THOMAS F. PHELAN, being recalled by the District Attorney, testified as follows:
Direct-examination by Mr. Ely
Officer Phelan: On the night of the 21st of February, 1903, I did have a conversation with the defendant.
Mr. Ely: In the hot room?
Officer Phelan: No, sir.
Mr. Greenthal: Objected to. This witness has been in the room when all these witnesses have been examined, and I object on the further ground that the witness has already testified, on his direct examination that he had a conversation with the defendant.
Mr. Ely: Not in the hot room or steam room.
The Court: Proceed.
Mr. Greenthal: Exception
Officer Phelan: I was not in the steam room or hot room, the Turkish bathroom, with the defendant at any time on the 21st of February, 1903. I did not offer this defendant a chair. I did not tell this defendant to go and sit down, no, sir, no conversation with him whatever.
Mr. Ely: That is the People's case.
The Court: Is that the case on both sides?
Mr. Greenthal: No, sir; I will recall the defendant.