People v. Walter Bennett, Appeal: Rebuttal of Officer Thomas Phelan

People v. Walter Bennett, appeal

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.

Cross-examination none.

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.

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