Assuming further that he was seen going along the railroad track in the direction of Newport; that he met two men, one by the name of Smith, and that he shouted, "Hello, Smithy"; that later he was spoken to by a man named Sweet at Newport on the railroad track about four miles from Poland, and that when Sweet caught up to him and asked him where he was going, he said to Herkimer to see a moving picture show; that he had stolen a dollar from his father; that he accompanied Sweet to Autenrith's store and while there the murder of the deceased was talked about in his presence and that he ate peanuts and smoked a cigarette and asked where they had found the body and stated that he had gone to school to her; and subsequently was taken back to Poland by one Frank Newman, and thereafter was turned over to the Sheriff of Herkimer County and one of his deputies. Assuming that on the 26th day of March he asked an acquaintance by the name of Morris Howe, a boy of fifteen years, if the deceased came to get her mail nights, and said that he would get even with her; that on Tuesday, March 24th, he told a man by the name of Estes Compo, with whom he was working, that the deceased had tried to send him to school and that if he had a revolver he would kill her, and asked this same man if he had read of a murder down South, of a colored man killing a white girl and laying it on the superintendent of a factory and that the man was sentenced to the chair and the colored man confessed the crime; that on the preceding night he had been in Compo's room, where he saw a revolver and a knife, and on the following day he said if he had a revolver, he would kill the deceased; that about a week before the 27th day of March, while defendant was working for Sam Hutchinson, he told a boy he would some day put an end to the deceased. Assuming that between the hours of seven and eight o'clock on the night of March 27th, 1914, Miss Beecher was killed at a dark and lonely spot on the Buck Hill road and that she had come to her death by being struck on the head with a monkey wrench and had been cut repeatedly to the extent of about 24 times with a knife in various parts of the body and that she was dragged from the place where she was killed to a clump of willows near the road and that her umbrella and hat were found the following morning in the road and that by following the track where her body had been dragged over the snow the body of the deceased was found.