The Archive · 1921

The Arrest

A seaman on board the U. S. 8 S. New Orleans named Fuller told the Court that Caskey came up and told him that a fellow had been shot in the Eldorado. Witness told Caskey that they had better endeavour to find out where this fellow was who shot Hazelton. The couple went as far as the door of the Eldorado where they met one of the Chinese boys. He told them that the man was walking round an old shack near the railroad, Wit-! mess saw the accused and walked over to him, placing a hand upon the man's shoulder. They shook hands, and the sailor cautiously rubbed his hand over Furbush's hip pocket, but could find no pistol! in it. The accused said he had lost his gun.

The sailors asked him to come with them to the Social Cafe for a drink. He was agreeable to this proposal, and witness could not swear that Furbush was then drunk, though he seemed very dazed. The mark on his eye was very conspicuous. Soon afterwards his arrest was made near the railway track.

Mr. Been, for the defence:—You say the prisoner appeared to be in a dazed condition. Did you him do anything with his hand see

Did he appear to have any purpose or aim in mind?—He looked very weary and as if he had done something and was trying to escape.

Mr. Been thereupon objected to, this statement as coming from an inexpert witness, who ought first to give a statement of facts on which to base such a conclusion.

The Tudge.—You asked for his Witness then admitted to counsel that he had only been able to observe Furbush closely for two minutes.

Text read from the printed page and cleaned; old type leaves the occasional error.

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