said Mr. Donahoe.

"That is the testimony," insisted Mr. Hynes, "and I will refer to
it."

"No," rejoined Mr. Donahoe, "he said he went to the rear of the
barn. I have got the testimony here."

O'SULLIVAN'S CONTRADICTORY STATEMENTS.

"I have got the testimony, too," said Mr. Hynes, "and I will read
it. He said he went to the rear of the shed in the alley. Let me
call your attention also to the fact that Mulcahey, his room-mate,
does admit that he was out of the house that night about 8 o'clock
or half-past 8--out in the yard. Mulcahey fixes the supper at about
half-past 7 o'clock; so that he has him out in the yard about 8 or
half-past 8 that night, and not another soul in the house knew he
was out of the house. All of them swore that he did not leave the
house. Do I say that they perjured themselves? No; not all of
them."

"Do I understand you to say," interrupted Mr. Donahoe, "that
Mulcahey swore he was out of the house?"

"Mulcahey swears," replied Mr. Hynes, "that he was out at 8 or
half-past 8 in the yard."

"He did not swear to it in this court," said Mr. Donahoe.

"He swore to it in this court," retorted Mr. Hynes, "and I will
read you his testimony. It is perfectly proper, gentlemen,"
continued Mr. Hynes, addressing the jury, "for Mr. Donahoe to
challenge my statements. I invite him to do it--first, to correct
myself if I am in error, and, secondly, to show that I am right if
I make a statement of that kind. Here is Captain Schaack's
statement. Captain Schaack says: 'There is one thing I forgot; in
conversation with O'Sullivan I asked him where he was on the 4th of
May. He said he was on the ice wagon all day. I asked him what time
he came home in the evening, and he said 7 or 7:30. He had his
supper and went to bed about 8 or 8:30, and about 9:30 some men
came home, and he got up and let them in and went to bed again. I
asked him if he was positive that he was not away from his house,
and he said he was positive he was not; that he was in the house
all the evening. After he was in the jail he sent for me and I came
down to see him in the jail. He told me he had forgot to tell me he
was out of the house that night in the rear of the shed.'"

Here Mr. Donahoe objected, saying that nothing was said about
O'Sul