| Show O Diagram of ot Scone of or Murder Crl lually Promptly Prompt at nt 10 Justice Nielson asked Is II the thc state Is 18 the time defense ready Counsel for tor both sides signified their readiness to proceed with wih the case cuse At Attorney Attorney torney H II 0 O Twomey was sworn In ns OR ORthe the official stenographer and Deputy County Surveyor J D 1 H 1 McAllister was called caled to the tho witness stand In answer to County Attorney tinIs tenson ho hI gave hum bin bil name place of or resi residence dence and nOI position In the time surveyors of ot office flee fice the tho attorney began his examination of or the witness counsel for tor forthe tho the defense defence Stewart K Stewart asked that all al the time witnesses el except those thole on the thc stand bo be excluded froth from the tile court courtroom courtroom courtroom room nhe request was compiled with and nn while hll the witnesses were leaving the room there was vas as considerable do dolay dolay lay luy Mr McAllisters McAll attention was 1 di directed Il to a n largo large larlo map hanging on n R frame to the left len of at mal the witness stand and he ime was fl Jukel It If ha he hI knew what It was He lie replied that It was l a diagram of oC Dale u a 1 portion porton of ot what Is I known as Forest ForestDale What Is thit tl scale of the map inapT One On Inch represents twenty feet What Is II this spot lpt Inthe In the southwest corner comer of oC the map what does It Indi Indicate cate ento It U indicates th the grave ilave As time the witness spoke the words Peter leter leaned over oer on tho time table and Amid IId looked Intently at th Ho Iu then picked 0 up UI a u pencil and paper and amid began Lelan taking notes flutes In u a I rapid manner mannel Attorney pointed to every ever mark on the Iho map amId asked what each elch represented It I showed howel thu tho location of at thIS th grave In iii which time the body hOly of James K It I Hay Huy was hurled burled after ho ha hud had boon been leon murdered the railroad track Wire fence fonce store and residence rc the thu residence to ot of Peter etor his hil brother I place lud time thu school house hOlse How far Is II It from Cram the grave to Ieter Petel house asked a the tho states stales attorney I Measuring from rom the lime south door of ot I place by way WI of Ir the time gate gato timid and the time railroad the thu IlK dil lance Is II exactly 1318 Im feet teet How far til Is la It I from froum Iett Morten sons sens len place to time tho residence of ot Henry Honry feet teet It 1 Is II seven leun hundred and Is there n a I fence tence near the time grave fence Yes the tho dotted dotel Indicate the tho How 10 far Is the tho grave rne train from tho the fence felce 1 I take the tim distance Well Weli ell what Is It from the track k 1 1101 the time grave to t time the of at the truck track It IH is II 01 91 feet Now about how hol fur til furls Is 1 It I from trOn tho tIme grave gravo to time tho fence I J should 11 about CO GO feet foet Have you the time distance dJ tunce from Morten sons sens plane to time the grave by wity WiY of ot store Yes Krom the this south gate gute west to the corner to store Ilore north to tho the railroad track and und west to time the th grave It Is ls practically 1431 feet teet Counsel then asked as ed that the tho map mop be offered as evidence but the other side objected on the time ground thul It U had har not nt been shown yet who vilo drew the time mull tUp U it I was then agreed that the map mall should be bo marked larkell ten by the reporter as Ca lS Exhibit A for Cor Identification A map mil of or tho time otc of at the Pacific Lumber company was WI then lien Introduced and marked us ims hI exhibit C ilmo scale Inch to of at this map witness said was 1 th toot In answer to questions of or Mr Mr McAllister described In de detail detail tail interior McAlster of at tho thu office n ld he dlo location of ot each piece of at furniture with whim reference to n a large lurge counter which stood near the entrance of ot the tho How high Is that counter Witness did not had not miot measured the thc height width or breadth of any leco or furniture In Jn time tho build lh In Int Iny but he Ii ll Ul ti wo WI about abo three and fe tet teel t high This answer anser WA objected to tl by y At Attorney Attorney Attorney torney Stewart and ami ho asked that It he be stricken out The court then Instruct to um the witness to state only olly that which then des described described ho he knew kM Mr fr McAllister McAlister the desks and chairs In the time room and amid time the dimensions ot of the room lve which wro Iro ro 17 I fret feet 10 Inches north 1 Inches 1111 hOd south smith and 29 feet east eat and west The Time next map brought out by by time the attorney was the time map of at atthe the lie cellar of oC house When it tt was Wn nung up el exhibited the tIme liveliest Interest In II the same oame and It critically for tor a long time timmie I IanI Witness explained that the east cast wall vait wul of oC the time cellar camo to the time bottom of ot the floor joist jott and time the wall sali Is 18 not en entirely 1001 filled Ailed In After the time witness winess hud hind given glen fled this testimony counsel colnnel for Cor tho the defense Interposed an on objection on the tIme that the this witness could not show by the condition of the tho house ouse now nw what It was at the thc time of time tho alleged murder The Time objection waa vau Wil overruled and an In exception was noted Mr Christensen en asked when tho the map of ot the tho Interior of ot the house huno was In Introduced Introduced traduced If I the two tO front rooms were finished or unfinished Unfinished was waK tho the answer Mr McAllister then described the room and time the entrance to time the rame tram from the porch a rt also