JOHN TRUCK TRIAL—DRAWING TO A CLOSE

 

New York Supreme Court Judge Albert H. Sewell.

Cortland Semi-Weekly Standard, Friday, March 16, 1900.

DRAWING TO A CLOSE.

TESTIMONY ALL IN THURSDAY AFTERNOON.

Dr. Sefton Unable to Come to Cortland This Week as an Expert for the Defense—In Consequence the Court Limits the Prosecution to Two Expert Witnesses—Dr. Allison of Matteawan and Dr. Hamilton of New York—A Fellow Prisoner Tells of Conversations with Truck and Creates Sensation.

   The evidence in the Truck murder trial was closed at 4:30 o’clock on Thursday afternoon, the seventeenth day of the trial. The prosecution had examined ninety-two witnesses and the defense thirty-two. The last day, Thursday, was largely taken up with the expert testimony of Dr. Allison and Dr. Hamilton for the prosecution. We give to-day the summary of the testimony down to that of these two experts. That will appear in the next issue.

   When court convened this morning Attorney Miller for the defense stated that he had received a telephone message from Dr. Montgomery of Auburn, saying that Dr. Sefton was still too ill to leave his bed and it would be utterly impossible for him to be present in court this week. Mr. Miller said that he did not know exactly what to do. He had thought that he would ask to have attorneys sent to Auburn to take his deposition, but that would be unsatisfactory. The court said he could appreciate the embarrassment of the defense and that a deposition would be unsatisfactory and insufficient. He would give them the opportunity to get the deposition if they thought it material, but perhaps it would not be necessary. If Dr. Sefton was not to testify, he would limit the prosecution to two experts. The prosecution consented to this, though they said they had intended to examine four experts.

 

DR. H. T. DANA.

   Dr. H. T. Dana was the second expert witness for the defense. He testified: I have been since 1872 a practicing physician and surgeon in Cortland. I have a general practice, but I have also made some study of the insane from actual observation and from reading. I have examined the defendant. I first examined him Feb. 12 for about 4 hours. Dr. White, Dr. Sefton and I were the ones present. Mr. Hyatt and Mr. Miller, counsel for defendant, were present at first, but not during the examination. Physical examination first. Found man of apathetic, stolid disposition. Responses to questions slow, not exactly pertinent. Often failed to comprehend questions. Pulse was 120 at first. Tongue had muscular tremor. Muscular development good. Gait heavy and uncertain. Extremities cold. Palms moist. Lack of movements of thumbs. Lack of symmetry of skull, left frontal bone and left malar bone more prominent than right. Other lacks of symmetry were noted. Eyes rotated without turning head. Exaggerated knee reflex. Cutaneous sensibility not satisfactory. Very reluctant to answer questions at first. Later more communicative. Answers often contradictory. Showed animation while talking of machinery. Examined head to see cause of scars. Three scars. One crescent shape, result of deep wound. Adherent to tissues of skull. Two other scars, each about 3/4 inch long.

   Counsel then propounded to witness the first hypothetical question that was asked of Dr. White. Objected to by prosecution. Overruled. Witness thought that defendant was of unsound mind on March 14, 1899, and is now , on the assumptions of hypothetical questions.

   Counsel then propounded the second hypothetical question asked of Dr. White and witness answered that he thought that defendant was on those assumptions not in a mental condition to know the nature and quality of the act which he committed and hat it was wrong.

   Cross examination: We questioned him as to his life and his mind seemed to be the clearest on facts during his years from 11 or 12 up to 20 years. That was before and just succeeding his alleged injuries, as referred to in the hypothetical questions. He could account for himself well up to 1891 or 1892. The witness said that he had heard the cross examination of Dr. White and followed it very closely and that he agreed in all essential features with all his answers to all questions put to him concerning the two hypothetical questions and agreed with deductions made from them, and would be willing to let the answers stand as his own.

   Dr. Dana was permitted to step down at 5:4 5 P. M., having been on the stand for one and three-fourths hours.

   At 5:55 P. M. court adjourned till Tuesday morning at 9:30 o’clock.

   The Truck murder trial suffered another interruption Tuesday morning through the illness of Dr. Sefton, the last expert witness for the defense, and his inability to be present in court. He was not on hand yesterday, but word was telephoned over from Auburn that he would probably be here to-day. In consequence, however, of his continued illness the attorneys on both sides were much embarrassed this morning. The defense regretted his absence and asked permission to call him out of order when he was able to come. The prosecution objected to this because it did not wish to call its lay witnesses in rebuttal of the lay testimony of the defense until after the defense’s expert testimony was all in fearing that it might prejudice the case. The judge appreciated the difficulty but thought the trouble would not prove serious and saw no other way to do than to go on with the rebuttal testimony. The prosecution then agreed to it with the understanding that Dr. Sefton should surely be sworn before the expert testimony of the prosecution was called. This was acceptable to the defense.

   But the further difficulty then arose that expecting Dr. Sefton’s testimony to take all the forenoon the prosecution had not directed its lay witnesses to be present till afternoon. The court then took a recess till 1:30 o’clock.

TUESDAY AFTERNOON.

   A sensation was thrown into the testimony in the Truck murder trial Tuesday afternoon when a reference was made to the wrecking of the night express on the D., L. & W. R. R. at Preble on Dec. 1, 1895. Every one leaned forward in their seats to catch every syllable. The defense endeavored to have the whole matter suppressed and finally stricken from the record, but the motion was denied and the record stands, as it does not appear that it in any way connects the defendant with the transaction. Richard Sevenoaks, then a D., L. & W. railroad detective, testified that Truck told him in the jail on Feb. 20 of this year that his brother-in-law Chapman knew who wrecked that train and that Truck said that Chapman also told him that “he had now got even with the railroad for booting him off a train.” Sevenoaks asked him if he would make that same statement face to face with Chapman and Truck told him he would. Sevenoaks then got Chapman, took him to the jail and Truck did make the statement. Chapman recollected all about the occasion when the alleged conversation occurred, remembered all the circumstances connected with it, but denied absolutely any recollection of that part of the conversation.

   Long before 1:30 o’clock Tuesday afternoon every seat in the courtroom was occupied with the crowd of eager listeners assembled to hear the evidence in the Truck murder trial. On account of the illness and absence of Dr. Sefton of Auburn the expert testimony of the defense was interrupted and the prosecution began swearing its lay witnesses in rebuttal of the testimony of the defense's lay witnesses. About forty of these had been subpoenaed, but it is understood that perhaps not all of them will finally be examined.

SIMEON N. POPLE.

