Show COURT proceedings BUSINESS THE manslaughter TE R CASE in the third district court this morning default was entered in the divorce case of hintze vs hintze and tomorrow to morrow morning set for hearing evi evidence clence at the reque request of mr brown a continuance ti nuance was or ordered deredin in thecile the case ox ol the people vs jones and until saturday oi of next week the case of the people vs charged with assault was dismissed the prosecuting witness and defendant having become reconciled the trial of charles nelson on a charge of manslaughter was proceeded with ati cros oss examination of wm win hamilton by the defense was completed the prosecution rested wita the understanding that it be permitted to introduce mrs graham wife of henry gardner gardier when she should come in the court room 1 major woodlot woods Wood sot ol 01 defendants counsel be then stated to the jury that the line of defense would be to show that the kicks administered to gardner by the defendant did not produce the injuries from which he be died but blut that those injuries were inflicted upon deceased by other persons than the defendant during a general fracas i t 1 1 dr benedict testified to having held an autopsy on the toady body of gardner on the body were several bruises two on the lower part of the abdomen were the most serious toe ane bladder was ruptured and in the abdominal cavity was about a quarton quart of blood mixed with urine which had produced peritonitis the direct cause of death the bruis aruis s on the abdomen were probably caused by blows which ruptured the bladd r witness was of opinion that the bruises had not been caused by kicks but by blows judging from their appearance ance mr parks testified that he was ing the violin at pitts place the night thy the trouble occurred did not see it ft but was told by wm li hamilton amilton that there had bad been a fuss between hill and gardner and that it took three beuto men to lick or put out the latter the witness could not remember which expression was used Thee were blood stains on hamiltons clothing mrs graham who was gardners gardeners Gard ners wife at the time of his death testified that he came home about 5 ik in the morning of Decew december her lath 1884 she first saw him on his knees near the bed his bis arms folded across his bis abdomen as if in gr great grat at pain his head bead tied up with a handkerchief and his clothing stained with blood mr etchel a young ayoung max man was in pitts place at the time gardner was injured 4 and gave an account of the f fracas that took place as ag he saw it his examination was somewhat lengthy and his version of the affair tended to exculpate the defendant albert pitts a boy was next put upon the stand no important facts were elicited from him the same way may be said of miss hill the next witness john hill was sworn he testified of the quarrel between himself and gardner struck the latter once witti wita hi hia a il flat t but knew nothing of the manner in which deceased received ane injuries that caused death lu in the afternoon the same case was proceeded with benjamin hill was alor the defense f eme testified to seeing gardner jym tying ia of the house defendant did not kick him nim at atthe the conclusion of the examination tio of this witness a subpoena issued by commissioner mckay was served upon mr woods one of the attorneys tor the defense reclaimed he claimed the protection of the rhe court and judge zane I 1 made an order accordingly mr hoff hoffman man the other attorney for the defense took the stand and by stipulation with the prosecution read the testimony of a witness named etchel 1 given in in the former trial of the case toe defendant himself took the stand he denied having kicked or struck the deceased but admitted having pushed him the defense rested with the close of this witness testimony the matter of instructions to the jury and of submitting the case without argument was being quietly discussed by the attorneys etien we went to press the sentencing ot of isaac pierce on a five count indictment for unlawful cohabitation and of frank stoddard on a conviction for rape was postponed from this morning till this afternoon and again till tomorrow morning orning ro on account of t the he absence of i the be Dib district triet attorney who was engaged in commissioner me mc kays court |