Logansport Pharos-Tribune from Logansport, Indiana on January 12, 1898 · Page 24
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January 12, 1898

Logansport Pharos-Tribune from Logansport, Indiana · Page 24

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Logansport, Indiana
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Wednesday, January 12, 1898
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STORY OF MURDER Being Told to the Jury in the Mclntosli Case. of Dr. I special necessity for getting along as rapidly as low. the circumstances will al- Deep laterest Manifested in Every Detail of the Bloody Affair. Many Witnesses Examined Today.— Sight Sessions to be Held to Hurry the Case Aloug. After Attorney Frank Ivistler had liulshed IMS statement of -the State's j <.-ase .in the Cass circuit court y&iterday j afternoon, da which lie called fhe at-, tention of 'the jury to the points of evidence 'to IHS presented by die wilt- witnesses, and displayed his maps and charts giving the -exact layout of the grounds on whiich the great tragedy that caused the dearh of one man, the wounding of two other men and a •woman, and- -tlic bringaixs of the man Charged \vitih the shooting 'before the toss circuit court on the charge of murder in the first decree, after confinement in tilic county jail, was enacted, the evidt-uce-uaking began ami the trial proceeded, TO the evident satsisfuciti'ou of chose who had oeen looking forward -fo this flime. There was no commotion, but as the witness**' fold 'dwir stories and replied •to the questions of the attorneys those •who were fortunate eroougib .to gain admission inrto the court room seemed not to loose a. word, so great was the interest in the case. A notice&Me feature of the attendance has been the large number of women present, tdie greater number of (are two or three rows of seats within «he i-aiiilimg being filled wntih 'members of tlie Mir sex, mil of whom took the •kspncs* interest in the proceedings, •and most carefully 'scrutinized the prisoner, wtoen, not absorbed hi httiring the testimony. TESTIMONY BEGINS. Walter A. Osrner was tlie first witness called in behalf of the State. His testimony was that of a civil engineer, -having made a map of line streets and alleys surrounding- the saloon wherein Frank Pottnioyer was killed. Mr. Osmer was asked regarding distances, etc. of the different poinis of special interest as shown in the plat he had made and the cross-examination conducted by Mr. .Teukiues was confined to technical points ia the same line. He knew notoing regarding the inside arrangements of the saloon, but. -had carefully measured everything preparatory to making the map. which was entered as evidence. The next witness called was Elmer Hickok, a photographer In the employ of 0. M. Harrington. He was asked to identify several views of both the Inside and the,outward surroundings of the saloon of Frank Pottmeyer, which lie did. He testified that on Nov. 0, only two days after the death of Pottmeyer. he had taken negatives of all the outside views, representing the. building, alley and streets from several different positions and angles. The' views of the interior of the saloon, he said, were taken on Nov. S. They showed fhe bar and fixtures together with the curtains, pool -tables, wiine room partition, etc., which are knowa to have been, in the place at that time. In his testimony Dr. F. A. Busjahn said that he was called in the capacity of coroner to -the saloon of Frank Pottmeyer on Nov. 4. a'bout an. hour after the shooting. He described the find- Ing of the body of Frank Pottmeyer lying In a pool of 'blood on the floor in The'rear part of tlie saloon, between the pool table and the wine room. His examination showed that death had been caused by a gun shot wound in the chest. In the removal of effects "from the person of the deceased by the coroner, no weapons wore found, which goes against the