   Simeon N. Pople was sworn for the prosecution and testified: I reside in Otisco and have done so the most of my life. I know Jo h n Truck. He lived with Henry Outt, my neighbor, when I first knew him . He worked for me two or three weeks some seventeen or eighteen years ago. He worked in my saw mill. I talked with him from time to time. His acts, manner, words and appearance impressed me as rational.

HENRY TUFFLEY.

   Henry Tuffley testified: I reside in Otisco. I have known John Truck from eight to ten years. I am a butcher and farmer. I am the supervisor of my town. Truck used to come to my place with the boys while we were slaughtering. I used to see him once or twice a week. He used to do chores for us and hunt eggs for my wife. My wife used to tell me to send John Truck to her if he came there as he was a good one to hunt hen’s nests. He was cheerful and pleasant mostly. Sometimes used bad language as some ignorant boys do. I also saw him frequently at Mr. Outt’s. He was always willing and obliging. Never saw him otherwise. Never saw him in a sad or despondent manner. Don’t recall anything in particular about any stories he ever told. He was from 10 to 12 years old when he used to come to my house. His words and acts always impressed me as rational. He sometimes ate at our house. Have not seen him since those days in Otisco.

JAMES HENDERSON.

   James Henderson testified: I reside at Otisco Center. I have known John Truck for five or six years. Used to know him in my store and postoffice. I was postmaster eighteen years. Truck was from 12 to 16 years old then. Used to see him as often as once a week. Used to talk with him. He used to come to get the mail for all the people in his neighborhood. He never worked for me. His manner at the postoffice was good, and quiet, pleasant and cheerful. Never noticed any change in him from time to time. His acts, manner, conduct, appearance and conversation never struck me as other than rational.

ADDISON ABBOTT.

   Addison Abbott testified: I reside in Otisco and have for more than twenty years. I know John Truck. He used to live at his home and at Mr. Outt’s. Knew him ten or twelve years. He was from 10 to 20 years old at the time. He used to come to our house. Sometimes would see him every day and then might not again for a month. Always was cheerful. Don’t remember ever seeing him other than cheerful. I sold him a horse one November and then bought it back from him along in March. Sold it to him for $25. It was nineteen years ago. Should say Truck was 20 or 22 years old. He lived close by me all that winter. His acts, conduct and conversation impressed me as rational.

   Cross examination—He didn’t pay me for the horse. Didn’t pay any money at all. I took it back to get my pay.

L. D. BURT.

   L. D. Burt testified: I used to reside in Otisco. I knew Truck fifteen or twenty years ago when I lived there. He lived in different places there. Knew him more or less for ten years. Used to see him quite often. Talked with him occasionally. Don’t remember any changes in his conversations. Seemed cheerful. His acts, manner, conduct and conversations impressed me as rational.

PHILIP WEINGARTNER.

   Philip Weingartner testified: I reside in Tully and formerly resided in Preble. Lived there fifteen years with my father and brother. I know John Truck and have for twenty-five years. First knew him in Otisco. I resided there then. He worked for us on farm. Hired out to my father. Was there a month or more. Lived at our house and boarded with us. I saw him every day. Used to see him occasionally afterward. Often talked with him. I am 40 years old. Truck is about my age. Manner was pleasant and cheerful. Did his work well. Didn’t see any change in him from time to time. He worked for us again after we moved to Preble. Probably worked for us as much as two years at intervals during the last twelve years. I remember when John came home from milk depot after being struck by snow plow. He had a little cut on lip. Stayed in house about a week, and was up most of the time. John and my father went to Preble next day. Worked for us a month in summer of 1898. He was a handy man about the place in fixing things. He put in a new wagon pole one time to replace a broken one. Fitted the irons to it. His first wife lived with him at our house. She worked there. He always did the work he was told to do. His conduct, manner, appearance and conversation impressed me as being rational.

   Cross examination—He didn’t work for father the first time as long as he hired out for. Went away without saying anything about it. Came back in a week or two and didn’t go to work again. Next time he worked for father he hired out for a year and went away in about six months. When he came back said he had been off on a visit. Went to work again and worked a month or so. Then disappeared again. Next time came back and hired out for eight months. Stayed six months. This time when he left he said he had got a job down in Cortland. That was the time he got married. That was the only time when he went away that he made any explanation as to where or why he was going. Don’t remember any days when he wouldn’t talk. Don’t remember that it was ever spoken of in our home that John didn’t talk on some days.

   Redirect examination—One time when he had been away a week at his brother-in-law’s in Cardiff he said when he returned that he had had the measles.

H. P. CUMMINGS.

   H. P. Cummings testified: I reside in Preble, have lived there fifty-nine years. I knew John Truck first thirteen years ago. He was working for Mr. Weingartner. I lived a half mile north . His wife came to our house to work and worked there about six weeks. He used to come there to spend nights. Never knew much of him after that till he came to my brother-in-law’s to dig potatoes. Summer of 1898 was the next time I saw him. He was fixing fence. I stopped and spoke with him. We used to visit evenings during the six weeks he came to our house to spend nights. He used to tell some pretty good stories. Don’t remember any of them. We used to have a pan of apples and would usually talk and eat apples. Never noticed any changes in his manner or appearance from day to day. Never noticed anything peculiar about his eyes. He was a good worker. Seemed cheerful. His acts, manner, appearance, and conversation and conduct impressed me as rational.

HERBERT A. CUMMINGS.

   Herbert A. Cummings testified: I reside in Preble and am a son of the previous witness. I know John Truck. I used to see him at our house when his first wife worked there. Used to see him working at Mr. Weingartner’s. Saw him very nearly every night while he used to be coming to our house while his wife worked there. He used to talk. Some of the neighbors used to drop in. He was pleasant, talkative and agreeable when he used to be there. Never noticed any change in him from day to day. Never noticed anything about his eyes that was peculiar. Never saw him when he wouldn’t speak when spoken to. His acts, appearance, conduct and conversation impressed me as being rational.

EZRA WELLS.

   Ezra Wells testified: I reside in Preble and have for twenty years or more. I knew John Truck. He worked for me five years ago digging potatoes. He came when he agreed and worked as agreed. Staying three weeks or so till we got our job done. Some of the time stayed there nights. The neighbors came in and we used to visit when he was there. Truck used to talk. He used to tell stories some. We all did too. He took pride in doing a little more work than the rest, and he did do more too than the rest. Sometimes there were four or five of us working together. I didn’t notice any change about him. Never thought of his head hanging down. Have always thought he had rather peculiar eyes. They used to light up when he talked in an animated way. Never remember him acting gloomy or depressed. His acts, conduct and conversation didn’t impress me at the time in any way.