time the con coil Cal tents of or each elch room The Time measurements he said were Wea taken on December 20 1101 1901 Ir to the time present time He lie le then thel tes testified tilled that lint the maps Were vere nil all 11 made ile un unter oler ter his hits direction and that ho lie did most of or the tho work on 01 them Attorney C H B Stewart then took the tile witness for cross examination and ald naked Did l you OU take tho the measurements l yourself No I J made notes while my 1 assis assistants tants tents took the measurements When was isas tho the last measurement you ou made Yesterday afternoon You never lever visited the house on the or at nt any on Aim time prior to the tho did you No I think hunk fiot fot Mr Stewart Siewart then thien arose arow and asked that hat nil ni the hr testimony given by the wit wl ness flees be stricken out of or time the record on he tIme ground that tIme the condition ot of the time house at nt the present I nt time or at nt tho time linn Clip Ih measurements were iere wert taken did ii not Indicate nd n time the condition of ot tle t tl e house noi on the tho date dalo of at Ir tho thA th alleged mur murder der mier and hind nothing to do with It I at ut atall alt all leI old Tie The attorney took the tho stand that hat tha hatI al It I was ns ni all Incompetent Attorney on vigorously h op opposed opposed posed osei objection and said Mil that subsequent witnesses would testify ns as D asto to the th condition of oC the tho house and prem prom premises premIses lees at lt out times from fron roam the date dale of ot tIme the murder to tIm tho present time The Time objection raised by ly Iy counsel for far the do tie was overruled and an nn exception tion ton noted otI Answering Mr Ir Stewart Witness Bald Mil he lie did not mark or notice a 1 settee in tho time middle mil I of ot the time room rom When did dil you ou take tako the thc measurement at of this place I took the thc measurement ot or the lie fin nn finished hart of oC house houle on the thc rd nl of ot December 1801 1001 When hien did dil dl you OU do tiO the tho rest restOn On Jan 11 ii WOl 1001 1 Tho The 01 teller was o pleasured on the time Oard of or December celer Witness said he noticed n a rack containing n a 1 considerable pile Jle 1 of oC lumber This Thil was In itt the lie northeast corner mer of time the th room toom HP He 1 wild said It I was iva wn eight feet long and four feet wide wile When Mid did Id you OU make mahe the te measure ment of or time the Pacific Lumber 1 That us ns done on the tho 1011 day of January Januar Referring to cm tho the map of the lumber asked om Attorney AUorey Stewart Was this thi chair choir placed In position by Mr Yes the tho chair was sas placed In the po position p position It was wa when occupied by b Mr Did you ou notice what t the tIme office OM eO Is built bUi of oU Yes Yea It Is built of oc lumber Did Jd you notice nt otho time tho thickness ot of the tIm walls wo They w wore oro ro not very v ry thick being fin finished 11 on 00 the tIme Inside by imy II paper The rime Dale Jalo Ilio mUll map wu 11 then re referred referred to again When did you make fluke tho tIme measure measurements montH ments on time the map mail mailOn On 01 December Where diLl did you commence your oUr measurements and what direction dl did you ou pursue I J began begal at lt the southeast south cost corner orner ot of Peter Petur lot anti nd measured west Ivest t to the southwest t corner of ot lion Hon drys store and north to tuft the north rail 11 of ot tIme the 1111 City Olty IY branch o othe ot of time the Hlo 1110 lo Western tern Hallway Then hen I returned to a tho time ear cor corner earnor nor ner nl of or Morten nH lot and all thou then thol lucas urell Urel north microns across time the tracks past tho time Young Youn Clawson lots lot I to the north northeast Irth of ot lot lotI east eust corner Henry HenrI rorer I 1 returned to tho timo railway track measured west along time the track to ft n point foint opposite and Inel south of at tho time grave Thun I measured from rain the track tra k to th tI tM grave Did Id you ou notice the fence Ten YI It was WM a ft l barbed d wire with round barbs Did you OU observe Me tile height heigh of or the time embankment at Ct li Yes Yel sir It I was two iq feet reet Did you notice th distance between time the bunk bank and amid tho time t Two Tivo feet teet How fur far Is II tho time lower lowel wire from the tho th ground Ono toot foot tot Was Wal wire tight o of loose It I was Wil tight Is IH not nt broken loose front tho time post lost How lIw fur far ore th thin tho posts apart About seven loon or eight feet Did Dd you examine and und measure the grave ve Yes cs sir sirs It was Wn six and mil seven tenths feet teet In length ono ammo and Ind three tenth feet wide and ono one ono one IS In ho depth was WU the nature of or the thc tl soil noil lol It I was WAN Wil soft and Ild marshy How low fur far Is tho time hut lut from tho time grave About tOO GOO feet southwest lion How low hmm far Is the time nearest house on the tM th northeast foxs Coxs house fifty rods rols There Is I a small mal house hu o to o the tho northwest about 60 GO or 70 rods from the time grave grewe Is there anything to obstruct the view track of ot the time grave from the railway No sir air sirIs airIs Is II there to obstruct the th view of ot tho the grave tram front th tM the Seventh East Eust car cor line lino Ino Nothing hut but fences tence no o trees treel or any anything thing that would Interfere with wih th tha thu view 1 Witness Winess was then excused arid before another witness was mas called rai II Justice NIelson suggested that court adjourn until 2 pm An adjournment cas Q then timon taken until that time line and tho prisoner was sas wal removed to thu county Jail by Sheriff Naylor Nn lor and Deputy |
