The herald., 1895-10-20
He Makes Out a Strong Case
of Self Defense
ULLERY'S MENACING TALK
Attorney Van Sciever Ordered Released
by the Supreme Court
He Was Not Guilty of Enbezzling Check.
RiIey's Sentence-New Suits and
Court Notes

The defense in the case OF Frank Roe
mer. on trial in department one of the
superior court for the murder at Dowuey
several months ago of b. M. Ullery. has
up to this point introduced testimony of
such character that it is hard to be-.
lieve that the question of self-defense will
not be considered as one carrying much
weight when the deliberations of the
jury in the secrecy of their room shall
begin. The witnesses for the prisoner at
bar have established that the decease d
was OF very quarrelsome disposition,
and that he had threatened the life of
Roemer. The menaces that he made
were carried to this man, who had reason
to believe, from what ne knew of U llery,
that he might put them into execution at
any moment, especially as he had been
advised that his adversary carried gun
with the avowed purpose Of using it at
an opportune moment. The evidence,
1t is true, indicates that Roemer, far from
stunning the Irascibe barber. hunted
him up the day after the last quarrel be-
tween the two, and virtually forced an
issue by inquiring of the Spider
whether he still was of a mind to fulfill
toe threats he had made the night pre-
vious. Spider" Ullery, according to
Roemer's evidence given yesterday after
noon, was still of the sams mind, but he
was not quick enough and his attempt
to draw cost him his life.
The first witness called to the stand by
the defense yesterday morning was
Stephen Mitrovich. saloon keeper at
Downey, whe testified that on the morn
ing Of the homicide Ullery was standing
before the bar talking to a man named
Nathan M. Ballad, a canvasser for a
clothing house, who had just brought
him pair of new trousers. These ne
TOOK into side room, and while the wit
ness was prepared to swear that Ullery
and Babad conversed together, probably
for that reason was unable to gather
the subject of their con ,ersation. While
Ullery was in the saloon he took two
drinks, but the canvasser drank nothing.
Nathan NJ. Babad was called mex, and
proved to be an i'm portant witness for
the defense. He said that as he was ready
to leave Mitrovich's 8 saloon he asked Ul-
lery for his trade. As they were going out
Frank Roemer passed by and Babad SAID
that he had secured an order for pair Of
pantaloohs from him. No sooner had
the witness made this remark than U!-
lery exclaimed: THAT s. of b., no
had better order his coffin; 1 am going to
kill him the first time l meet him again,
and l would have done it last night If it
hadn't been for his sister-in-law jumping
in between u.s. UIlery then exhibited q
pistol. He declined to explain to the
witness what the trouble was about. but
repeated his menaces. After leaving
the saloon Babad met Roemer and told
him what Tho Spider had said, and
the defendant asked him il Ullery was
drunk. Babad told what bad occurred
between him and Ullery to mum ber of
people.
In the afternoon a brother of tine pris-
oner testified on behalf of the defense.
but his evidence brought out no new mat
ter. Frank Roemer himself was finally
called, and he told the story of the quarre;
on the night before the shooting. He
said that then Ullery had threatened to
kill him. The next day, when they met
in front OF the store. he asked Ullery if
he was still of the same mind that he was
on the night before. Yes, G. d. you,
replied Ullery, at the same time reaching
quickly with his right hand for his hip
pocket. Roemer then drew his revolver
and shot Ullery, who reeled backwards; !;
he, however, recovered himself and ad-
vanced toward Roemer, who shot twice
again, and Ullery fell.
The case will be resumed tomorrow. 1t
is not likely that it will reach this jury
bofOro Tuesday eyeninv