when
he had left that night, to which he answered that there had been some
large bills left by one of the gentlemen after the game, but that he did
not see them there in the morning.
The plaid cap, which had been found back of the divan, was here produced
and shown him and he was asked if he recognized it. He responded
promptly that it was a cap which White was in the habit of wearing
sometimes on rough nights and volunteered the statement that both it and
a corresponding ulster had been lying on the chair near the window the
night of the murder, but the latter was not there in the morning.
Benton was succeeded on the stand by Davis. The latter had little to
tell, however. He briefly related in a weak voice about our doings there
the previous evening, stating that he had left about the same time as
Benton, leaving White stretched out on the divan, and had closed the
door behind him. That he had gone up to his room and retired. In the
morning about seven o'clock he was aroused by a commotion and the call
of the housemaid and had dressed and gone down immediately to find White
dead on the divan, as described. That a police officer was then in the
room, and the landlady and housemaid were in the passage. That shortly
afterwards others came, myself among the number.
He also testified that Van Bult had left four fifty-dollar bills on the
table the night before and that they were there when he left, but that
he did not see them in the morning; so, also, he said the plaid cap and
ulster had been on a chair near the window, but were missing in the
morning.
He offered no further testimony and was permitted to leave the stand
without questions.
Littell was then called and told briefly and clearly what had happened
as I already knew it on the night of White's death. After reciting the
events of the evening, he stated that he had walked to Madison Square
with me and then continued uptown to his hotel. That on the following
morning while dressing, he thought about eight o'clock, he received a
note from Benton, which he produced, telling him of the murder, and that
he had then gone at once to White's house and found things as they had
been described. He corroborated Benton and Davis about the missing money
and the cap and ulster. He also was not cross-examined.
Van Bult was then called, but did not answer, and the sheriff's deputy
explained he was "non est." This, coupled with the statement of Benton
that he had left the
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