NYMONROE-L ArchivesArchiver > NYMONROE > 2004-05 > 1083784634
From: "Susan" <>
Subject: Murder Trial Feb. 22, 1896 part 2
Date: Wed, 5 May 2004 15:17:14 -0400
The Union & Advertiser
February 22, 1896
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?"
"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?"
"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?"
"He was quite a fellow to hunt?"
"Don't you know a man's eyesight must be pretty good to be an expert
"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?"
"Have you ever been a member?"
"I was three or four years ago."
"How long were you a member?
"Did you take the oaths?"