C. E. CUMMINGS.

   C. E. Cummings testified: I reside in Preble and on the farm adjoining Mr. Weingartner’s. I knew John Truck. Have known him for thirteen years or so. Used to see him at various intervals. Sometimes spent an evening where he was. Became pretty well acquainted with him. He was ready to talk and tell stories. Others told stories too. He was a quick active man. Never noticed any moods in him. The acts, conduct and conversation impressed me as rational.

   Cross examination—I didn’t think much about the matter at the time. His eyes were some more active than eyes of some others are.

RICHARD SEVENOAKS.

   Richard Sevenoaks recalled, testified: In February, 1893, I was notified by the S. B. & N. Y. R. R. that the plow had struck a man at Preble. I went down on the evening train and went over there to Mr. Weingartner’s. Got over there about 8 o’clock. It was a severe night. Mr. Weingarter and John Truck were repairing a harness on the floor. I asked Truck if he had been struck. Said he had. Truck’s wife said he nearly fainted at the tea table. I said he doesn’t look like fainting. I asked Mr. Weingartner what he wanted for the damage to the sleigh. He said $7. I told him I would pay it. I told Truck if he would come with Mr. Weingartner to Preble next day I would give him $15 for his injuries. He said he would be there. They both came next day in a sleigh. Truck was driving. He drove me up to Seth Hobart’s home. The papers were drawn and signed. I paid the money. Truck drove me back to the station, bade me goodby and wished me good luck. His acts and conversation impressed me as rational. I saw him again on Feb. 20, 1900, here in the courthouse and talked with him. Truck said he didn’t know me at first. I told him who I was. Then he said he remembered me. He said they were all trying to blame things on him. I told him I thought he knew something about the Preble wreck. (The wreck referred to by the witness was the smashup of the New York & Philadelphia night express which on the night of Dec. 1, 1895, turned from the main track into a switch just above the Preble station, the switch being locked open, dashed into a line of empty box cars, and struck the corner of the station. The engine turned over on its side. The engineer and fireman were killed. All the train except the sleeper burned up. A storehouse standing near containing 400 barrels of apples also burned. No clue to the miscreants who locked open the switch was ever found. This last statement of the witness was instantly objected to by the defense and the objection was sustained.) We talked about a wreck, continued the witness. Truck said he didn’t do it. He told me his brother-in-law, Chapman, knew who did do it, and that he had told him about it coming down to Cortland on a load of straw that he was drawing to N. H. Winters’ barn. He remembered the month and the year, but could not tell the exact date. He said it was on a Monday in December that Chapman told Truck that there had been a wreck in Preble and that the switch was turned and that two cars had burned up. Truck said he asked him if he knew who did the job and Chapman replied that he did know; that he had now got even with them for booting him off a train. I asked Truck if he would face Chapman and say the same thing to his face that he had told me and he said he would. I got Chapman and took him to the jail and Truck did tell it in Chapman’s presence. Chapman remembered about the straw and their recollections agreed on all matters concerning it except concerning the conversation about the wreck. Chapman denied all recollection about that. Truck said he could tell the exact date of that if he could see N. H. Winters’ books and locate the drawing of that load of straw. Truck was then working Winters’ farm in Preble. (Defendant’s attorney moved to strike out all this evidence and conversation. Denied.) Truck looked at Chapman when he came in. I asked Truck to make a statement to Chapman just as he had stated it to me. He did so. Chapman denied that part of the story. Truck and Chapman talked with each other on that occasion on subjects that I didn’t know anything about. When Truck and I were together alone he looked me straight in the eye and I looked him straight in the eye. He didn’t hang his head. His acts, conversation, conduct and manner impressed me as rational.

  Cross examination—I have been a detective for eighteen years. I am now a railroad policeman appointed by the governor. I am now working for the Lakeside road, have been with them about two months. Formerly for the S. B. & N. Y. R. R. I was not discharged by the S. B. & N. Y. R. R. I was never impeached. I was a policeman in Syracuse for eleven years before becoming a railroad detective.

EDWARD CARTWRIGHT.

   Edward Cartwright testified: I live in Preble. I know John Truck. I live next to the Weingartner farm. I was probably four rods from Truck at Preble when the collision of the plow with his sleigh occurred. I saw him at noon that same day at Weingartner’s house. Went up to see how badly he was hurt. He sat by the stove when I went in. I asked how badly he was hurt and he said he didn’t know, he was hurt some. We talked a little more and I left. Saw him nearly every day for some months after that. Think he went with milk nearly every day after the collision. I worked with Truck for Mr. Weingartner planting corn. We talked some while we were working together. He and his wife came to our house one evening and spent the evening there. I used to go over to Mr. Weingartner’s frequently evenings and saw him there. Saw him again in summer of ‘98 while he was working there. We were both digging potatoes in adjoining fields and we chanced to meet by the fence. He seemed gentlemanly when I saw him. He w as in good spirits, was more or less talkative; never saw him especially silent; never saw his head hanging down; never heard him refuse to answer when asked questions. His acts, manner, conduct and conversations impressed me as rational.

A. T. DICKINSON.

   A. T. Dickinson testified: I reside in Messengerville and have for sixteen years past. I keep the store and postoffice there. I know John Truck. I knew him about one and one-half years in 1895-96. I used to see him frequently at my store. He came there for groceries and provisions. He bought phosphate there once. I used to talk with him while he was there. I owned land adjoining the Winters’ farm where he lived. He worked it for me. He told me first that he would like to put in some buckwheat for me. I told him I wanted my land well worked. He said he wanted to work land well. He thought fertilizer was beneficial to buckwheat. He said he wanted some and he would pay for half. He harvested the crop just as agreed. He was always cheerful in my presence. Talked freely. Never noticed any change in his manner or appearance. His acts, manner, conversation and conduct as detailed impressed me as rational.

ELMER ARNOLD.

   Elmer Arnold testified: I used to reside in Preble, and did in 1893-94. I know John Truck. He worked for Mr. Weingartner then. I lived on the second farm from there. I used to see Truck from time to time there. We all used to take turns in taking the milk of the neighborhood to the milk station. Truck has come to my house for the milk. I worked on the road with him for one day, shoveling snow. I saw him on his return from the milk station after being struck by the snow plow. Saw blood on his mustache. I asked him how badly he was hurt and he said he didn’t know. I never noticed any changes in his manner or appearance. His acts, appearance, manner, conduct and conversations on the occasions detailed impressed me as being rational.

SMITH S. WRIGHT.