defendant's plea of self-defense, thinking Frank Pottmeyer held ft. revolver in his hand when he opened the door through which Mcl-ntosh shot him. In this testimony it was '?hown that the officers - had exercised due vigilance and kept •the crowd, which soon congregated on the scene, on the outside of the saloon away from -the dead body. Dr. Bus- Jahu also t<xstified as to the holding of a postmortem on tlie day following tlie murder, in which he was assisted by several other physicians, among: whom were Drs. Holloway, Nye and Cady. This examination showed that the shot had entered the chest, of Mr. Pottmeyer one inch to the right of the point of the -treast bone and a quarter of an inch Ix-low a line drawn across the breast between the nipples. The surface aspect of the wound was found to be turned s&owing that the shot had been fired at very close range. As the charge of shot entered Pottmeyer's •chest it tore siway a part of the breast "bone, severed the arteries and, scattering, shattered parts of the heart, lungs and intestine«i. A photograph of Pottmeyer's body while undergoing the postmortem examination, was Introduced as evidence, after having been identified and verified by Dr. BTOjann. The objection of the defense to tt»e admiisslon of this pfnotograpih as evidence was overruled and exceptions taken. The cross examination Busjahn elicited the ract that the body of Pottmeyer had been turned over on its back before the coroner arrived. Also that Pottmeyer was an exceptionally muscular and healttiy man supposedly Mjowing his superiority in power and strength over the de- j n . an< . e so ^ at Tvberi P,ail!ffi Morsa.ii .Cc'fiflnnt, Mclnwsih. wist to op^ the doors it wa:; almost The ri'sunio-fli.v of Dr. Holloway. who ^ impossibility. .However, when a was called to testify next, corroborated , ' ^ j.^,^ OTOUg h . to admit one person that of Dr. Busrjahn. Dr. Hollowny j ^ ^^ d]ere mls a ^^ mm ;)1 . was one of the coroner's assistants at ^^ d ' irobed OVOT &v ^ other, in their TODAY'S PKOCBEDDC:!S£. • Before time for the court room to be opened a. crowd ha<l packed the en- 'both the inquest and postmortem. Tflip. Stite introduced John Miller to .I'm, 'oi.in- >i.iv-*v~ v. . .(!..,£*; ^vere in .iniLtai'u-^Lwjrr <i.u<a »* nc^ tut show that a filing had been harbored j — ^ on ^ nnd attorneys had token - , ••• .- _ _.* :_,-.!. *-V. A "OrirrT)i/iT"iii'C i •* * *• attempt to get front seats. Many la- and Trhen the by Mclntosh against the for a period of "two years. Mr. Miller is a horse shoer and lives just a block from the saloon, on Brown street. In testifying he stated that he had made the saloon Ills loafing place for three or four years and was able to call to mind several times when Mclntosb had been tlw cause of trouble there. One night about two years ago he was present when Mclntosb and John Benner had an aKercation over some game. Pottmeyer took the part of Benner and ordered Mclntosh from the premises. At first Mclntosh refused to leave, and when he did go he stood on the sidewalk and invited Pottmeyer to come out and fight. He told the witness the next raorflinj,- that he came jback later in the evening to "get Pottmeyer." but the latter had gone 'home. On various occasions Pottrneyer would mat sell Mclntosh li-juor, because Mclntosh their places, court was formally opened. Whan -Mclnrosh was brought, into court he seated himself near his attorneys and seemed, as confident as ever, showing less aarvousness than during the selection of the jury. The frM o]x*ae«d toy the State calling Charlies Ruhl who testified than: he was a saloon keeper and -had -lived in Lo- gaiwport- fifteen years, was acquainted with Mclntosh. Knew Mclntosh had trouble witih Benner ia Pottmeyer's snloon. Met prisoner .in. tihe night •after this trouble on corner of Front and Mark-eft streets and was told that lie was laying for John Benner and Frank Po.ttme.ver: displayed, two re- Grandest Remnant