People v. Walter Bennett, Appeal: Rebuttal of Officer Harry McCutcheon

People v. Walter Bennett, appeal

HARRY McCUTCHEON, being recalled by the District Attorney, testified as follows:

Direct-examination by Mr. Ely:

Officer McCutcheon: On the night of the 21st of February, 1903, I was in the extreme northwesterly room, in the Ariston Baths establishment. I saw there this defendant.

Mr. Greenthal: Objected to, as not in rebuttal

Mr. Ely: It is in rebuttal. The defendant denies that he has been in there.

The Court: Ask him the direct question.

Mr. Greenthal: Exception.

Officer McCutcheon: I saw the defendant in there. He was laying on the cot.

Mr. Ely: Lying on the cot where?

Mr. Greenthal: Objected to, as already answered.

The Court: Allowed

Mr. Greenthal: Exception.

Officer McCutcheon: On the 55th street side; in the south part of the room.

Mr. Ely: What did you do?

Mr. Greenthal: Objected to.

The Court: When was this?

Mr. Ely: The night in question, the 21st.

The Court: Has he not testified to all that matter?

Mr. Ely. No, sir. This witness was not asked on that subject, and I didn't ask him what occurred in that room at all. I simply took him on other points and this is in rebuttal of the defendants as I understand. He has denied that he was in this northwest room.

Mr. Greenthal: If your Honor please, it should have been brought out on the direct.

The Court: Go on.

Mr. Greenthal: Exception

Mr. Ely: Did you leave that room, the northwesterly room, the extreme northwesterly room?

Officer McCutcheon: I did.

Mr. Ely: And where was the defendant when you left that room?

Officer McCutcheon: He was lying on a cot.

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