The Union & Advertiser
February 22, 1896

Defense of Egbert CHATFIELD
The Taking of Testimony Continued Today
The People Made a Sensation in Cross-Examination of One of the Witnesses

Mrs. WALTERS on the Stand - Caleb OAKLEY Tells His Story - Others Give Interesting Evidence

     The taking of testimony in the CHATFIELD murder trial took up this morning's session of the trial term and the trial will be continued on Monday.  The case is not expected to go to the jury before Tuesday or Wednesday.  In the attendance it is noticeable that the fair sex is almost filling the spectators seats.
      As the theory of self-defense is offered it was supposed that Egbert H. CHATFIELD, the defendant, might be put upon the stand some time today, and this increased the interest in today's proceedings and the court room was well filled, although Sheriff HANNAN's deputies allowed only a portion of applicants for admission to enter.  The corridors outside were thronged with idlers.
      Juror ARNOLD didn't have his Bible with him today, but substituted a historical work with which he improved his mind in spare moments.
     Robert CRANSTON was called yesterday afternoon as to an alleged assault upon him by Dominick KEARNS and the testimony was excluded as immaterial on the objection of the people.
      Herbert MILES was sworn and as the testimony he offered was in relation to KEARNS cleaning out an entire store it was excluded as a specific act and immaterial.  The court ruled the same way on the question of admitting testimony of John D. CASE that KEARNS settled for blacking Mrs. SCHUPERT's eye.
     Harvey BOLLICk testified that KEARNS associated with the STEWART and SLATTERY boys and when drinking was likely to be violent.
     August SCHAELBER, whose mother runs a grocery and saloon at the Rapids, was called next.

      He was called to testify as to CHATFIELD's trouble with Drew in his place a short time before the murder.  He said that Drew called the defendant a vile name, coupled with the A. P. A. order, and soon as the latter came into the barroom, Drew also grabbed CHATFIELD by the shoulder.  The latter pushed him away and Drew fell on to the floor, clinging to CHATFIELD's coat.  Drew was drunk at the time.
     The witness interfered and told CHATFIELD he had better go away and avoid the gang.  CHATFIELD had had one glass of beer that the witness knew of.  He drank something else in the sitting room, but whether it was beer or a soft drink the witness couldn't say.
     George DEFRE__S and Jacob B. VOGT testified as to the scuffle between Drew and CHATFIELD.
     James L. BAST__O was next sworn as to what occurred during the trouble between CHATFIELD and Drew.  The witness said he did not care to go home with Bert at night.
     Mr. RAINES - "Why, were you afraid?"
     "There seemed to be so much feeling about the A. P. A. at that time and in that locality, and I had been accused of being in sympathy with such an organization."
     Mr. WARREN - "You say you have been accused of being an A. P. A.?"
     "I am not."
     Mr. RAINES - "State why you feared Drew would return with the gang?"
     "I don't wish to say."
     "Well, perhaps that is the best answer."
     Mr. WARREN - "Hold on. Let him state his reason."
     "I want to ask if I have to answer when by doing it will endanger my life."
     "Why do you think it would endanger you?"
     Mr. RAINES - "Because they are none of them in state prison."

     Paul LUTES was next sworn as to the disposition of Dominick KEARNS when drunk.  Mr. RAINES endeavored by questioning to gain from LUTES a general description of KEARNS' character, but a majority of the questions were overruled.  The witness' father was murdered near the phosphate works several years ago.  Michael KELLY was tried for the crime, but was acquitted.

Elmer A. TAFT was called to the stand and related a conversation held with Bert in which Bert referred to his fear of the SLATTERY gang.  He was also with CHATFIELD about 3:30 or 4 o'clock on May 26th, at which time the defendant and TAFT visited BISNETT's place.  The witness took a glass of beer and Bert took a glass of pop.  Their attention was called to some men in the river, and while looking from the window four men entered and Bert cautioned TAFT to go.  After reaching the outside CHATFIELD told witness that the men who entered were part of the gang which he feared.
     Mr. RAINES - "While you were there was anything said at BISNETT's about fishing or how good a man Bert was?"
     "No, I heard nothing of the kind."
     At this point adjournment was taken to 10 o'clock this morning.