Clearance Sale Ever Inaugurated in Logansport Opens at the Golden Rule . . . WEDNESDAY MORNING, JANUARY 12TB AT 8 A, M Sever in the history of the Golden Rale hare we had such an accumalatiom ot " _ j. . _ „ _ J. A ••-»•* ,11- A o nr*»rt 11 /i CYi'Oi: Reninants as this ™t year ->nd as it always has been our cnstTuTfrom year to year, to make a grand sweep of all Odds" and Ends at tins period after stock clearing TO have -stit.ted the most Kmarkable Bargam .east ever your good fortune to attend. Every item you will fed a GREAT BARGAIN. AH are delayed on our counter and marked Regardless of cost. Be sure and attend !* you like Bargains. Remember Wednesday mcrning, January 12-th. It commences at 1 THE GOLDEN RULE. SEE LARGE POSTERS FOR PARTICULARS. volvers and fired otiie tnro the fence and if .the occurrence ever came up again he would do Pottmeyer up. In cross examiination the witD'?ss said he thought Mclntosli <t»ld him That liis trouble with Pottmeyer was had a habit of coming up town and getting drunk a.nd then coming back there to raise a disturbance. Several times had a .threat to call tlie police caused 'Mclntoish to vacate, Mr. Jenkines cross examined the witness and got an admission from him. that lie had Ibsen a nightly visitor at this particular saloon, drinking there and occasionally associating with the women who fraiuented tlhe wine room. He had been a special friend of Pottmeyer's from 'boyhood. Aliss Lucy Pottmeyer was the witness in which the public seemed most interested and wttien she appeared on tjie witness stand she was given the closest attention. Her testimony was iven in a very determined manner and at times caused amusement in spite of the fact tihat slie was telling the story of the killing of her own brother. She gave her age as 43 years arid •briefly stated that up to the death -of !hcr brother's wife, some two years ago. she had lived at the home of hpr parents, but from that time up to -the murder she had been housekeeper for Frank pottraoyer and had cared for his children. On the day of the shooting she- was employed with Oi-er household duties in the home Just across the alley from the saloon, when heir attention was attracted by the sound of a gun shot. TJ)>on going to the window she sa,w Mclratosh standing in tlie alley x with the Winchester pointed toward the 'bade door of -the saloon. She hurried out and around t!he house and when she reached tihe front gate she mot Mclntosh still pointing at some one in the saloon. She said to him tint •he must not sJhoot, but he informed her that he ~had already shot and "had killed Frank Pottmeyer dead/' When .she learned tin-is she hastened to the saloon and when she was inside the door a. few feet, near her brother 'Edward, she felt a charge of shot strike her in the shoulder, neck and back, but did not hear the sound of the gran. She also stated tihat about seventy shot were picked out oi' her body toy the doctors. The effect of (her own wound caused •brought up during a game of some claiming that ihe wanted to know if -it! kind. •Patrick Dunn was the next witness •Ms testimony was to the effect | that ihe was a grocer and acquainted j from his place he -.vould kill Mm. with both Mclntosh and Pottmeyer. J -Gus IHecMe. a -butcher in t-he employ Cross examination that Charles would go off. brought out the BuW told his story of the meeting with Mclntosh to several people before the dsa'tii of Pottmeyer. •Slelntosflj had told 'him (that ihe had Ueem driven, out 'of Pottmeyer's (-"alcon with threats. .Tohn BML .butdher on Cieott street. Been in busm^ss there lalxrat a year. OFrank Pottmeyetr. Was in sjv- loon night of M-elntosh's trouble with Benner. Heard Pottmeyer tell Mc- lntosih that he dnd not want him in his place. iSawTHcIatoslh to a day CT two. was told that M-cImtosh -went; (home and got Ms. gun and went tack *> bill Fort- mevar. Had seen .Mclntosla 5ii Pott- for several years. Some .time a