People v. Walter Bennett, Appeal: Testimony of John O'Keefe

People v. Walter Bennett, appeal

JOHN O'KEEFE, witness called on behalf of the People, being duly sworn, testified as follows:

Direct-examination by Mr. Ely:

John O'Keefe: My business is Turkish bath attendant. I was employed before the 21st day of February, 1903, in the Ariston Baths, 55th Street and Broadway, in New York County. I had been employed there one year. I know the defendant here. I seen him at the Ariston Baths. Before the 21st of February, if I recollect, I saw the defendant in the Ariston Baths. I seen him there two or three times, but I can't place any date.

Mr. Ely: In the month of - did you see him in the month of - that was in February - did you see him in the month of January?

Mr. Greenthal: I object to the District Attorney leading.

The Court: I overrule your objection.

Mr. Greenthal: Exception

Mr. Ely: (Question repeated)

O'Keefe: Not in January; I don't remember. I saw him in December. Well, just around the holidays. I can't place any date. Well, before Christmas, just before Christmas. I saw him before Christmas in the Ariston Baths. This defendant. I am sure of it. I have seen that man before (indicating Galbert). I saw him at the Ariston Baths. I had seen him at the Ariston Baths, while I was working there, for one year. Off and on, for one year. At intervals I saw him during the year, possibly once a week or once every two weeks, for a year. I saw this man Galbert at the Ariston Baths, when this defendant was there.

Mr. Ely: And did you ever see the witness Galbert when this defendant was at the Ariston Baths at any other time than the 21st day of February, 1903?

Mr. Greenthal: I object to it as leading. I don't think it is fair in rebuttal.

The Court: Objection overruled.

Mr. Greenthal: Exception.

O'Keefe: Yes, sir.

Mr. Ely: How many times?

Mr. Greenthal: Objected to as leading.

The Court: Objection overruled.

Mr. Greenthal. Exception

O'Keefe: Oh, I couldn't say how often I seen him there when the other man was there, Mr. Bennett.

Mr. Ely: Oh, well, about how often do you recollect before the 21st of February, 1903?

O'Keefe: Two or three times.

Cross-examination by Mr. Greenthal

O'Keefe: I was arrested at that time. I have known Mr. Connolly going on three years. He was employed at the Ariston Baths at the same time that I was. After this raid, well, we didn't work there after. We didn't go back to work. I have seen Mr. Connolly between February 21st and the present time; about every other day I should say. I have no discussed this case with him, not a word. Never spoke a word to him about this case. I never had no occasion to. He never spoke to me and tell me what he was going to testify to here. I live down near Coney Island, and Connolly lives up in Harlem. Well, I wouldn't see him, except when I would be subpoenaed to court here. Between the 21st day of February and this trial I have spoken to him every time I would meet him. Well, possibly two or three times a week. I don't live in Coney Island. I live at 268 West avenue, Parkville.

Mr. Greenthal: Can you tell us any particular day on which you saw Mr. Bennett, at those baths, in December?

O'Keefe: I cannot say any date. No.

Mr. Greenthal: Or any particular day, when he was there in the month of November?

O'Keefe: No, I can't. I never kept no track of dates.

Mr. Greenthal: Will you swear positively that you saw this defendant at the baths in the month of November of last year?

O'Keefe: November

Mr. Greenthal: Yes.

O'Keefe: I wouldn't swear to it, no.

Mr. Greenthal: Will you swear positively that you never saw this defendant, in those baths, in the month of December, 1902?

O'Keefe: December?

Mr. Greenthal: Yes.

O'Keefe: Why, I think I seen him there, but I wouldn't swear to it.

Mr. Greenthal: You will not swear to it?

O'Keefe: No, sir; I wouldn't perjure myself.

Mr. Greenthal: Will you say positively that you saw this defendant in those baths in the month of January, 1903?

O'Keefe: I guess I did.

Mr. Greenthal: Will you swear positively that you did? Not what you guess. That is what we want.

O'Keefe: I couldn't swear to it.

Mr. Greenthal: You couldn't?

O'Keefe: No, sir. I wouldn't swear to it.

Redirect-examination by Mr. Ely:

O'Keefe: I was arrested for violation of the excise.

Mr. Ely: And what became of that case?

O'Keefe: I don't know yet.

Mr. Ely: Well, you were discharged, weren't you?

O'Keefe: We were paroled.

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