   Smith S. Wright testified: I reside in Preble. I know John Truck. First saw him at Weingartner’s after the snow plow smash up. I used to see him pass the house after that. We always bowed. Went to Weingartner’s to see Truck after the smash. He was sitting up by the stove at the time I asked him how badly he was hurt. He said he didn’t know. His acts and conversation impressed me as rational. I never thought of his being anything but as rational as I was.

JAMES CUMMINGS.

   James Cummings testified: I reside in Preble. I know John Truck. Have known him fourteen years. Mr. Weingartner sent him up to help me draw oats the first time I ever saw him. We were changing works. He was probably there two days. Don’t remember any conversations of the time. Next saw him in 1894. Had a ditch to dig. Think I helped Mr. Wells dig potatoes. Saw Truck there. He wanted the job of digging the ditch. I told him he could do it if another party with whom I had talked did not do it. The other party did dig the ditch, so Truck didn’t. My ditch ran across Mr. Wells’ potato field. I was there frequently while they were digging the ditch and Mr. Wells’ men were digging the potatoes. Saw Truck there often. Truck seemed talkative; was a good worker, was pleasant and cheerful. Never noticed any changes in his manner. His acts, appearance and conversation impressed me as being rational.

NELSON GAY.

   Nelson Gay testified: I reside in Blodgett Mills. Over twenty years ago I resided in Otisco. Truck and I were boys together. He worked for my father for two or three months. He lived in our family. He helped us in harvesting and afterward went away on my father’s machine threshing. Truck was then 18 to 20 years old. He always seemed alike. Was full of fun, laughing, joking and entertaining. His actions, manner and conversations impressed me as rational.

DAY E. WOODWARD.

   Day E. Woodward testified: I reside in East River. I used to live in Preble. I know John Truck. He worked for me a few days on the Horace Hiscock farm, where I lived for seven years. Adelbert Barber came there to cut ensilage while Truck worked for me. I have no recollection of ever discharging him. His work was properly done in a good and faithful way. He was cheerful. His acts, conversation and manner impressed me as rational.

   Cross examination—As near as I can recollect Truck stayed till the silo was filled and the work that I needed him for was completed.

C. M. ARMSTRONG.

   C. M. Armstrong testified: I reside in Homer west of the center of the village. It is one of the Hannum farms. Have lived there eight years. I have known John Truck for eight years. Have seen and talked with him a great many times. He has worked for me some. He has run engine while I have been filling my silo. I hired the engine of Mr. Fassett and Mr.  Fassett sent the engine with John Truck to run it. I had nothing to do with the hiring of the engineer. This was the case twice. Truck ran the engine. He didn’t do anything but attend to the engine while there. He seemed to do it well. He never had any trouble. I live within fifty rods of his home. It usually took from six to seven days to fill my silo. Truck took dinner at our house during these times. He always seemed cheerful, told stories; others told them too. He worked for me about two weeks in May, 1898. Planted potatoes. He dragged some afterward with a young team I had that wasn’t much accustomed to work. He worked a day or two in August and again about as long in November. I have met him again and again, living so near each other as we did. I think I never met him but what I spoke to him and he always spoke to me. He always seemed talkative and cheerful I never noticed any changes in him from one time to another. It may be that Truck ran the engine only one time at my place. I hired the engine twice of Mr. Fassett, but I am not really positive that Truck ran it but once. He has a queer eye. It is bright and he seems to have the power to look every way without moving his head. When he talks his eyes brighten and snap and roll more than when you just meet him. He talks earnestly. His appearance, manner, conversation, and conduct impressed me at the time as being rational.

   Cross examination—There were times when perhaps he seemed less cheerful than at others. I never thought at that time whether he was rational or irrational. In February, 1899, he was up to my house and wanted I should let him have some straw. He had some refuse from the barn that he wanted I should take for the straw. He told me stories that day. Told me he had always paid people and didn’t owe any body. Told me stories about his own people that I don’t care to say anything about. He seemed to get very talkative. That is the only time that he seemed to me in any way peculiar. He seemed the same as before only he talked faster and his eyes flashed more. I didn’t form any conclusion as to his acts that day. I didn’t think they was irrational, I thought they were rational acts then, but I don’t know now as they were. I think now that they were rational, as I think back upon them. I mean what I said. He struck me as peculiar, but I wouldn’t want to say now whether he was rational or irrational. All the other things I have told about didn’t strike me as being anything other than rational. The act of that day left an impression that I have thought of since.

   At 6 P. M. court adjourned till 9:30 Wednesday morning.

WEDNESDAY MORNING.

   C. M. Armstrong was recalled to the stand for the prosecution and testified: Truck came to my house about 11 o’clock one day in February, 1899. I asked him in. He sat down by door. He said he came up to see if I wouldn’t let him have a load of straw. Said he had a pile of refuse from barn and if I would let him have the straw I could have the refuse now there and what was made from the straw. He told me he always did as he agreed. He said his father-in-law had been trying to get a pension, and the reason he couldn’t get it was that he had sold his discharge. Thought he could get it again for a small sum. He was very much excited. He was looking about the room continually. I finally began to feel nervous. My family called me to dinner. He didn’t go. Finally the others went to eating. I told Truck my dinner was ready, and I would bring him the straw. But he didn’t go. He kept looking about and kept staying after the business was done.

   Re-cross examination—He went from one subject to another. I frequently made remarks which might lead him to go, but he didn’t go. When the occurrence in Virgil occurred I thought of this day.

WILLIAM EASTON.

   William Easton testified: I reside in Homer, am a laborer. Have known John Truck for ten years. Have worked with him for five months at the hay barn in 1892 for Mr. Wolfe. He was a good worker and was always cheerful. Never noticed any changes in his manner. His manner, action, appearance and conversation impressed me as rational.

L. W. PORTER.

   L. W. Porter testified: I reside in Homer. I am the street commissioner, and have been for ten or twelve years. I have known John Truck for five or six years. First time I saw him he was digging a cesspool for Mr. Fassett. He had done a good day’s work previous day. Mr. Fassett was pleased and Truck was proud of it. I had contract to make a cut and grade street in Homer for extension of tracks of electric road. Truck applied to me for work. I engaged him, and he worked till job was completed. He afterward worked for Traction company in laying track. I got the job for him. He was an active man, good worker, cheerful. Didn’t see any changes in his manner from day to day. His acts, conduct and conversation impressed me as rational.

ORLANDO WILLIS.