year azo he was called to Pottnieyer's 'saloou. He fouml Mclntosh had left, but while .tihe witmss vrtis 'talking with Pottmeyer Mclmtosh reTurned and ait Pofnmey-er's order he took McTutosh out of the place. On cross examination t'he witness said if Mclntosli dad not *ray away court not to admit more than could be seated. Among the disappointed ones were many of Those whose faces hare bee-n seen HI every trial of note for several years and their absence gave the audience a rather strange a.ppear- Mrs. Stukey and a number of her friends occupied sea*? near tHie clerk's desk and watched tJhe proceedings of the trial with evudaat iotea-est. Mrs. Marshall was recalled by tire He (had seen- 'Mclntosh in Pottmeyer's of .Tohn Beshore on West Market street place several times One evening testified -that Mclntos-h came for a gun • State and, -although she tad remained while in tflhere Mclitfosfo Came in. Pott- *o Will a dog. On being refused the gun J in the court room during tte testimony meyar ordered Mm out "but Mclntosh refused to go Potitmeyer called po- ilioeondiM'onixxj'Surfa.ce came aud took Melotosh out of the saloon. On being cross -examined ness said 'Chat Ulcln;toah offered no re- *.' Mclntosh itook up a steta'k knife, but' of her son, she was allowed t» state took that track also, because taie wit- " " ne.ss tth-reatened to caill Uie police, T>ater meyer's place several itinres and heard Mcttitash Tefused drinks by Pottmeyer. Xev«- heard Mclntosh use ihai-iih language to Pottmeyer. Cross examination showed -that the witness was fin occasional visitoi- at Pobtmeyer's saloon and fiinjisflwd part, of the supplies for Pottmeyer's lunch counter on the'Mr. Never saw firearms in possession, of Mclntosh, WiiH HuCfmtan, u?on of ex-Polticemaii Huffman was next called. He is employed as 'blacksmith helper at Holbruner & U'lil's. Knew both d<?ce!isec! and fha d-efentiant. On tire night flf trouble in- ifflie saloon he tmlked with Mcln'fosfli ^"lio said he would go home for his gun and blow the whiite-headeil s-— of'b -'s head off. Qlhe -iri-tn-ess •faiiked Mclutosii out of Ms tintention to harm Pottmeyer and Banner 'smd got -tihe witness- saw 'Mclntosih going the wit- j.towanvi .the saloon wartfli a, gun. Attorney Mahoney Ofoss examined sistance to the officer wfhen he -was re- j the witness ami developed that. Mcln- moved from -Pottmeyer's place of bu&i- itosh had made no threats agaiinst any of the Potrmeyers when he -asked foi 1 uhe blacksmith near .the rifle or knife in fthe butcher sliop. WilUain Myers, clerk in a grocery store for F«d Hor-stmaii. He was in 'Carter's Iwber siliop at the time the fii-st rfiot was fired. After fhe second sQiot 'He weuit out. and saw Lucy Potit- mever. wlvo told Mm she was shot Mc- Chris Ecliert, itilie Third street .bridge over Bel river He knew 'Mclntosh amd saw Mm at police 'headquarters arid aceompamed him to the jail then -notified Melntosh's wife and friends. He told the witness that lie -hakl clone as lie wanted. Judge La'iry was present ar. itlie time of he Intosh was in tlhe sriwtt. Mclntosh J eonv'ersti-Won of Melnrorih and the wit- j to witness tihat lie had killed the s ness and ordered Mclntosh to stop talk- of b ami here's it-he brains on my ing about Whe case. pants.'' Will Potenneyer came out and Frank Kienfly testified that he had shot at Mclntosli Who rpiturned 1he conchioted a saloon on West Market fire. Tlie witness then left, but saw sta-eet in the 'build-ing formerly occu- j Mclntos.li arrest^, p'ierl by Frank Pottmeyer. Mclntosh ! The fross exainiiiaiioTi did not liad bc-cti in th-e witness's place anrl cdiange the evidenee given toy tihe wit- aiiid 'he went) to Pottmeyer's place- to show tlie latter itlm.t wi.ffli his two brobhei-s. could not lick him: that he wound "do them" some day. The wft- BIBSS tori often heard Mclntosh say he and Pottmeyer had a grudge Mm to -throw away fUhe i.'Ocki; with 'agaii-nst -eacfli oth-er and after taking a wlxicli Melatosh intended to tiirow | rtnink in the- witness's saloon. Mclntosh through Pottmeyer's saloon windows. Xext day iMdn>tosh told the witness that he «ime back in the night to lull would go iiigh't over to PoWmeyer's. The -mLtoess on cross examination snlid tihat Mclntosh told lii'm the ness tmt showed the position' of Will Pottmeyw and Mclirtosili while they wore footing at oflch other. ! KtizalKtsi Msir^lwll .testified that she was on West Biwidiway awl that the .