St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1894-06-21

and 6. Weyand. Towards the last the
panel was exhausted and deputies sent
out for falesmen. One talesman.
bright-looking fellow, stated that he
had an opinion which would not be
shaken. which he got from reading the
newspapers. He was excused.
Upon the completion of the jury
County Attorney Butler took the floor
and made the opening for the state,
telling the story of the crime and the
points he should try to prove The
court then took a recess until 2o'clock.
All the testimony taken in the after
noon was practically the same as on the
first trial, only one new witness being
introduced.
The first witness was Matthias Valek,
proprietor of the saloon in which the
crime was committed. By the aid Of
diagram Mr.. Valek told his story, in
broken English, showed where he and
Herda were sitting at the time, and
where Herda fell when shot. The
three robbers entered the saloon
at about half past nine in the
evening, exelaiming, as they did SO,
"Hands up." The tallest of the
three went behind the bar, revolver in
hand, and one man of about medium
build, wearing led handkerchief over
his face, stood beside Valek, and as that
gentleman was a little slow in raising
his hands, struck him with the hntt of
his revolver, a large weapon. To use
Mr.. Valek'S own impressive words:
My ewes went fired; my head whirled
and l fell on the floor. l heard three
shots, one, two, three. and saw the lall
fellow run out OF the door," Valek said
that the man who struck him wore
black sack coat. As all illustration. At
torney Butler was used, Valek showing
just how he was struck, making Mr..
Butler tremble with fear.
After cress-eKamination Miss Valek
was called. She was up stairs when the
shots were fired, came down and saw
Herda at the foot of the stairs. He APP
definite description OF the three men.
While the deputies we're hunting for
the next witness, Deputy Coroner
Wheaton took the stand and told of the
location of the bullets in Herda's body.
Fred Dlstler, the missing witness.
then testified.
He lives about 200 feet from the scene
of the murder; heard the shooting. four
shots, three in quick succession, and
one later. hurried to Valek's. saw two
fellows. one just coming out OF the
saloon and one Just turning the corner.
Was 100 feet from the door. Saw back
of one turning the corner, black hat and
light or tan osercoat; second ole had
black coat and black Derby hat. Saw
side of his face as he turned lamp post.
First was heavy-set, the other not SO
heavy; not so large as witness. be-
PENDANT is about the size of the man;
face smooth. Called Officer Davis. Ran
two blocks and then returned. Vaiek
stood by counter: head cut and bleed
ing. Herda lay On the floor.
Officer Davis then took the stand. He
came at once to the saloon, where he
found loaded cartridge ana sew RI
balleIs. Lawyer McGhee had Davis
place the cartridge in about the Same
position III regard to chair as when b.
sound it.
County Attorney Butler is trying to
prove that the loaded cartridge fell
from the large revolver in the hands of
the iaau who struck Valek.
Officer Sweeney described the arrest
OF the three men. Dugan, Rice and
White i'll Liipka's saloon and the sub
sequent attempt at escape from him
fired his reyover into The
ground to Scare Rice. While
running from Officer Sweeney Rice
threw something over fenee;. its fa.l
sounded like a revolver. Caught Rice
at Luder's drug store, and in few
minutes Brennan came in with White.
White said to Rice: Keep still. don't
squeal, they can't prove anything" or
words to that effect. Sweeney also
described the clothes worn by the three.
Officer Brennan c0rrobo-ated this testi.
III,
+. +. Brett. watciman at Oakland
cemetery. in whose yard the something
was thrown by Rice. told how he cane
Outof his house upon hearing Sweeney's
shot; also of the receiving or large
revolver ithe one ia c0nrt) that was
found by Calab Bodley, who WAS visit
ing Brett, in his lBrett's3 yard.
Bodley certified to the above facts,
and elaborated upon the finding of tie
revolver. which he Identified as the one
ia court.
Officer Brennan was recalled. and
stated that when the weapon WAS turned
over to him the following inoraing he
gave it to Sergeant Ross.
Capt. Lowell. of the kpndo street sta.
ton, had experimental with the revol-
yer; loaded il with cartridges like the
one found III Nalek's saloon; two out
OF five exploded. showing that the re-
volytr Was used more as club than for
shooting: ALSO said that visitors eam.
to see Rice while in Rondo street sta.
ton who We're accompanied by all OFF,
Ger upon such visit.
Mrs. Herda's testimony was more for
Identification than anything else.
Thomas Cummings. .he Gully new
witness so far IN the trial, is the police
officer who saw Rice come out vi
WHITES house on Rice street at abunt
1i:30 a. IN. Oh The nlorniug OK The mur-
der. He Testified that Rice wore a
mistaehe about as heavy. although not
STA dark as Attorney MeGAee's, MIR.
Butler calling the Witness attention
~ that genteman's hirsate appsndage.
Judge Arr Instructed The jury To talk
with III person or lhr tiial, nor discuss
the evideasre among rliens elves. nor
read the ac1ou.lts of the irlal IA the
paper.. aud adjourned until Today ut