HARRY McCUTCHEON, a witness called on behalf of the People, being duly sworn, testified as follows:
Direct-examination by Mr. Ely:
Officer Harry McCutcheon: I am an officer connected with the Municipal Police Force of the City of New York. I was such on the 21st of February, 1903. On the 21st of February I was not attached to the Fourth Inspection District; at the time I was connected with the 22d Precinct. On the evening of the 21st of February, 1903, I went to the Ariston Baths, 1730 Broadway, New York County. I went there about nine-thirty under instructions of Captain Schmittberger, Inspector now. I saw the defendant there. Why, I saw him about eleven p.m. the first time. He was in the hot room. I did not have any conversation with him. When I say the hot room, I mean the hot air room, not the vapor room; the steam room is where the steam is. That is where the vapor is, but the hot air room is where the dry heat is. That is the Turkish room. Next after I saw the defendant in the Turkish room, I saw him in the vapor room later on. And after that I saw him several times during the evening. He was walking around through the different rooms. And I saw him in the westerly room, about one twenty, I should judge, laying on a cot. That is the most westerly room of the baths, the northwesterly portion of the premises. Well, on one occasion he had a sheet arranged around his body.
The Court: Described the condition of the sheet?
McCutcheon: Well, there was a train behind, and he would lift it up and show his legs, and go through certain motions with his body. I could hardly describe the motions.
Mr Ely: What?
McCutcheon: I could hardly described the motions that he went through. There were other people about, as he was walking about trailing this sheet after him, and showing his legs and making the motions. And there were other people in the rooms as he was walking around conducting himself in the matter I have described. I noticed they were looking at him, and he was looking at them sometimes.
The Court: So far as he could observe.
Mr. Ely asks a questions
McCutcheon: I know who took this defendant to his dressing room after he had been identified. I did. I did not have any conversation with him; none that I remember. After I took him to the dressing room he dressed, and I took him back into the room where the rest of the prisoners were, and I left him there.
Mr Ely: That is the People's case.
The Court: The case is with you, Mr. Greenthal.