Kansas City journal. [volume] (Kansas City, Mo.) 1897-1928, 1897-10-22

| 1T was in your own house that you told
| your husband that the doctor was coming
| Thursday?'
You told your husband that you had
| been at the doctors office that day and the
| doctor said he would call to see you on
ThursdayE ,..,,, had hoo, 70 Tho doc-
| tors office: told him so when got back;
| What time did the doctor say he would
come on Thursday
AT 10 o'clock.
| Did he Gomez"
Il didn't expect he would come
You were at home?'
And did he come according to the ap-
pointment?"
Was anybody with the doctor?''
Yes, a young medical student named
| Anderson" ,
| Il said good morning to him..
| Did he operate on your tonsils?'
He cut off piece of one. but could not
| operate on the other. He said for me 10
come 10 his office the next day TO have il
Now. Mrs. Schlegel, YOU told your hus
| baud when you returned from the doctors
office that evening that the doctor was
| coming Thursday, did you not!
And he Cameo
And he performed the operation?"
"Yes'
That's ALL"
| Major Woodson's Mistake.
! Mrs Schlegel started to leave the stand.
but Major Woodson called her back and
asked:
Did you meet DIR. Berger at the prose-
| cutting attorneys Officer
Yes. Mr.. Lowe telephoned for him to
come up
who else did you tell these facts to?'
Mrs. Wuertz.'
| N ATTORNEY
O'Grady that opens the whole case"
Judge WofTord-'That's what it does. 1t
! looks as though Major Woodson had tried
| u make the breach"
Major Woodson saw that he had trapped
himself by asking the question, ana was on
ask that Question The judge held that the
answer had been given. and It could not ,ls bs
that he had intended to use the word cir
cumstances instead of facts. The court
said he could see no difference under the
WAS there an appointment made the
THURSDAY DIR. Berger was at your mousse:
Did you keep it?"
At this point recess was taken for
| luncheon. When court took up after the
| noon hour, Mrs. Schlegel was recalled to
the stand Major Warner began to ques--
tion her. He had the witness repeat that
she had asked to have DIR. Berger sum-
moned to the prosecuting attorneys office,
after which he asked:
You also requested that DIR. Berger be
| not arrested. didn't you?"
| Lowe said that DIR. Berger denied it,
and said, Let him come up here and see
if he will deny it to me. Lowe said there
were no witnesses TO the assault and that
| l would only be publishing my own dis
grace to have him arrested, so L said l
would keep silent"
Didn't your husband say DR.. Berger
should pay for it?'
| II don't remember that"
when DIR. Berger met you at loves
office he brought n letter along that your
husband had written TO him. didn't he?"
The question was ruled out.
who was the first person you stated
the facts to regarding the occurrence in
| DR. Berger's office?"
Mrs. Wuertz-no. It was to my hus-
| band. and then to her.
Major Woodson objected to the state 60
ing into that part of the case, but Attor-
ney O'Grady called the courts attention to
the case of the state VS.. Avery dl3th Mo-.
| p. 500, which showed the liberal construc-
tion placed upon the right TO question
along a line once opened up by the attor
neys on direct or redirect examination, and
AS Major Woodson had let down the bars
when he asked to whom the witness had
first told the facts, the court overrued
the objection.
What did you state to Mrs. WuertZ?"
asked Major Warner.
Mrs. Schlegel then retold for the third
time how the assault had occurred, being
questioned at length by the major. Her
story was substantially the same as when
she told it at first. with one or two minor
exceptions.
Did your husband ask you for any par
tcuars when you told him of the occur
rence?'
Il told him about it and he didn't ask
The witness was asked regarding the
height and weight of the doctor and then
dismissed from the stand. She said the
doctor was about her height She took II
seat near her husband, but during the en-
tire afternoon did not speak to him.
Saw the Bruises.
Henry Stubenrauch was recalled to the
stand. He described the bruises he saw
on Mrs. Schlegel's left leg about two
weeks following the date of the alleged
assault. He had called at the Schlegel
home, at the request of the Schlegels, and
Mrs. Schlegel rolled down the stocking on
one of her Iegs-he thought it was the
left one-and exposed several black ard
blue spots.
Describe the manner and conduct of the
defendant on the occasion you were there
| He was worried"
On cross-examination Attorney Stuben-
rauch testified that the spots he saw We're
on Mrs. Schlegels left leg just above the
shoe top.
Mrs. Mary Wuertz. neighbor of the
Schlesels testified that she had known
scribed the bruises on Mrs. Schlegers leg.
She said they We're finger marks and We're
on the right leg above and below the
knee.
at looked" said the witness. 'as though
they Were finger marks"
She saw Schlegel the day she saw the
bruises but he did not appear to be ex-
cited. She was not cross-eXamined.
Mrs. Minnie KranZ, washerwoman for the
Schlegels, saw the bruises on the right
leg of Mrs. Schlegel.
She said there were five finger marks.
| Witness could not remember the date she
saw the bruises. She was not cross-exam-
ined.
As to SchlcGcrs Actions.
Patrolman w. F. Roger, of the metropol-
itan police force, testified that he had
known Schlegel for nine or ten years His
home is within five blocks of the SchIegel
home. Witness saw Schlegel nearly every
day. He said Schlegel did not seem to be
in full possession of his faculties after the
murder. The witness said wonderful
change came over Schlegel after he had
shot down DIR. Berger: his mind seemed oft
en- TO be wandering. Witness was not cross
examined
said he had known the defendant fifteen
years: witness lived within one block of de-
fendnnts grocery store: he saw Schlegel
nearly every day
to the shooting" said the witness. Il no.
ticed some difference in Schlegel's manner.
used to buy groceries at his store After
the last of November I passed his store and
ne did not speak knew of his trouble and
| always spoke first. He would look up and
stare vacantly at me for Il moment and
| then say, How do you do Mr. Shannon -
and then he would look down again"
| Witness testified to seeing Schegel at the
court house one day last Writer 1t was
| a1Hr