“And you availed yourself of this privilege?”
“Sure, I did, sir. I came home the next morning, sir, in time to get breakfast, having passed the night at my sister’s; and when I got there, sir—”
“Never mind about that, Miss Doyle. Now, tell us, was it a customary thing for Mrs. Peixada to let you go away for the entire night?”
“She never did it before, sir. Of course I had my regular Thursday and Sunday, but I was always expected to be in the house by ten o’clock, sir.”
“That will do, Miss Doyle. Miss Katharine Mahoney, take the stand.”
Miss Mahoney described herself as an “upstairs girl,” and said that she, too, until the date of the murder, had been employed in Mr. Peixada’s household. To her also, on the evening of July 30th, Mrs. Peixada had accorded leave of absence for the night.
“So that,” reasoned the district-attorney, “all the servants were away, by the prisoner’s prearrangement, at the hour of the perpetration of the crime?”
“Yes, sir; since me and Ann were the only servants they kept. Mr. Bolen staid behind, to his sorrow.”
In the case of each of these witnesses, the prisoner’s counsel waived cross-examination, saying, “If the court please, we shall not take issue on the allegations of fact.”
The prosecution rested, reserving, however, the right to call witnesses in rebuttal, if need should be. The defense started with a physician, Dr. Leopold Jetz, of Lexington Avenue, near Fifty-ninth Street.