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376 X¥. AMERICAN STATE TRIALS.

the electricity might innocently electrocute some members of
the fire department in case of fire. I ask you, gentlemen of
the jury, what was the necessity for leaving the box open
when a atmple turn of the lever would have shut off the elec-

- tricity end enabled the key to have been hung up in the
office, just exactly like old Holloway swore when he didn’t
know the importance of the proposition, in the affidavit which
I have and which was submitted in evidence to you, that that
box was locked and the key was put in Frank’s offiee? Why
don’t they bring the fireman here who went around and
gave such instructions? First, because it wasn’t necessary,
they could have cut the electricity off and locked the box.
And second, they didn’t bring him because no such man ever
did any such thing, and old Holloway told the truth before
he came to the conclusion that old Jim Conley was ‘‘his nig-
ger’? and he saw the importance of the proposition that when
Frank went there Sunday morning the box waa unlocked and
Frank had the key in his pocket.

Mr. Rosser, You say Mr. Frank had the key in his pocket? No
one mentioned it, that isn’t the evidence; I say it was hung up in
the office, that’s the undisputed evidence.

Mr. Dorsey. Holloway says when he got back Monday morning
it was hung up in the office, but Boots Rogers said this man Frank—
and he was sustained by other witnesaes—when he came there to ran
that elevator Sunday morning, found that power box unlocked.

Mr. Rosser. That’s not what yon said.

Mr. Dorsey. Yes it is,

Mr. Rosser. You said Frank had the key in his pocket next morn-
ing, and that isn’t the evidence, there’s not a line to that effect.

The Covrr. Do you still insist that he had it in his pocket?

Mr, Dorsey. I don’t care anything about that; the point of the
proposition, the gist of the proposition, the force of the proposition
is that old Holloway stated, way back yonder in May, when I inter-
viewed him, that the key was slways in Frank’s office; this man told
you that the power box and the elevator was unlocked Sunday morn-
ing and the elevator started without anybody going and getting the

key.

Ye. Rosaer, That’s not the point he was making, the point he was
making, to show how clearly Frank must have been connected with
it, he had the key in his pocket. He was willing to say that when
he ought to know that’s not so,

, The Count. He’a drawing a deduction that he claims he’s draw-
ing.

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