*talfl^ on liH?r lot is near flie Pottmey-er •saloon. On the day of the tragedy the , \\-iitness «a.vr Mclnitosh in -the -alley car! ryi-ug a sjlioit guu. Mclntos'li remarked to the wtoass that "there would .be one saloon keeper less," The witness en- Pottmeyer but ifflie latter was out Had ; Pattmeya-s -had thi-eaticiied to whip tered the stable and soon, her attenuion -- - " heard Pottmeyer refuse 'to tate Mcln tosh's money. In cross examination the witness said him. Willia.m G. Lane testified that lie was in Pottmeysr's saloon on the diay alttvacted 'by tflie noise of a gun •sdiot. whioh -exeiited Qi«r. She looked out si.nd saw Melnrtosh standing it-ear •he ihad been in Pottmeyer's sialoon on ' of tlhe shooting- of Poctmeye.r. Several the second door of fhe saloon poinKug various occasions and Sundav. He said that 'Hie trouble oc- .tihe wiitraass iflhere during went there .the time; •about 11 curred' on the seventeenth of last /o'clock. Mclntosh came about aoon and ' tli<» gun. tiato the door. iSonie one said. "John, what do. you mean?" Mclnitos-h repliied "You son of a b-— get back or Mareh in the afternoon. Had. heard Pottmeyer tell others than: he diid not want their trade. The next witness was George Geiger in. bTicklayer. witih John E, Barnes. He knew Frank Pottmeyei- once, tended _ _____ ^ __. _______ He also knew Mclntosli Iwcing bout in the front part of tihe sa- pi'POeeding wiifcrass. was called. He loon. The wiitaess supposed it was all in friendship. Mclntosb told Frank Pottmeyer that he wouM go home and her to -return to her home. When she entered the yard; she saw her brotiher, TVill, -but did not know whether .he shot Mclntosh or not; she heard none of the shots fired after she was hit. In the cross examination it was attempted to i?how that at the time Me- Intosh ^^^^J^^JJ^ j «- a .i times and once called the police, j Wm .thitik he was in 'hell. a conversation was tod.about a watch I will give you a dose too" and fi«id. for .sec-unity for $1.50 that he borrowed ! Ia cross examination Wie witness de- from- Potibmeyer. Pottmeyer told liis serf bed tlie location of tflie high fence bairt-eridior to Ovoid *he watch until tlie and ii«r stable in reference to the sa- money was paid. Then Will Pottm-oy- loon, •er came in and he and Mclntosh had a j George Amfflmr Marshall, son of the .bar for (him. .cu? ^n^o Kutrw ^IVI-ULU^JI | and had often seem Win in Pottmeyer's , place, of business wlieu 'he worked ; there. He often heard Pottrn-eyer tell, Mcl-nftosfli to stay away from'-the saloon as he did not want -Ms money. Pott- mever had ordered iMctntosti out sev- druggd^t and as employed by D. B. Pryor on Broadway. His testimony showed that toe'-was 5n ,tlhe -alley n«ar return with the mooey to pay Mm. Me- h5s -motilier's stable just Uack of Pott(Mien said to Will Pottmeyer meyer's saloon, on. tlie diay of the Port- up meyer. door with n revolver trying to shoot Mclntosh. but Miss Lucy claimed that sihe did not see any weapon in Edward's possession at any time during the affray. After Miss Pottmeyer had testified •court was adjourned, the judge stating that this morning court would convene at S:30 o'clock and continue until 6 o'-dock in the evening. He also announced that a night session would be j held tonight in order to hasten the case j as mueh as possible. The jurors are '• confined and all the witnesses are to ( •be kept on hand all the time, hence the I Official