People v. Walter Bennett, appeal
GEORGE CONNOLLY, a witness called on behalf of the People, testified as follows:
Direct-examination by Mr. Ely:
George Connolly: I am a bath attendant. Turkish bath attendant, and prior to the 21st day of February, 1903, I was employed at the Ariston Baths. The Ariston Baths are at 1730 Broadway, the northeast corner of 55th street and Broadway. Prior to the 21st day of February, 1903, I had been employed there, at the Ariston Baths about three years. The Ariston Baths are in the County of New York. I know the defendant here. I have known him for over a year. I would see him coming in and out there, about once or twice a week in the Ariston Baths. Prior to February 21st, I saw the defendant around the holiday time. About Christmas time there in the Ariston Baths. I saw the defendant the day after the 21st day of February, 1903. The time when I saw the defendant first on the 21st of February, 1903, was about half past ten or elven o'clock, to the best of my opinion.
My Ely: Galbert; Call him Galbert
Connolly: I have seen that man (indicating Galbert). I seen him around the holiday time, too. I had known this man, George Galbert, who just stood here before the bar, before the Christmas holidays. I seen him in the Ariston Baths. I have seen this person, George Galbert, who just came to the bar here, at the Ariston Baths, well, off and on, to my remembrance, for over a year.
Cross-examination by Mr. Greenthal:
Connolly: I live at 437 West 51st street. I have been connected with the Ariston Baths three years. I swear positively that I saw the defendant, Bennett, in those baths, on or about Christmas time; no mistake about it. I couldn't tell you the time he came there.
The Court: Can you say the day or night you saw him?
Connolly: I couldn't state the day or night.
Mr. Greenthal asks a question.
Connolly: I say it was between Christmas and New Year's time. I don't know how many persons entered the baths on the night when Mr. Bennett was there. I don't know, sir. I do not know how many people were in the bath on the night of the raid. I was there. I was arrested. I am now under indictment myself. I say that I saw Mr. Galbert there on a great many occasions; prior to February 21st he came there every Saturday night.
Mr. Greenthal: One particular day. Tell the jury one particular day?
Mr. Ely: I object. He said-
The Court: I will allow him to answer.
Connolly: I don't know the dates.
Mr. Greenthal: Can you tell any particular month that he was there?
Connolly: Well, he was there every month, for the last year, to my knowing.
Mr. Greenthal: Well, wsa there any peculiarity about Mr. Galbert that would impress upon your mind that he was the man that you saw there?
Connolly: Yes, sir.
Mr. Greenthal: What is there peculiar about that man that impressed it upon your memory?
Connolly: Well, he is very bald-headed.
Mr. Greenthal: Did any other bald-headed men enter your place during the year that he came there?
Connolly: Yes, sir.
Mr. Greenthal: How many?
Connolly: I couldn't tell you.
Mr. Greenthal: More than a hundred?
Connolly: I couldn't tell you.
Mr. Greenthal: Do you think two hundred?
Connolly: I don't know.
Mr. Greenthal: Well, will you say fifty?
Connolly: I don't know that.
Mr. Greenthal: You don't know?
Connolly: No, sir.