   Orlando Willis testified: I reside in Hoxieville; am a laborer. Used to live in Virgil, and formerly in Vesper, town of Tully. I have known John Truck more or less for eighteen years. He was hired to go with a threshing machine that my employer owned. We were both to go with machine to do similar work. We worked together through a season of six or seven weeks. Was with him at meal time and nights during those weeks. Had many conversations with him. Next knew Truck in Cortland. He was working for John Long and I for Mr. Esty across the street. This was all of one winter, either eleven, or twelve years ago. Often visited with him during this winter. Next time I saw him Truck was working N. H. Winters’ farm in Virgil, three or four years ago. He was a clever, good natured man to work with, always pleasant, good worker. Never noticed changes in him. His acts and conversations impressed me as rational.

CHARLES L. LEONARD.

   Charles L. Leonard testified: I live in Cortland and have for seventeen years. I am a mason and plasterer. I know John Truck. Have known him since 1885. He was working for Mr. Esty drawing stone from quarry when I first knew him. I was then working on W. S. Copeland’s house; afterward on Schermerhorn-st. and Owego-st. schools. He threw stone to me. Used to see him five or six times a day as he came with stone. Three years ago he drew stone to Wickwire mill where I was doing stonework. Two years ago he was moving a long henhouse for Mr. W. F. Clark on North Church-st. I was building wall on Mr. Peck's house next adjoining. He was working for Mr. [Butner]. The henhouse was 75 ft. long. He did his work well, was cheerful and talkative. Never noticed changes in appearance. Never saw him when he wouldn’t speak to people. His acts, manner and conversations impressed me as rational.

LORENZO ALLEN.

   Lorenzo Allen testified: I have lived in Preble for a number of years. I run a mill. I know John Truck. He worked for Weingartner when I first knew him. I went with Mr. Sevenoaks to Weingartner’s to settle with Truck after the plow collision. Helped press hay one day at Mr. Van Buskirk’s where Truck was working. He did most any kind of work there. Think he ran engine part of day. Saw him more or less at milk station in 1893. When Sevenoaks and I went to Weingartner’s Truck was up and dressed. Said he felt a little sore. Always seemed cheerful, active, pleasant; always spoke when spoken to. Didn’t notice any change in him from day to day. His manner, conversation, conduct and actions impressed me as rational.

SETH HOBART.

   Seth Hobart recalled, testified: I saw Truck at my office when he came there with Sevenoaks on the day after the collision with the plow. Never saw him before or after to any amount. Did not talk much that day. I filled out the papers and took his acknowledgment. His acts, conversation and conduct then impressed me as rational.

   Cross examination—I didn’t think much about it there and then. I didn’t think of anything irrational about it. My mind was that he settled for a pretty small sum.

   Re-direct examination—I didn’t know how seriously he was hurt or whether he was to blame or not, or whether or not he had any real cause of action against the railroad company.

LEWIS REIHLMAN.

   Lewis Reihlman testified: I reside in town of Lafayette in Christian Hollow. Truck was arrested at my house in my presence. Sheriff came there at about 11 o’clock. Truck was then at Barrett’s. He was sent for. Truck came to my house to rent a house. I told him to come Saturday and I would tell him. The sheriff came and I sent for Truck and told him to come and he could have the house. Truck came over at about 11:30. I had offered him a house for $35 for the year. Truck told me he could pay the rent for the entire year then if I wanted it. I used to know Truck when he lived in Otisco as a boy. I am 39 years old. Should think Truck was 4 or 5 years older than I. I used to work with Truck a good deal off and on as a young man. He was a good worker.  Some days he had blue spells and wouldn’t say much. These were not sufficiently marked to make me think much of them. He looked the best, the day he was arrested, that I ever saw him. He seemed to be feeling good that day. His acts, appearance, conduct and conversation impressed me as rational.

WILLIAM BELL.

   William Bell testified: I reside in Cortland. I used to work Mr. Kellogg’s farm west of the village. John Truck came there one day three years ago last September. N. H. Winters sent him there with his engine to cut ensilage to fill my silo. Truck ran the engine, and did nothing else that day. I talked with him more or less. Was working there less than a day. He seemed cheerful and attended to business. Did his work well. His acts and conversation impressed me as rational.

JOHN OSBECK.

   John Osbeck testified: I live in Cortland. I am a farmer. Used to live on gulf road west of Cortland for four years. I remember John Truck coming there four or five years ago with N. H. Winters’ engine to run my ensilage cutter to fill my silo. He filled his engine with water the night he came and stayed all night. Set engine and run it next day and finished job. Had no special conversation the night he came. He went to bed early and got up early and he had his engine ready when we were ready to start. He was cheerful and obeyed directions. Was a good worker. His acts, conduct and conversation impressed me as rational.

WILLIAM ACKLES.

   William Ackles testified: I reside in Homer and have for twelve years past. I am delivering coal. I know John Truck and have since 1892. First knew him at Mr. Wolfe’s hay barn. He was working in barn on the press and I was driving Mr. Wolfe’s team drawing hay. Saw him frequently all that winter while we both worked there. Next year Mr. Fassett came there and we both worked for him.  Truck worked at putting in new engine and boiler. I was taking in produce. He worked afterward on ensilage cutter; and also about barn doing a general work, taking in produce, rejecting poor stock, dressing car before shipment. We two together worked on Mr. Fassett’s  ensilage cutter among the farmers from place to place. He ran the engine. I can’t run it much, can keep steam up and water if it was all right, but I don’t know much about an engine. He was the engineer. We were probably out together for two weeks in one season. This I think was in 1894. He was a good man to work with, willing to do his part. He was cheerful, and never noticed any change in him. Never saw him in a mood where he wouldn’t speak to me or any one else. His appearance, conversation, conduct and manner impressed me as rational.

WILLIAM STEWART.

   William Stewart testified: I reside in Homer; am a laborer. Have worked at hay barn for Mr. Fassett. Knew John Truck. He was working at hay barn when I came there. Saw considerable of him while we were there. He was doing all kinds of work about the barn. Dressing a car is in the trade. It consists of getting some of the best stock on top and covering up some of the poorer stock. I hired an ensilage cutting outfit of Mr. Fassett the fall before he was arrested and I hired Truck. He could run the engine. We were out about ten days. He was a handy man; good fellow to work with; most always in good spirits; always obeyed orders; spoke when spoken to. His acts, conduct, manner and conversation impressed me as being rational.

   Cross examination—I have noticed that he talked more some times than others. I thought he was putting it on pretty thick when he told some of his stories. Have noticed days when he talked very little. Never thought of him as nervous or excitable.

WILLIAM BLANEY.

   William Blaney testified: I reside in Homer and have for forty years. I am a meat cutter. I know John Truck and have for six or seven years. He worked for me on the ice on a pond cutting ice for cooling purposes. I used to sell him meat occasionally. Sometimes he had money to pay for it; sometimes, said he would like to get trusted till Saturday night. He always paid when agreed. Counted his change all right. He did his work as directed. Was always cheerful. Never paid much attention to him. Always seemed the same to me; spoke when spoken to. His acts, appearance, manner and conduct impressed me as being rational.