     It was at 10:25 o'clock this morning when court reconvened.  Mr. RAINES for the defense, called as the first witness of the day, Mrs. Elizabeth WALTERS, mother of August SCHALBERT. Her second husband was a policeman, who died some years ago. Her saloon and grocery was run by her son and never by her husband.
      "Did CHATFIELD visit at your place now and then?"
     "He did."
     "Did he ever drink any beer?"
     "I never saw him drink anything except soft drinks."
     Cross-examined by Mr. WARREN.
     "When were you married?"
     "When I was quite young.  I was 15 years old."
     "What year were you married?"
     "I cannot tell the year."
     "How long after your marriage to SCHALBERT was your son born?"
Mr. RAINES - "I object.  I have never seen in court the performance of the district attorney equaled in insulting witnesses."
Mr. WARREN - "It effects the credibility of this witness if I show she is of immoral character."
     "You cannot prove it," said the witness calmly. "I have it in black and white and can produce the certificate."
Justice DAVY - "The birth of a child cannot be brought into this matter. If you can produce any precedent for that, Mr. WARREN, I will allow you to do so."
     Mr. WARREN - "I will show that a five month----"
     Justice DAVY - "I have ruled on that point, Mr. WARREN, so proceed.
Witness was closely questioned as to never seeing Bert drink anything intoxicating, and never hearing him make threats against KEARNS and the SLATTERYs. She answered all the questions in the negative.

Caleb OAKLEY, son of Monroe OAKLEY, the hotel keeper, was next sworn.
     Witness testified that on the night of the murder he was in WALTERS place and SCHALBERT told him to go home with Bert as the gang was picking on him.  Bert was in the next room with MATHIAS.  Bert went out and witness saying he would go with him Bert said he would walk slowly until witness caught up with him.  Witness drove along and picked up Bert.  The drove to EISENMAN's where they had a drink.
     Witness then described the meeting with Pat SLATTERY at the railroad crossing.  "SLATTERY's coat was off," said the witness, " He called CHATFIELD an A. P. A. and said he would break his neck.  Just then Officer WILLIAMSON came along and told Bert to go home.  Bert said he would.  I then drove over to Mrs. VOGT's.
     "Who was with SLATTERY?" asked Mr. RAINES.
     "A man named BUCKLEY."
"Did Johnny CURVIN tell you that there were some things he hadn't told the grand jury; that Dom KEARNS had threatened to cut the heart out of the A. P. A. - that his threat against CHATFIELD was made in the presence of CONROY, BOOTH and CHATFIELD?"
     "Yes, sir."
     "What do you know of CHATFIELD's eyesight?"
     "It was poor.  When he read he held a paper very close to his eyes."
     Cross-examined by Mr. WARREN.
     "You have seen him shoot frogs?"
     "Yes, sir."
     "He was quite a fellow to hunt?"
     "Yes, sir."
     "Don't you know a man's eyesight must be pretty good to be an expert hunter?"
     "He was not an expert hunter."
     "Are you a brother of the OAKLEY who testified that he was a member of the A. P. A. and would not testify against a brother member?"
     "I didn't hear what he testified."
     "Are you a member?"
     "No, sir."
     "Have you ever been a member?"
     "I was three or four years ago."
     "How long were you a member?
     "One night."
     "Did you take the oaths?"
     "I did."

