The Red Cloud chief., 1884-06-13
WILLIAM u. cox
Gets Five Years in the Penitentiary for the
Manslaughter Of Lawrence A. TObin.

The case of the State of Nebraska vs..
William o. Cox for the murder of
Lawrence A. Tobin in a saloon at Blue
Hill, last March,, was taken up last
Friday before Hon. William Gaslin,
IT., Judge. The forenoon was
spent inimpaneling a jury. &C.
companied by the usual difficulty in
getting men fitted by law to serve in
that capacity. The State was repre-
scented by District Attorney w. S. Nor
Ian and J. S. Gillian, and the defense
10y Messrs. Case & McNeny and Hon.
L. NJ. Marquett. Of Lincoln. who con-
Quoted their parts with the usual dex-
terity and satisfa ction. MI. Charles
Price, Il boy of lS, Was put on the stand
and the search for secrets began. Mr..
Prices testimony was principally rela-
tive to these facts incident to the begin
ming of the row. The next witnesses
were Jacob HeltOn, Jno. w. Coon,
brothers-in-law of Tobin, and August
Martin, whose testimony vas material.
ly the same as to the map location
and the conversation of those who par
ticipated in the free fight. DIR. l.. j.
Spicklemeyer, of Blue Hill. was the
next witness, and one of the surgeons
that assisted in the post n,ortem exam
nation. The questions put to the
Doctor by Marquette, were very terse.
The point the defense was trying
to make was that the deceased came
to mis- death by inflammation of the
brain caused by the intense mental ex-
element and the use of strong drink.
DIR. Daltees, of Blue Hill, was then put
Oh the stand, and questioned as to what
he thought VAS the u OF the death
| Of Tobin. The witness said that To-
bin came to has death by inflammation
of the membrane of the skull. This
inflammation, he said, was caused by a
spiculc of the skull which punctured
the internal membrane of the skull
| when he was struck with the billiard
! cue. The witness was then asked what
part OF the skull would yield first to
external violence, the body of the
bone. or would Il fracture be more like
IL to follow the sutures of the skull.
| To this the witness answered that the
subject should be considered, as in an
old subject where Ossitication was
complete, the bone on the margin of
the suture was more dense, but gener-
ally wOuld.fracture along the suture.
| This theory the doctor explained to
the jury by producing the skull. But
theory or generalization will not suf-
fee for the pert eXpounder of law; he
must have facts. The witness was
then asked if this spicule could not
have been placed where it was found
by saving off the top of the skull or in
! prying out the fractured piece with
| IA chisel. The witness answered no, for
particles that were produced by saw
ing were outside the internal mem
| brane that lines the skull. The witness
was then asked if intense mental ex-
| citement and intoxication could not
have caused this inflammation and rs a
| result the deceased die from apoplexy.
The witness said that mental excite
ment and intoxication could produce
inflammation of the brain, hut not frac-
ture the skull. The witness said there
was six ounces Of serum inside the
| cavity of the skull where the fracture
WAS. The witnesses testimony was Civ
en- readily and showed that his know
ledge of the skull was not to- be scOffed
at DIR. Lane, Of Lincoln, was then put
The testimony given by the doctor
did not cerrObOratc that given by those
| who preceded him. His cross exam
nation by District Attorney MOrlan
was very rigid, and the jury was fully
convinced that some of his theories
would not stand the test. DIR. G.. E.
McKecby was the next to take the
stand and his testimony had no weight
on the part Of the state or defense.
| The sheriff Of Lancaster county was
questioned about the attempt of Cox
to break Jail at Lincoln. The testimony
given was of no weight rs it was all
hearsay. Mr.. Charles +. Buschow, J.
| p. of Blue Hill, the first witness i'm be-
half of defense, took the stand and was
questioned about the testimony given
by Charles Price at the preliminary
examination at Blue Hill. Here the
defense tried to show a discrepancy in
the testimony given here and that ut
Blue Hill. Mr.. Watkins was sworn,
and questioned as to notes of evidence
taken at the preliminary examination
by him of what Mr.. Price testified to.
Jno. Haas took the stand and was
questioned about what he saw in the
saloon the night of the Goth of March.
| His testimony was similar to that CIV
ell by former witnesses on the same
| subject, but stated he paid particular
attention to the fight between Tobin,
| Arnold and Kile, but said defendant
Cox struck Tobin with a billiard cue
about five minutes after TObin struck
Cox, while TObin was standing with
his back toward Cox. DIR. Dallas again
took the stand for n few minutes. C.
q. Wilson took the stand, and there
was nothing new in his testimony, or
that could make the case more lucid
than it was before. John Burden took
the stand, anil evinced a little stub
harness, but revealed no material facts
VIM. o. Cox, the defendant then took
the stand to testify in his own behalf,
and was asked by Marquette as to his
intent and prOvocatiOn for striking
Tobin. lie said he was afraid of per-
sonal violence from Tobin, for TObin
had knocked Arnold, Kile, and him.
self down. and was afraid 'Tobin was
going to clean the whole place out"
The defendant was questioned about
cutting the bars in the Jail at Lincoln.