facsimile of Medal Awarded DR. PRICE'S CREAM POWDER Mcln'tioah' called Pottmeyer a -s— of b and wanted to whip Mm. to which Frank replied 'that Mcln'tosh could not wMp any of the Pottmeyer family. The. witness 'heard Mclatos.li tell Pottmeyer, when he was -refused a drink, .that -he would g*t even. Geiger afterwards work<xl for Frank Ivienly. Ia nhe cross esa.mioa'Bion Mr. Jenkin«s tad th-e witness i-say that his brother wais a. ibartender for Pol±mey- er at 'tihe time of Ms den'tSi. Pottmeyer had ordered witness not to sell Mcln- tosh liquor, but the order whs; countermanded" upon Melntosh';? promise not to cause (trouble. George ! M. Webster works, •in. Crismond's stove store on Market street. He knew -both Pottmeyer and Metn- tosh and lives near the saloon. He had held a conversation with Mclntosh ou a Sunday dn May a year aro in the •Marshall barn near *he saloon. Mcln- losh was la tihe alley watching to see if Pottmeyer allowed any one in the saloon. He antemd-ed to ihare Mm slated because he had refused to s«ll Wm a drink. Mr. Jenkins' cross eraminatiOB failed to draw out that any one else was ia tie alley also -watching for on opportunity to (hav« Pottmeyer sliated. thait whe-.n toe returned he would make The witness conttiU'ed has conversation wdtfh Frank meyer shooting. Mclntogh came w.irli a jrun and iretnarked thalt he intended to kill a saloon keeper. The wit- Potrrneyar and in tlie iwanifdme other- ness attempted to d>dhe.r Mclntosth from came in. Fran<k left him and started ra.n-.ving out Ms imie-ntdon. 'Hie \vi.tness toward the -Wick door and very soon went inlto 'tilie shed wlTere he was when heard the sound of a gunshot, and he heard fihe fiiisit shot. He looked out Frank say "My God. I'm shot" The and SAW Mo-Intta* near the saloon and «vl1 the i>olice h«iard tlie Bopp. ihe SSsrth stoeet sa- said tihat fle ihad known Mclntosh for five or sir yesirs. Mcln- tosh ftad made a statement in Bopp's saloon taisat Pottmeyer had abased him witness attempted to call the -jwlice by telephone but could not do so on account of the noi-se. Soon after he heard a second sSbot and 'Ed Pottmeyer came itx> him saying. "Why has he shot me?" Only two sQiots wer'e -heard by the -witness ns -he left the saloon toy the rear entrance fearing Uiat toe would also be a. victim of Me'fotosh's gun. 'Mr. Ma-honey cross examined the witness and it was developed that; the deceased and Mclntosih had been -in the 'back pfirt of the saloon but tihe witness heard none of their conversation h«iard tlie conversation- 'he had with some one an the saloon, and saw him poll rot the gun toward the door. Mr. MarsliaU safid. on ibe.ing cross examined, 'thait he beaird some one go by •the -stable and recognized the man by The voice as Will Pottmeyer. He also stated: tihat he Jneiard- this man say as he passed the stable that "Mclntosh had gone down ttofTe with a gun but th.it he would give him all the arun he wanted. j AFTERNOOX SESSION. ' Evwv session seems to deveiop more -between them while back there. It. interest than fts predecessor and the was also shown that Will Pottmeyer ( crowd awaiting the opening of the followed Mclntosh out into the alley 'doors of fhe <»urt room at 1:30 was but tern-self going to the telephone. larger than before. In order tiiat tiiey after the boxing bout in the saloon, might escape the jam when the doors The -witness dad^not know of any one should be opened, toe baiiiffs admiraet A recess of five minutes was given . all ladies as soon tis they arrived and in order to allow a consultation by the ' thus they were able to procure seats attorneys for the State, Twice during before any of tlie great gathering in the morning time vas also given for; the entrance from tihe rear door were any desMng to leave the court room to [ allowed to enfea-. When Use rear door -was opened by Surface was called and testi- the sheriff it reqnJfred <che strength of fled regarding a- feeling