“I vas goin’ ’long mit der calf to eat it grass dere by Ballards’ yard, und he vas goin’ ’long mit hees cousin, Craikmile’s son, und he vas walkin’ slow for hees cousin, he don’ got hees crutch dot day, he valk mit dot stick dere, und he don’ go putty quvick mit it.” Nels pointed to the heavy blackthorn stick lying on the table before the jury.

“Were the two young men talking together?”

“No, dey don’ speak much. I hear it he say, ‘It iss better you valk by my arm a little yet, Peter,’ und Craikmile’s 457 son, he say, ‘You go vay mit your arm, I got no need by it,’ like he vas little mad yet.”

“You say you saw him in the morning with Miss Ballard. Where were the family at that time?”

“Oh, dey vas gone by der church already.”

“And in the evening where were they?”

“Oh, dey vas by der house und eat supper den.”

“Did you see the prisoner again that day?”

“No, I didn’ see heem dot day no more, bot dot next day I seen heem––goot I seen heem.”

Harry King here asked his counsel to object to his allowing the witness to continually assert that the man he saw was the prisoner.