Questioned as to the separate oaths read from the A. P. A. manual by Mr. WARREN as to putting down Catholics, Mr. OAKLEY replied to most of the questions that he couldn't remember.
     "Didn't you pronounce your name and swear to all that followed as you were initiated."
     "I don't remember."
     "Don't you know that you and your father have applications at your place and hand them to people, advising them to join?"
     "No, sir."
     "You remember that you took the oaths of that organization?"
     "I suppose I did."
     "Is your father a member?"
     "I don't know."
     "Will you swear that he never told you he was a member?"
     "Yes, sir."
     "Do you know you are under oath now?"
     "Yes, sir."
     Mr. RAINES - "And OAKLEY never forgets that."
     "Did Bert join the order the same time you did?" continued Mr. WARREN.
     "I don't know."
     "You know he is a member?"
     "I do not."
     "Didn't he ever tell you he was?"
     "No, sir."
     "You and he have been close friends?"
     "Yes, sir."
"When SLATTERY called a A. P. A. name at the railroad crossing you didn't suppose he was addressing his remarks to CHATFIELD?"
     "I suppose he was."
     "You didn't know CHATFIELD belonged to the order and you did know that you had joined the order.  Why didn't you suppose SLATTERY was addressing his remarks to you?"
     "I didn't think he did."
     "You were not afraid of SLATTERY?"
     "I never had occasion to be."
     "What did you do when the name was called?"
     "I got out of the buggy, walked up to SLATTERY and put my hand on his shoulder."
     "He didn't bite, kick or strike?"
     "No, sir."
"Then you, the protector, drove away leaving CHATFIELD and MATHIAS right in the presence of the enemy?"
     "The policeman was there then."
     "Didn't CHATFIELD draw a revolver there?"
     "Not that I saw."
     "CHATFIELD hung around looking for trouble?"
     "I don't think so."
     "Did you hear SLATTERY call out something to the officer?"
     "No, sir."
     "Didn't you hear SLATTERY say - - "

Mr. RAINES - "I object your honor.  Is it becoming in the district attorney holding his high office, when a man's life or liberty is at stake, to steal before the jury what cannot be placed before them under the rules of evidence?  The witness says he heard nothing."
     Mr. WARREN - "Your conduct of this case has been a perpetual steal.  If you were sent up for all the stealing you have done here you would serve three life times.
     After an angry tilt between counsel, Mr. WARREN was allowed to ask his question with an admonishment from the court not to waste time by asking questions.
     "Did you hear SLATTERY call to the officer to arrest CHATFIELD because he had drawn a revolver?" asked Mr. WARREN.
     Witness replied that he had not.
Dr. Wheelock RIDER testified that on a recent examination of CHATFIELD's eyes a stigmatism was found which might cause an uncertainty in vision.

Charles F. BUELL of Magnolia street was sworn.
     "What time did you get to WALTERS' on May 26, 18985?"
     "About 5 o'clock."
     "How long did you stay there?"
     "Until it closed."
Witness testified that Dominick KEARNS and the SLATTERYs were there when he entered.  In fact, he said, all the gang was there.
When CHATFIELD and MATHIAS entered witness heard someone call out A. P. A. names.  The witness continued:
     "I heard Dominick say he would kill the A. P. A. ____.  Then I got Bert and took him away to the sitting room."
     "What about wrestling?"
"Pat SLATTERY wanted to bet $1 that Eddie KEARNS could throw Bert.  Dom wanted him to wrestle, I think.  Then one of the SLATTERY boys said Bert wouldn't wrestle as he didn't have a friend in the house."
     "What did MATHIAS do when Bert went into the sitting room?"
     "MATHIAS went with him.  Bert wanted him to do so.  Bert said he was afraid of the gang as it was always picking on him, and if he knew they were in there he wouldn't have come in."
     "Did SCHALBERT say anything?"
"SCHALBERT told Bert the best thing for him to do was to stay in the sitting room and when he left to go out by the grocery, as the gang was laying for him."
Witness then described the alleged subsequent row between Dom KEARNS and JOHNSON, when witness interfered and Dom said, "Damn you I ought to give you this blow for interfering in my business."
     "Did CHATFIELD say anything to KEARNS?"
     "Bert said 'I don't see why you are always picking on my because I am an A. P. A.'"
     "What did you know of KEARNS reputation?"
"By the speech of people it was bad.  He was said to be quarrelsome.  I never saw anything wrong with him myself until that Sunday night."   S