The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1900-04-12

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]. Mohrbacher on East Roy street Janu-
airy rs Two more witnesses will be In
troduced this morning, but their examinh-
ton will not last more than few MIN
utes.
The defense will not finish It's side Of the
case before Friday afternoon. and the
chances are that the jury will not retire
20 decide Shomo's fate until near the
end OF Saturday afternoon. II is a re-
markable thing in connection with this
mysterious case that the defense has sue
ceeded in keeping everyone. including the
states attorneys, In ignorance Of what II
will offer TO combat the points offered
in the chain which the police, headed by
Detective Meredith, have worked up
against Shomo.
Although 1t cannot be said with author
ity yet there Is reason to believe that
the remark OF Shomo to Detective Mere
dith. III anyone should say l fired gun
the day of the murder they would be
mistaken" is the keynote OF the defense.
The heavy guns OF the state were fired
yesterday following the decision of Judge
Benson permitting Ernest Duncan. aged
years, and Willie Wise, aged 7. TO tes-
tify The fact that the court held with
the prosecution in this matter was big
victory for Mr.. McElroy and Mr.. Hart,
because n the decision had been adverse
OF clrcumstantinl evidence. Through the
testimony OF Duncan and Wise they
brought out direct statements touching the
firing OF a gun by 6homo, but what the
object In front OF the gun was merely
surrnise on the part OF the children.
Condensed, the testimony of the chill
cren was that they saw Shomo fire a gun
and then run up the hill toward the back
end OF his yard. He returned. according
to their statements, and disappeared on
the east side of his house. They thought
he was shooting at his pony. which ran
after the shot was fired. II Is claimed by
te defense that the testimony of the chill
dren IN In conflict with that OF Robert WIZ
Jams. who said Shomo went to the west
eide OF his house. Another point made Is
that Williams said he looked up after the
shot and saw man In shomo.s yard IN
the act of turning toward his house. the
smoke Of the gun stlll being In the air
six feet from this unidentified man, 30 far
an williams was concerned.
Much was made by the defense OF the
statement OF Ernest Duncan that he was
playing In the yard when he saw Shomo
fire shot, and the subsequent statement
OF Willie Wise that he thought Duncan
was IN the basement of the house. In his
direct testimony Wise said he saw Shomo
fire the shot, but on redirect he made the
statement that he did not know Shomo.
The state says that the last remark OF
Wilse was due TO the fact that he was
tired out, and had just said: II will not
answer any more questions / am tired
i have told all l know"
The states Counsel Satisfied.
At the close of the case yesterday af-
sernoon the attorneys for the state were
satisfied that they had connected Shomo
with the deed beyond circumatantial evil
dence. They looked upon the stories OF
the children as unbroken In the essential
features. while on the other hand the de-
Tense said the contradictions had rendered
h. d
fncompetency OF such testimony
Considerable interest will center today
I'm the continued examination OF Charles
Ducble. aged 10 years. who lived at Sho-
mos house for three weeks, lie said
there was a loaded gun IN the house and
the rifle with which 1t Is alleged Mohr-
bacher was killed. was shown to Dueble
he said that Il looked like the one Mrs,
shomo had. but added that the one he
saw had round wooden thing on the
under side. whict moved up and down.
Shomo remarked TO his counsel; why.
that was repeating shotgun" Just as
the court was about to adjourn n repeat
ing shotgun was brought into court and
handed to Attorney Morris, He imme-
diately asked that Dueble be recalled
81" said Judge Benson. II excused him.
You can recall him in the morning"
II nuchlo Identifies the shotgun as the
sun he saw Instead OF rife Il weakons
the case % the state, the defendant =
counsel say, because Dueble's testimony
that the gun In Shomo's house was loaded
Il In direct conflict with Shomo's alleged
statement to Detective Meredith that he
did not have cartridge to at his 30
cRliher rife
Tho trial opened yesterday mornlns
with o still larger crowd than on the
previous days ShomO was in good spirits
and chattcd chcersuliy with his counsel
The urst thing 60 come up was the all,
important question ot The admission of
little Ernest Duncan's testimony. a..
w the defy ~ the defcnae TO produce )
been allowed to testify in a murder trial
lc cited one from the United States 81.
prVmc court IN which child was toui
years old when he saw the murder and
hive when he destined The defendant
WAS hanged lie cited one criminal cas-,
from Wisconsin and on from TeNns Whrr,
chlldrcn AGED hNc had given evidence
There was one case from MaSsaohusctt,
where the child was oul3 four years. %
these three lAst cases the crime was net
murder, although tho charges were o
cid,A that U was discretionary with a.,
court whether The child should testify
and depended uPou The capacity 90 "a,
proposed witness Prior Co mAkinN
Anal ruling he called Mr. Duncan O.
the stand ana questioned her 20 90,
examination ~ the child pS the officer
OF the law since the Killing Mrs pun
can said the boy told her ~ 'he kNhoi
a short time after u occurred ana IA,
ssnvc that time, always In her presence
told Detective Meredith and AssisWn
had seen. She said that thc chtld rvpu
tatiun for futh-tg.iinS Was &c soQd "a
that % other chlidveu q his age
judge henson then decided, over "a
objections - tha defense that Erute
Duncan should teil his STORY Erncs
wAa uaj as SELF pa~Scssed as an WctueS
tiops pr0ponpd,d by iatgr sud att,r
news lie u IS uaHlrBt Nftie chap hg