BURDETT TOPPING.

   Burdett Topping testified: I reside in Homer. I am a drayman. Used to be a farmer. Know John Truck. Used to see him in Mr. Hall’s brickyard. Worked near him for three weeks. It was noisy there and we couldn’t talk much. His acts and conduct impressed me as rational. Worked within 4 feet of him all this time.

C. E. LAWSON.

   C. E. Lawson testified: I have resided in Homer for ten years. Am a carpenter. I know John Truck. First knew him in 1892 in the hay barn. I was working there on a job. Was there two or three days. He was pressing hay and was busy. Didn’t notice him much. Have seen him a few times since.

CARL MOLINEUX.

   Carl Molineux testified: I reside in Homer. I used to know Truck a little at the hay barn in 1892-93. He helped run the press for pressing cut hay, was keeping the records, helping wire, tagging, etc. I was running the hay cutter a couple of rods away from where he was at work. Seemed cheerful and good-natured. Never saw him out of patience in my life. Was a good worker, obedient. Saw no changes in him. His acts, manner, conversation and conduct impressed me as rational.

IRA FOX.

   Ira Fox testified: I reside in Homer. Am a laborer. Knew John Truck and have since 1893. Lived about 40 feet from my home for about a year. Have seen him two or three times a day. Always spoke when I met him. Seemed pleasant, good-natured. Saw no changes in him. Have seen him at different times since. His acts, conduct, appearance and conversation impressed me as rational.

   At 12:15 court recessed till 2 P. M.

WEDNESDAY AFTERNOON.

   William Taylor was the first witness of the afternoon called by the prosecution in rebuttal. He testified: I reside in Homer. I know John Truck. First saw him nine years ago. I saw him every day for about two months. I was running the engine and he worked near me on the press. He kept records of hay pressed, and wired some and did other work. Have only seen him once since that time. He was a good worker; active; seemed to be in good spirits; always spoke to me when spoken to. His actions, conversation and manners impressed me as rational.

WILLIAM KIRK.

   William Kirk testified: I live in Homer and have for years. I once worked at hay barn for Mr. Fassett. I know John Truck. First saw him at hay barn some years ago. He worked there about all that winter with me. He ran engine, fed cutter, took in produce, kept records of weights, marked bales, etc. He was a good worker, cheerful, jovial, active, noticed no change in him from day to day. His acts, conversations, conduct and manner impressed me as rational.

HENRY TOWER.

   Henry Tower testified: I reside in Homer; am a blacksmith. I have known John Truck for about eight years. I lived third house from him for a year. Had no business relations with him. He used to pass my house frequently after that. He always spoke to me. He came to my house occasionally with his wife. I never used to go to his house. Just before his arrest I went to his house on March 13, 1899, to tell him that I had hired the house that he lived in and that the owner said he wanted him to get out. He said he would get out as soon as he could get a horse. He was going to Virgil that afternoon to get a horse and then he could move at any time. He always seemed to be cheerful, pleasant, active and energetic. Never noticed any change in him. His acts, manner and conversation impressed me as rational.

DR. J. C. STEVENS.

   Dr. J. C. Stevens testified: I reside in Cortland and have been since 1895, a practicing veterinary surgeon. I lived for a time with my uncle, George Stevens. I first knew Truck in 1889 when he was working for my uncle. I was there all the time. We slept on opposite sides of the same hall. Doors were open all night. I had to get up at five in the morning. I worked in the village then. John was an early riser and he always got up at same time. Never heard any noise from his room, we were there every night without an exception. In 1890 he was there and I was working on the farm that summer. We were threshing just after he was married. It was September. Truck did the stacking of straw. I helped him. I couldn’t build a stack, but he did and built a good stack. John was quite a mechanic. When John came there he brought a forge. He did almost any kind of repairing needed on the farm. He shod a horse there once. He was an exceedingly good worker. Did freely whatever directed to do. Never kicked about anything. Was cheerful. Have had some dealing with him. In 1896 I was called to the N. H. Winters farm where Truck was to attend a sick horse. I went over and treated the horse. I sat down by fire in the house while waiting to give further treatment. He asked his wife to go down cellar to get a pan of apples as “Jimmie was fond of apples.” She did so and brought up some fine greenings, wiped them off with a cloth and I ate some. Saw him again in 1897. He stopped me on street about a horse that was ailing. He was always cheerful and friendly. I noticed no changes in him. Never noticed any special movements of his eyes or head. His acts, appearances, manner and conversation impressed me as rational. I was 20 years old in 1890.

JOSEPH COLE.

   Joseph Cole testified: I reside in Marathon. I am street commissioner and teamster. I have known John Truck since August, 1896. I employed him to run a threshing machine. I hired machine of N. H. Winters and Burdell Winters to run on shares. I told him I would give him one-fourth of my share, or $1 per day just as he preferred. He didn’t decide first, but finally concluded to take $1 per day. We threshed all that fall. Were out three and one-half months. I was with him all the time except a few days. Guilfoos was there all but about two weeks. He was working for me for wages. John fed machine most of time and I ran engine. When I used to go away to look up jobs or for any other reason I left the work in Truck’s charge and he ran the engine. He usually fed when I was there as he was a better feeder than the other man. When other got tired of carrying grain Truck would spell him and keep tally and I settled for threshing on the basis of his tally. Truck worked all the time, did everything I asked him to do. Was good-natured and ready to do anything. Was always cheerful. Noticed no changes in him. Don’t know of any time when Truck wanted to repair machine and it didn’t need it. Don’t know of any time when we had to stop his attempts at repairs. We used to have to repair separator at times and Truck helped. Don't know of any days when he worked better than others. His acts, conversation, manner and conduct impressed me as rational.

B. H. WHEELER.

   B. H. Wheeler testified: I reside in Cortland. I knew John Truck. I know where Mr. Morehouse lives on our street. I last saw Truck during the week before he was arrested. He came to my place, and wanted to buy a horse. He talked a few minutes and told what he wanted. He was not excited, did not appear nervous. Said he wanted a good horse. Did not roll eyes, or throw or shake head. Stood quietly while talking. Went from my place to Mr. Morehouse’s. His acts, conduct, conversation and manner impressed me as rational.

MRS. GEORGE STEVENS.

