Show MRS HAY AND HER FATHER TESTIFY AGAINST peter mot tercia yesterday exper the crisis in hia trial for life jle was prepared forit even when confronted bv the widow of his alleged victim and the father in law the first giving in a veil 3 monotone tho story of her last meeting on earth with the man of her heart and the other pouring foith the mot mo t bitter words perlue per lup that an accused in an ever was compelled to listen to peter M or betrayed not the slightest emotion ant sat through it all with his gate directed towards the witness chair calmly chewing gum abgie hay widow of james IL hav was the birst witness called yesterday yeste iday morning district attorney eichnor in order not to weary the witness asked her almost immediately as to the return of her from work on tho night of dec ag she testified that he came into the hoisie about and after placing his hat and coat on a chair adt down to supper this supper consisted of a small quantity of cold roast mutton hot biscuits and jam after the light meal she stated sir hav went to the stove and put some coal on the fire alien left the house the time of departure being airs hay just before your husband left you that evening you may state whether he told you where he wai going now dont answer that please concluded mr eichnor anticipating an objection from the defense the objection came and was on the grounds of hearsay iii competency and it was overruled and the witness replied state where he said he was goings objection by the defense overruled mr hay said 1 I am going over to peters a few minutes to collect some money ill be back soon did he give any reason why he was going at that hour yes noumay You may state what he said the again objected and the court asked mr eichnor to submit ilie answer lie expected from the witness the district attorney did so and the court su the objection sirs hay then gave the agea of her three children at that time aa 4 years 3 years arid t ix months she went on to gay that she about 1020 at 1 she awoke and went into alio kitchen her husband had hot ic turned for some time then I 1 waa trying to get up courage to leave the children and go to peter house continued mrs hay 1 I did go there at 3 how did you know it was 3 because the town struck 3 as peter opened the door when I 1 ai lived at the house was dark I 1 went to the south door and it in about ten minutes mr cn opened the door where is james I 1 asked and he replied he at hornet I 1 told him no and he said lie must have gone up to ernests him if he had the money I 1 understand his first answer so I 1 asked again and he said yes he eaid 1 I worry he has over night with ernest and must have missed his last car home you could see could you yes he turned on the light what was his manner jie appeared to be very nervous how did he manifest iti hy rubbing his fiands together in any other way I 1 only he in a very low tone of voice that ia all announced the elate we have no questions said attorney stuwart wart and mrs hay was excused wll all mr sharp after answering a few preliminary questions was taken forward to tuesday dec 17 at Morten sens house during his stay there the witness said he asked cn where he had paid the gold to hay the defendant fen dant led die way to a settee and explained the transaction saying he had brought the money up from the cellar where it had been kept partly loose and partly in a sack he counted it out in piles of AS they both sat on the settee and ijac put them in hia pocket he said until Ms pockets were billed alien he put the remainder in the sack after tying it up and putting the sack in his right hind pocket he left morten en caid they pasted out through the passing mrs peter and mrs henry on alic way hay went towards alie south gate and that was the last the defendant saw of him according to hii story 1 I asked Mor tengen lo 10 show me the place where he last saw my son mr sharp he asked why I 1 wanted to know and I 1 told him it waa because he deen chiai go out of the gate and that he tho heart of a human being in him it ho allowed a man to leave hi house with that amount of wealth without abaer whether he got to the gate finally peter came down off the steps and indicated the where her seen my son then I 1 turned to him and haid peter mor ton that is the last place yoni saw my living son eliat is the place he was killed the cellar and other igarta of the pi opuses onuses mr sharp said lie again had cn point out the pot where he ial saw hay he did ato and then I 1 looked him in the face and acids peter there is where you killed camei R hay spoke up how do you know hen blead he asked and I 1 to honi the proof will be that hia dead body will be dug up within twin ty four hours within ft mile from here in one of these fields what happened chent asked mr eichnor jh he same ground was gone over I 1 accused him several times and he made no the ants of wednesday were ahm probed into mr sharp told of standing over the re nunn of liia dead son inlaw in law on the wagon at lore whilo Morten aen stood nearby ami his every phrase of this part of the testimony was an objection on the ground that it waa a soliloquy and not hown that Mor tennen heard st each objection was overruled 1 I raw hh face said mr charp covered with of blood and 1 my dead boy I 1 him IM my poor li unnie then I 1 you never ran away he murdered you for a receipt OH your body you ran away he never gave you a dollar peter n dropped his lead and gazed on the ground take the wid mr eielt nor in a well sati seil tone then cn aed a shrewd lasting and unrelenting crofts examination by attorney bernard J stewart developing ond atton that will never be forgotten by aha several hundred persona whoa them it was drown from mr sharp eliat when ernest homney and morten wn burrt him rt once on inor nine lie told ahm that it alicy wanted their wacy to go to the police that iio wa going tt his brokenhearted broken hearted daughter it wan shown that the blind in the window where the money was alleged to have been counted wag up eighteen inches that evening sirs having told mr sharp this much it was drawn out that mr sharp told peter cn that he was an inhuman being if he allowed james R hay to leave hia premises unaccompanied that night with that much money on hig person it would he inhuman to have the money at forest dale at all volun mr sharp when pressed closely on this subject i 1 I dont want your conclusions declined mr stewart 1 I want the truth what youre getting and what you are afraid of retorted the witness the then led up to the accusation of sir sharp against mor yes ho i repeated boid him that was the spot where my aon was killed and eliat I 1 would hold him responsible for his death why did you say that mr