existing be-1 htmself and two deputies- to prevent a • _ _ 4 _ —,. , , _ ._ , Jl *+T*v,-,t.nffn T)*vffwffi!. jvw\n_ I»*»lf flf f^H^VCA rween Mclntosh '.and Pottmeyer supposed to teworiginsted triiile the -witness -was employed as a policemaiiL Hr. Surf ace •baa psiroHed tihe Wesrtside Stampede. Before 1 one-iialf of •waiting bad been admitted the door •was forced ^rat because the 5ea*s nad been fined aod it tras *he order of tie that sflie saw Wall PoPttmeyer go down flie alley witih a revolver in 'has hand after saie 'had heard 'Khe rii'ot flred. Al RiolMint bai'tondeir aft iBaniatt bar. He has lived to Ix>gaasport since 1878. He knew both parties to ttoe fcilUng. On rhe day of tihe shwotEQjg ihe saw Mcln- sli at Market and Gicot sfcreetB. Mc- Initx>sh told Mm thait) he iittemded. to cJ-ean out the Pottmeyer family with tlie loadied gun he eairied. The witness aud Mclntosto on me down Market to B»-\vn streetB «nd -when tJhey -<epair«ted Melmtosh safid "You'll hear me." The witness stopped In Kienly's saloon and heard shots. After the -arrest Mclntosli said "Didn't I tell vou I'd do it?" cross exnmiuflitton lilie -w.iiniess stated, (Mint h ehfld worked in a gamnb- •i-njr house from 1SS1 up to tHie time he went to work -ait the Barnett bar and that lie -Is a brother-dn-'k'nv of John MHIer wlio iiesitafied yestteivlay. Ills first testimony was coTtroTxiTated. Haimjfl,ton txistilied to having known MclH'toisb and the Pofttmesyor amily. Ou Hie day of 'fhe tragedy the .itne. 5 *' went to Pottoeyer's saloon a-bout 9:30 a. m. Mclntbrih came in about 10:30O -anel 1 lie and Prank Pott- held a convenssiifcion in the wine room. Whoa Mclu*os3i and Po-ttmeyer returned from the -wtine ^room .the witness lieaird Pottmej-er tell tlhe bartender fro keep Macintosh's walteti until he paid 51. Mclntosb invited lihe witness and anottoer man to take a drink and asked for three more dri.nto? on the watch. Jjater tie witness sarw younpr Shewmonj come in and tiell Pottmeyer soinettrinjr in a whisper. Pottmeyer. went to ttie telephone and called the police saying that "a man 'is, coming A £im to kill me." Pottmeyeor went to -the door and looked out and said. "Mclntosih is coming and hie a gun," PoWmeyer opened back door and stood about a second- and said "here," when Wie witnes ibeiard thie shot wnich killed Pottmeyer. Witness then, went to tihe front sidev.-door and saw Mcln- tosii standing there with .(iie jjun. Then .tlhe witness turned and «m out ttie back door. pass>ed the !body of Pottmeyer. over the back fence and out on Broadway. Witness saw no weapons on Prank Pottmeyer before or dwlny thf> trouble. In the oross pxaminafiion the wltoeds found several pea-tons- In the saloon and others came and w-ent daring -the morning. After <.-»mKijr out of the wine room Melntosb and Potrmeyer played t;irw frames of pool seetnlnply friendly. Pottmeyer came up to fhe bar wiQi McrntosOi's -watch. Mclntosli wnsspaT- ira'njr w^'th Will Pottmey-er when the witness left for dinner. He returned after dinner and rean- sw-ered the qnestSon alwtrt the IciUtag of Pottmeyer and admitted that he was commonly Icnown as "Shanty" Ham- Hton. Tbe public seneially rememibeiw that th° witness w^as an jmnate of <ae MiAijran City ,peniten'lfery for a year previous to last August. The witness -was re-examined by tti* SState and he gave as his reason that he did not take a drink after going up to th'.' bar, that he did not -wairt 'to drink with Mclntosh «o. -wafcch. tui lie proposed. The further ex«iriine- tion was to reiterate bis staftemeotB la direct esamination. As they were retamlmJr ftsom dinner in c-harge of the biaJHff, *he Jury -went iato the C-onrt park fc> Inspect ,1fcc fau^c cannon lately placed Brere. It Is tbe order of <3ie court that <QK Jttrow be given exercise, hut *Jx>y -will iwt l>e allowed to {separate ooA triu aiwrny* lw accxwnpanJed ^r U»e oonrt b&iBn*.

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