   Mrs. George Stevens, recalled, testified: I live on the Stevens farm a mile east of Port Watson bridge. I know John Truck. He came to our house Sept. 3, 1888, to hire out, and he worked in quarry, cut corn, dug ditch, drew stone to screen factory, built a shed in quarry, drew potatoes to ship at station and general farm work till Dec. 3 of that year. Lived at our house. Obeyed his directions. Worked his time out. Feb. 4, 1889, began work again . Stayed till Sept. 3, 1889. Worked his time out. Did general farm work. Lived at the house. In 1890 he worked there again. Began Sept. 8, and worked till Nov. 2. Worked his time out. Worked for us again in 1897, beginning May 3 and continuing till Dec. 13. Nov. 26 was the last day’s work previously engaged for. He worked beyond the time engaged for. Went away with potatoes or calves for shipment, always brought back record of weights. Used to repair anything broken about the place. Mended a broken link to chain once. Was always cheerful, willing and a quick worker, always good-natured. Never noticed any changes in his manner, appearance or conduct. Never spoke to him that he wouldn’t reply. Never saw his head hanging down. His acts, conversations, manner and conduct impressed me as rational.

JOHN HUBBARD.

   John Hubbard testified: I reside at Blodgett Mills, I keep the store and have been postmaster. I know John Truck. He used to come to my store to do trading when he worked the Winters’ farm. Lived in a house of mine for five or six months. First rented it of me. Then he wanted to buy the place. We arranged terms. He was to pay $5 per month till April 1 and then $10 per month till paid for. He was to pay $600 for it. He carried out the bargain for a time. He was then working for George Stevens. This was in December, 1897, or January, 1898, or thereabouts. He made two payments on purchase price of house. Never noticed any changes in him. Don’t know that I ever spoke to him when he didn’t speak to me. I sometimes trusted him for articles in the store and he always paid as agreed. His acts, conversation, conduct and manner impressed me as rational.

   Cross examination—I didn’t think much about rational or irrational at the time. Said nothing to me about breaking his house deal. First I knew he was gone.

JAMES IRVING HOMER.

   James Irving Homer recalled, testified: I knew John Truck when he lived in our vicinity. He used to come up to my house after produce. Used to come there after tools that belonged to Mr. Lowe. Mr. Lowe owned part of both the farm Truck lived on and the one I lived on. Mr. Lowe directed me to let Truck have the tools if he came for them if I was not using them. I drilled in some grain for Truck once. He was always friendly, cheerful, active, a good worker. Never saw any changes in him. He always used to speak when we met. When I saw him on March 14, 1899, he was agreeable. Didn’t notice any change in him that day from the former time when I knew him. His acts, conversation, conduct and appearance impressed me as rational.

SILAS B. LOWE.

   Silas B. Lowe recalled, testified: I knew John Truck when he lived on the Winters’ farm. I used to meet him occasionally. I was never at his house and he never at mine. His manner was pleasant so far as I saw him. Noticed no change in him. Seemed pleasant and talkative on March 14, ‘99. Never saw him with bead down. His acts, conversation and manner impressed me as rational.

CYRUS HOMER.

   Cyrus Homer testified: I reside in Virgil, am a brother of Irving Homer. I knew John Truck when he lived on the Winters’ place. Used to meet him occasionally. Sometimes we stopped and talked. Always seemed friendly and neighborly. Noticed no change in him from one time to another. On the day of the fire I saw him in my woods while my brother and Silas Lowe were at work. They were cutting wood for me, and I was drawing it out. When I went in for a load Truck sat on a stump. We all talked together in a friendly manner. I was perhaps there half or three quarters of an hour. Truck went away before I did. He asked about Blose’s horses and said he would go over there and see if he could buy one. He seemed cheerful and friendly that day. His acts, conversation, manner and conduct impressed me as rational.

WILLIAM BLOOMER.

   William Bloomer testified: I knew John Truck when he lived on the Winters’ place. I used to work at John Patten’s near to Truck’s. Used to see him occasionally and talk with him. Used to meet him in the road often. He always spoke to me when we met except once. That was the day before the fire when I met him in the road above Darius Allen’s and he didn’t look up. His acts, manner and conversation impressed me as rational.

EDWARD BLOOMER.

   Edward Bloomer recalled, testified: I knew John Truck when he lived in our vicinity. Worked with him some on the Burdell Winters’ farm . I never went to his home and he never came to mine. Used to meet him occasionally. Acted cheerful. Never noticed any change in his manner. His acts, conversations, manner and conduct impressed me as rational.

DARIUS ALLEN.

   Darius Allen recalled, testified: I knew John Truck when he lived in Virgil. Sometimes he used to pass our house and stop and talk. Used to come to our house occasionally to religious meetings. He took part in the meetings. Never noticed any change in him. Always seemed cheerful. March 13, he came to our house. Seemed to be free to talk. Didn’t notice that he rolled his eyes or threw his head. Eyes did not look glassy. Seemed to hear all said to him. Didn’t refuse to answer any questions. His acts, conversation, appearance and conduct on all these occasions impressed me as rational.

WILLIAM WITTY.

   William Witty recalled, testified: I knew John Truck when he lived on the Winters’ farm. He worked for me several times. I worked with him. Helped me build wire fence for several days at a time. He got out some wood for me at another time. He used to pass my house frequently. Performed his work well for me. Never noticed his head hanging down, not observing things going on around him. He was cheerful. His acts, conversation and manner impressed me as rational.

ERNEST LANDPHER.

   Ernest Landpher recalled, testified: I knew John Truck when he lived in our vicinity. I used to see him about every day. He used to come to our house frequently. Used to come there for water. There was no water on the Dickinson farm which he worked one season. Stayed at our house till 10 o’clock one night. Never met him when he didn’t speak to me. His acts, appearance, manner and conversation impressed me as rational.

MRS. GEORGE STEVENS.

   Mrs. George Stevens recalled, said: When Truck worked for us we paid him $18 per month and board. That was good wages.

   At this point court recessed till Thursday morning at 9 o’clock.

WILLIAM BLOOMER.

   William Bloomer recalled, testified: I lived with John Patten at different times for five or six years past; stayed there nights and had room there. Mr. Patten was usually accustomed to go to bed at about 8:30 or 9 o’clock, especially in the winter season. I worked for Ernest Landpher for about nine months. Lived at his house. (This testimony was objected to by the defense as immaterial and as tending to open the original case. The objection was sustained and the testimony ordered stricken from the record.)

ARTHUR E. BRAINARD.

