waiter, who was May Evans, jffay ,Evans Subpoenaed. May Evans was then subpoenaed by ! the prosecution. . Fillis. continuing, said: "I did not see Arthur Brown and Mrs. Bradley after they entered the elevator. I do not know if they stopped at the hotel ho-tel the next night." - County Attorney Westervelt then offered of-fered the hotel register in evidence, but Col. King interposed an objection. The court ruled, however, that the portion of the register written by Mr. - a "Do yos know who paid the bills for those rooms?" "Brown paid for them. He paid the money to me." , On cross-examination by Col. King, who frequently consulted his fellow attorneys, at-torneys, the witness said: "I did noX see Mrs. Bradley or Mr. Brown enter rooms 56 or 6S, nor did I see them in the rooms." "Did you ever see Mrs. Bradley in rooms 56 or 68?" "No, I never did." ''Do you understand the difference between being assigned to a room and occupying a rom?" ! How He Knew. "I most certainly do, sir. and I also know that Mr. Brown and Mrs. Bradley Brad-ley were at those rooms. I saw no one sign the register, and don't know who did sign it for them. . I did not see them in their rooms but assumed that they were there by seeing their names on the register and with rooms assigned to them. I knew Mrs. Bradley by sight at that time and it certainly was Mrs. Bradley with Mr. Brown and Mrs. Brown.. "I could not be mistaken that Brown paid me the money due on those rooms. The amount was $6.30." On re-dlrect examination, he said that the money was paid for Brown's and Mrs. Bradley's hotel bill and' for Mrs. Bradley's laundry bill. Court then adjourned after continuing continu-ing the case to 3:30 o'clock this afternoon. after-noon. Senator Brown intends to protest against the retention of Stenographer Olsen as official 'reporter of the court j at this afternoon's session. 1 ' i 1 |