The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1900-04-11

aged z, are the most important OF the
states witnesses, as it is expected that
they will prove that Shomo fired a rifle.
The defense made great effort to ex-
clude the testimony of the Duncan boy,
and the state made an equally strong eff
fort to persuade Judge Benson that it lay
in his discretion to allow the little fellow
to tell what he knew and the jury 10 take
II for what IL was worth. The arguments
lasted two hours, at the end or which
time Judge Benson took the matter under
advisement and requested the state 20
proceed with other witnesses.
II Judge Benson permits Duncan TO tes-
tify the state will get in what it considers
its strongest proof. The defense claims
that II Duncan tells his story 1t will be
the first time in the history of the United
States that a child of years has been al
lowed to give evidence against defend
ant charged with a capital offense.
Close Question of Law.
1t necessarily follows that If Duncan is
not allowed to take the stand that the
chances are nine to one that neither little
Abbie Wise nor Willie Wise Will tell
their stories whichever way Judge Ben
son decides 1t will be a big victory for
one side or the other.
The second important point developed
in the testimony OF Robert Williams, an
old man who lived 200 feet from the Shomo
house He testified that he heard shot,
md on looking up saw a man, rifle In
hand walk tc Shomo's house. Neither
the state nor defense asked him whether
he could identify the man. The cross-ex-
animation of Williams was aimed largely
to the position he occupied in his yard
and the distance the smoke was from the
man with the rifle at the time he looked
up. The. state anticipates that the de,
Tense will try to show that Williams could
not have seen what he testines he saw
from where he stood.
The long argument concerning the ao-
instability OF the children's evidence put
the state back considerably, and at the
close of the days proceedings Prosecuting
Attorney McElroy said that he did not
expect TO finish with his witnesses until
late this afternoon. Great care was taken
by the defense to hold in the background
everything which would tend to give
clue to Shomos side of the case. The
state is still in the dark as to what it Will
have to contend with.
Owing to the large crowd present the
trial was transferred from Judge Benson's
regular courtroom TO that usually occu-
pied by Judge Jacobs Shomo was one of
the first on hand. and to all appearances
he had passed a good night. His wife has
nearly recovered from her indsposition of
Monday but did not make her appearance
In court yesterday.
Mr.. Harris Opening Statement.
It was stipulated that the jury should
view the premises in the vicinity Of the
murder after the evidence was all in. The
by Assistant Prosecuting Attorney Hart
He told how the murdered man was seen
leaning over n railing within 100 feet Of
Shomo's house. Shomo, according to his
statement, had threatened to Kill the man
who was hanging around his place. Mohr-
bacher. he said had never been in the
neghborhood before.
Children" said Mr. Hart, saw the de-
PENDANT run UP with a rifle. look over the
fence and apparently shoot at pony"
Mr. Hart said that the state expected TO
prove that the shooting was done DELHI
erately and maliciously in pursuance Of
previous threat
Attorney Morris said that the defense
would reserve its statement
The first witness called was Prof. A.
+. Bechdolt He testified to the discovery
of Mohrhacher's body about 2;40 o'clock in
the afternoon OF January %. Deputy Cor
oner Powers told how the body was re-
moved to the morgue, where 1t was dis
covered that death was due to So-caliber
bullet which entered the breastbone
through a red necktie, and passing
through the body emerged little TO the
left u the backbone. The range was
slightly upward, Or. Ford CoTroborated
Mr Powers and said that a 30-Callber bull
let which detective Meredith had exact
Is fitted the hole in Mohrhachers breast.
The bullet ~hieh Killed Mohrbacher has
Mrs. Mohrbacher identified the red neck
tie ana "A PAIR uI au-pChucl-. 4i.y utu4,t,
In emerging from the body, passed
graphs II the scene OF the crime and sur
rounding objects were put IN evidence
and Identified By \. b. Wise, phoIog-
4 O. Hedges testified that while walk
iug along East Roy street with his sister,
Mrs Chapman. he passed Mohrbarher
who was lettering along, on two or three
occasions Hedges looked back and saw
Muhr haeher, once he was leaning
against a railing After Hedges and Mrs.
Chapman had passed Bellevue avenue
they heard something that sounded like
a shot ON cross-cxsmination the de-
fcuse put great stress on the number OF
times Hedges had seen MohrbaChcr.
Little Erne-t Duncan Called.
Ernest Duncan. aged years. was then
called. lie Is "a brignt-eyed little fellow
On being asked n he knew the binding
nature Of an oath he replied ia the most
matter OK fact way that he did not know
what oath meant The defense imme-
dtately objected 20 the admission % his
testimony. The jury retired and the boy
was also sent out % the room
Long arguments were made by Mr.
Morris and SIT Ronald. They coutended
that chud - I've years had no conccp-
ZION of ihe meaning Il an oath. ard
that under The laws az Washington a
child WAS presumed go bc incompetent
until ten years old.
\ child Is not morally responsible 10
God or the law said Mr. Ronald VIII
your honor b. the first To the history Of
iaW to allow child 60 testify against a
man accused ot capital crime There Is
nor auothtr case ur record where 90 has
and "a vesiict De returned against thls 3e-
PENDANT WnutG Fo0r honor allow such
yrrt..t % stand This man rs ou trial ,or
his ne. and be is entitled 10 cvery CON
slderatou the law allows
This is matter said Mr. Hart.
''w h3ch ts jn the discretion q che count.
\ uL cannot apply the same railing o. one
child thst Noa "a Did 20 another. This
ltNo tets"~ - " aH-t .ta.-lE preceeiaas lie