   Arthur E. Brainard testified: I was the sheriff of Cortland county at the time of Truck’s arrest and have been since. I have had his custody. He has been confined in the jail since arrest. I have seen him nearly every day, usually three times a day. Have taken his meals to him. For the first week or two he used to read novels and magazines, also Sunday papers sometimes. He sent by his wife to bring a couple of books coming from Volunteers in Homer. He had a novel in his hand when he asked her to bring the books; had his finger then in a book to mark place; told his wife he thought in a chapter or two the fellow would marry the girl. About the time the letters were sent out he told me he could neither read nor write. This was about the time the grand jury was in session that indicted him. On a number of occasions since he has told me that he could neither read nor write. I never asked him to write. He always…when I go in there. I am never…a minute or two, five minutes [at one time]. His conduct has been good. He acted a little nervous when his case was set down for Nov. 8, for a week before that date. After it was put over he acted again as before. He plays cribbage a great deal; plays pedro. When the two experts were here, Dr. White and Dr. Sefton, I brought him up to grand jury room. He was up there from 10 o’clock to noon. Then taken back to jail. He told me those people couldn’t work him. They were trying to hang upon him all the crimes that had been committed in the country. He didn’t think it was fair. He asked me to get for him the date of the Preble wreck. He said it was in 1895, but he couldn’t tell when. I afterward gave him the date. He told me about loading a load of straw in Virgil and Chapman helped him. Chapman told him a train had been ditched and had burned up a house. He wanted me to get him tobacco. He said get me a package of Robbins’ Clippings or a plug of Battle Ax. Last asked for it on Monday morning of this week. Truck is foreman of his ward in jail. Has been foreman for six or seven months. Duties are to see that others sweep, mop, keep it clean, and beds in good condition. The ward under his direction will pass inspection any day. I asked him once where his first wife was. That was a good while ago. He told me that her maiden name was Mary Adler. He told me of three different names she had gone by since she had left him. He told me how many times he had been to the penitentiary. I saw him after I had been sworn as a witness on this trial. He said he really ought to whip me. He said my statements were not right. I told him I had told them right and the only thing I couldn’t remember was the name of the man from whom he got the butter up Cold Brook. I said “John, what was his name?” He replied, “Well, if you can’t remember, I shan’t tell you.” I never noticed anything unusual about his eyes till within two or three days. Now he rolls his eyes more than formerly. He has begun that since the testimony along that line has been given in his behalf. His acts, manner, appearance, conduct and conversation as detailed by me impressed me as rational.

   Cross examination—I am interested in this case and have assisted the district attorney from first to last. I never noticed the rolling of his eyes till this trial had begun and testimony concerning that had been given.

WILLIAM TOMPKINS.

   William Tompkins was sworn and testified: I am now a prisoner confined in the county jail of this county under indictment on the charge of assault for striking a man. I was indicted last September and have been confined here since Sept. 21. I shall he 32 years old in June. I know John Truck; have known him both before and after being confined. First knew him seven years ago. Have seen him from time to time since. I used to draw hay to Mr. Fassett’s hay barn while he worked there. Have become pretty well acquainted with him since. Slept in next cell. Individual cells are not locked up one from the other. Have had frequent conversations with him every day since Sept. 21. Have talked with him about this trial every day since the trial began. Mr. Hyatt is my attorney in my case. I have written notes to Mr. Hyatt since this trial began and have sent them by Sheriff Brainard and Mr. Truck. Sent two by Mr. Truck; the last one was yesterday morning. I afterward asked Truck if he delivered them. He replied that he did the first thing. Talked with Truck this week with reference to having been examined by a doctor from Matteawan. It was Tuesday. He told me the doctor asked him who brought him up. He said he told him he didn’t know. He said the doctor asked him how many there were in the jail, said he didn’t know. Said doctor asked him to stand up and show his tongue. He did so. The doctor asked him to stand up on one foot. He told him he couldn’t. He asked him if he knew whether he had on boots or shoes. He said he didn’t know. He asked him if he knew whether he was a man or a woman. He told him he didn’t know. He asked him to hold his breath. He told him he didn’t know how. I asked him where he was taken for this examination and he said to a room on the right side of the hall as he came up from the jail. He said it was a well furnished room. He told me he was examined again by a doctor yesterday and he told the doctor to let him alone, he didn’t want to talk with him. He told me last night who was sworn in court yesterday. He mentioned Mrs. George Stevens and told what she said. Said Irving Homer of Virgil was another witness sworn; said Miller's brother-in-law was another one; said Dr. Stevens, a horse doctor in Cortland, was another one sworn; said Mr. Blaney of Homer was another one sworn. Told me something of what each one of them swore to. All said he was rational. Told me that one day he was brought up to courtroom and didn’t stay long. After he got back said there was a doctor from Auburn that had been expected and had not come; said a doctor from Binghamton named White had been sworn and had said that he was so irrational as to be insane. Said Dr. Dana of Cortland was also sworn and had told practically the same thing. On different days since the trial began he has told me at night what had been done here. He told me some time ago that his defense on this trial was to be insanity. He told me before the trial began that he thought they would make him cut insane. He has played cards in jail and I have played with him. He plays a good game of cribbage. Has played it within a week or so. Has not played since Tuesday night. Played King Pedro then. Told me last night some witness (I don’t remember the name he gave me) told him he worked with him in a brick yard in Homer. He told me he had worked in the brick yard, but he had never done the particular work that man said he did.

   Cross examination: I have not since yesterday talked with any one representing the prosecution as to what I would swear to as to Truck’s conversation last night. I was never promised that if I would swear here the indictment against me would not be moved. I have not conversed with the district attorney over three or four times in reference to this trial. Will have slept next Truck for six months the 21st of this month. Truck sleeps well. I don’t see any difference in the way he sleeps since the trial began. Truck told me Dr. White and Dr Dana swore he was irrational. He told me that all the witnesses yesterday said he was rational.

   Re-direct examination by Mr. Kellogg: I had a talk with the district attorney and yourself (Mr. Kellogg) at about 6:30 last night in the grand-jury room. After I saw you yesterday I had the talk with Truck. I have only seen Mr. Duffey twice since the case began. One time was Tuesday and the other was last night. You were present on both occasions. Other times I saw Mr. Duffey was before this trial begun. I sent for him at that time. All I know about Truck’s sleeping well nights is that I don’t hear him making any noise.

   (During the examination and cross examination of this witness the face of Truck took on a deeper and deeper color till it was a pronounced crimson.)

   Just after the testimony of Dr. Allison began this morning, A. Hewitt, a spectator sitting near the rear of the courtroom had an epileptic fit and began to shout at the top of his lungs He stiffened out and a half dozen men carried him out and down stairs. There was a sensation in the courtroom, but the officers commanded every one to keep his seat. Dr. Reese by request followed the man out and he soon came to consciousness. The sheriff sent him with his team up to his home at 13 Wheeler-ave.