sharp asked mr stewart stew art because that is the spot where ho last saw him that is the place where he killed him how do you know it his body wa found over in the tidd the next day you dant know his body was in the field at that time 1 I did how did you know it 1 I told you how at alie preliminary how did you know it god revealed it to me was the quick response when there in eliat yard how did lie reveal it to you by telling me how did he tell it to you ire told me by alic utterance of my mouth 1 he told me as proof to peter mor he had killed my son lie as the nun that killed him his dead body would be dug up twenty four hours within a mile of that place buried in one of aliese field did god appear in person go and ask him answer my question ask god the court answer the question sir he did not how did he appear ho appeared by the power of his spirit and told me was there any personage there the personage of the holy ghost was there what kind of a personage is that I 1 you describe him you are alie man who saw him you describe him 1 I see him then you gee the holy ghost there no I 1 felt him how did you feel him jy feeling I 1 was in the presence of god and dare not speak other than uis word i did you feel him ly your hands no how did you feel him bv my spirit eliat it the only reason you have for abing aying peter killed your son alio eaic out of my mouth mr and I 1 could not stop them and I 1 will not deny goda words neither here n br anywhere els er I 1 will not deny them when I 1 meet god in the next world when you spoke to it was in the presence of several parties around there yea what did he lie made no reply none whatever na sir he knew he wag guilty ite could not make a reply la thi mr sharp the only manines ration you have had with reference to this case i no sir when did you have any other on tuesday at noon I 1 saw in a vision the trail of blood leading across the track to the grafty you sa anything about that thundered the attorney oh yes I 1 did to my family have you had any others before the question was answered the noon recess was ordered at the beginning of the afternoon session mr asked mr sharp have you ever had any other via ions not eliat I 1 recall have you had other on kotlier subjects yes sir to know eliat the gospel of jesus christ is true when you went home night TOU knew your son had been killed yes you knew the body biad been taken where vou saw the trail of blood yes jl 1 but you go to eliat place of alood no sir mr sharp you knew your son was lying dead murdered n that cold lonesome grave yet you did not go down to him 1 I knew he was lying there some I 1 know the exact apol yet TOU tell you tell alie no I 1 hivo to mr sharp asked the attorney gravely why did you go homo and leave your murdered son there under circumstance because my daughter already broken lk artal binl I 1 knew lie could not have chool chehock the hock so you were content to leave it that favl 1 I it thai way you were content to leave it that I 1 ayt 1 I did leave it that way it was my affair and I 1 would have kept it to myself myie lf bill you pulled it out of me the same as vou did alie other mr you day you knew mor tension was guilty tuesday wien he vent to your house that night and if he could do anything for you you lur hand not thit I 1 remember it truo that you have on a number of occasion expressed your doubt n to alie before god icoy cried mr sharp with emotion he next test he had told george koane father of ernest horn ney to if ernest to glenve peter mor alone or lie would be and he sharp would put a detective on h m track why did von pay hat because what I 1 would have done k t 1 did you uc t rf 4 f yr wyl 1 I card whether he was or not I 1 would have put a detective on ilia track god did not reveal to you that bom ncy was implicated did he I 1 he did not I 1 mr sharp next testified as to examining the footprints in the of the grave one track was that of si person carrying a load lie said he knew tah from the fact that the track did not run through the imprints of the body on the other side of alic fence on redirect re direct nation mr sharp recalled additional conversation he had with on tuesday in his yard the defendant had told his son haber sharp eliat he saw hay go out of the gate and start down the street car track with alie money had told me differently he continued so I 1 brought libin face to face with my pon and asked if he had not stated the case that way to heber he mid but eliat it was not the truth and he know why be had said it mr sharp was then franklin M i carpenter who was employed on some of jobs in forest dale was next called on wednesday the day of arrest him to put the windows in the cellar and he did so he was cross examined to show that the hone was in an unfinished condition and the work was imperative assistant county attorney fiad C loofbourow cx george A sheets and cx of police H hilton were sworn in order and all testified that they biad the wall in the upon which mor claims to have kept the money and had found it completely covered with dust not a whit of it having been disturbed detective sheets experimented dollars and bottles and found it impossible to place any article upon the wall without leaving the impression in the dust koyal B young was called morlan ben told him on wednesday morning in the course of a that he paid hay the money in gold and that he put it in his pocket knowing from an experience I 1 had shortly before this time continued the witness a man can hardly walk in hia pocket I 1 asked pete liow hay managed it he replied that he had part of it in a sack mr eichnor ended here and the de tense executed a clever coup in the cross examination of mr young they were allowed to go into all the conversation that occurred at that time and they showed eliat it lasted one hour when cn approached with me story of his discovery in the field I 1 this led up to the partial uncovering of the body by young and and it was told of by young in the most favorable way thus far to die defense the important point in hia testimony was that he practically the first man on the ground could not distinguish the size or shape of the tracks leading from the grave to the fence as alie snow had fallen in around them by eliat time when hays face was un j according to mr young mor exclaimed with both hands raised in an attitude of horror poor Ji nimie poor dimmic he has been cloughly handled ed C penrose was recalled told him he naad that hay had the money in a sack and put the sack in his overcoat pocket when he left hi house on a later occasion tn said to the witness thai lie kept the money in jara and that ho had three jars full of aa gold pieces wa positive that the defendant said the jars were full |