Omaha daily bee., 1896-11-18
FOSTER LEWIS GOES FREE
Trial of the Much Postponed Case Held in
Police Court.
NOTHING CONNECTING HIM WITH KILLING
Evidence shows lie Had Lcft the
Scene when the Blow Which
Killed Mcclure Was
struck.

The state did not succeed In making much
Cf case against Foster Lewis at the pre-
l!minary hearing yesterday morning in police
court on the charge OF being an accessory
with william Campbell in the killing OF
James Mcclure on election night. The
examination finally occurred, for the com
plant which had been so successfully hid
den that the police court officials could not
find it themselves, was discovered slowed
away in one of Police Judge Gordon's
pockets.
All that was developed in the examina
tion was that Foster Lewis might be looked
upon as the aggressor in the quarrel which
resulted in the death Of Mcclure.
Mcclure and two companions were walk
ing on the north side of Douglas street,
yelling for Bryan. Lewis, Campbell and
another colored man were on the other side
OF the street, crying for Mckinley. The
latter appeared to have resented the shouts
for Bryan. This seemed to be especially the
case with Lewis, for when both parties
reached Twelfth and Douglas streets, still
on opposite sides of the street, he said:
There they are now. Let's go over"
Lewis reached the other side first, his
two companions but few feet behind him.
He demanded Of each for whom he was
shouting. Mcclure was the last he ques-
llOUtu, anu WUtu ne answered lnat ne was
yelling for Bryan, Lewis pushed him against
bill board and drew out pocket knife.
He opened and shut the knife as he asked If
Mcclure wanted to fight. The latter said
he would If he put up the weapon. where
upon Lewis said that he always fought with
a knife. At this moment the third colOred
man Of the party pulled Lewis away, say
ing, They are only boys" The three
started to leave, and then Campbell turned
about and with the words, "D--n you, take
that" struck Mcclure on the temple with a
bellows squawker Lewis was some fifteen
feet away when this occurred
This was the testimony that was given by
SiCgfred Wadum and Harry CastlctOn, who
were the two companions of Mcclure. Upon
crosse examination Wadum testih d that when
LOWS had Mcclure up against the bill
board he threatened to cut him. At this
moment the third colored man interfered.
NO HELP FOR INQUIRE
officer Kirk was the conductor on the
patrol wagon which carried Mcclure 10 the
police station after the incident occurred
He was used to show that Mcclure died at
the station. None OF the testimony brought
out In the inquest, to the effect that no
care was taken Of Mcclure was given Dr.
Towne was not examined on that line
either.
With Or. Towne the defense attempted
to show, but without success that Mcclure
might possibly have recovered with medical
assistant city physician stated that he had
seen Mcclure at I3O o'clock Wednesday
morning, when he was dead. He noticed n
slight swelling on the left temple, where the
blow had been struck, but II was so slight
that he noticed Ii only by comparing the
two sides of the head watery fluid was
stll Issuing from the left ear. The latter
was an indication of n fracture of the base
of the skull This fracture. together with a
resulting internal hemorrhasc. In the physi-
clans opinion, was the cause of death
Would an operation performed immedi-
ately after the blow had been struck have
possibly resulted in recovery" asked the
defense
"An operation could not have been per
formed because the fracture could not have
been reached without injuring some of the
very vital parts of the head" answered the
physician. such fractures usually result
In death. | know of one that was cured
but II was done medically and not surgl-
ally. There Is no way of stopping the flow
OF the watery matter a fluid surrounding
the brain which leaks through the fracture
There Is no way OF stopping the hemor-
rhage"
The physician testified that he found the
dead boy lying on cot in cell. To the
best OF his knowledge the body was living
on the left side the left ear down.
Might not the flow Of the blood and
watery matter have been stopped to some
degree If the body had been lying on the
right side, the left ear being turned up?"
pursued the defense
NO answered the physician. "the blood
ana matter would have been forced out of
the car by pressure. No manner of treat
ment could have stopped it,"
Detective Hudson testified that he met
Campbell and Lewis at Fourteenth and
Douglas streets at 1910 o'clock, shortly
before the ARRAY occurred. Campbell was
shouting; II would like to meet a Bryan
man man using a vile threat. Lewis was quiet,
and after Detective Hudson had warned
Campbell to be more quiet, Lewis promised
to take care OF him and told him to obey
the officer.
Yesterday afternoon when court convened
on motion of the county attorney. the cose
was dismissed
Foster Lewis was rearrested on n charge
OF assault and battery at the conclusion
of the hearing