McRae testified that he and Barclay Fetters had gone down between
dances, from the Opera Ball, to the hotel bar, to get a glass of
seltzer. They had no sooner entered the bar than the prisoner, who had
evidently been drinking heavily and showed all the signs of
intoxication, had picked a quarrel with them and assaulted Mr.
Fetters. Fetters, with the aid of the witness, had defended himself.
In the course of the altercation, the prisoner had used violent and
profane language, threatening, among other things, to kill Fetters.
All this testimony was objected to, but was admitted as tending to
show a motive for the crime. This closed the State's case.
Caxton held a hurried consultation with his client. Should they put in
any evidence, which would be merely to show their hand, since the
prisoner would in any event undoubtedly be bound over? Ben was unable
to deny what had taken place at the hotel, for he had no distinct
recollection of it--merely a blurred impression, like the memory of a
bad dream. He could not swear that he had not threatened Fetters. The
State's witnesses had refrained from mentioning the lady's name; he
could do no less. So far as the shooting was concerned, he had had no
weapon with which to shoot. His gun had been stolen that very day, and
had not been recovered.
"The defense will offer no testimony," declared Caxton, at the result
of the conference.
The justice held the prisoner to the grand jury, and fixed the bond at
ten thousand dollars.
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