Omaha daily bee., 1900-12-13
STATE RESTS In FLOTH CASE
Detectives Swear that Floth Told Them BE
Kicked Fee.
STATES ATTORNEY SPRINGS SURPRISE
Calls Michael MoIIner, One of the
Co-Defepdants to witness
stand to Tell of the
Alteration.

Contended. was the cause OF Edward Fees
death on the night Of August 22 was not
mentioned until few minutes before the
state rested. Up to this time there had
been a missing link in the testimony. DR..
Lavasder had demonstrated that the blow
on Fees head which. in his oolnion, caused
the contracoup fracture and indirectly the
rupture OF the blood vessel and the conse-
quent death. had been made by a hard sub
stance OF some kind He ventured the
opinion that II might have been made by a
fist, but probably was made by kick
None Of the witnesses had mentioned n
kick. Wachtler told the court he saw both
Coyne and Floth prmmel Fee with their
fists. but he declared positively that none
OF his companions on the night of the orgie
in the rear Of the blacksmith shop had
kicked Fee. The next to the last of the
prosecutions witnesses was Detective Saw
age. He supplied the missing link to the
complete chain OF testimony. IL arrested
Coyne the day after the murder when he
was at work in the Union Pacific shops"
the detective said, "and took him to the
police station for an examination before
the captsin. In my presence and before
Captain Her, Detective Dunn and Floth
himself, Coyne stated that on the night re-
ferred to Floth struck Fee several times
prior to leaving him and walking to the
Burt street sidewalk. He said that the
group afterward returned from the walk to
the place where they had been drinking in
the rear OF the shop and that Floth resumed
his assault on Fee and kicked him, as we'll
as struck HIM with his fists
The defense made a determined resist
ance to the admission of this testimony.
obJecting to It on the ground that it is
hoarsay evidence, but the court overruled
the objections and Detective Savage's state
ments quoting Coyne as swearing that
Floth kicked Fee, became a part Of the
records which will go to the jury for con-
sideration.
State Springs Surprise.
The attorney for the state caused some-
thing OF surprise when he informed the
court that he had but a single witness more
and then called tho name of Michael Moll-
her. This man Is one OF the co-defendants
with Leo Coyne. Nothing had been said to
suggest that he might take the witness
chair and tell OF circumstances that would
fnoriminate his companions, SO there was a
hutter OF genuine surprise when Mollner
stepped before the bench and was sworn
Mollner is a youth of slender stature. A
pallor overspread his features and he was
excessively nervous when he seated him.
self In the chair before the court His
eyes avoided those of Floth, who sat Just
behind his attorneys and watched him fur
lively Most OF the time Mollner stared at
the attorney questioning him. Occasion.
ally. when the queries related to circum-
stances discriminating his companions, Moll-
ner would drop his head and stammer, but
never once did he glance in the direction Of
Floth. The defendant was as unconcerned
as usual. Mollner's having been a turn,
coat to the gang was apparently as un-
expected to him as to the spectators, but
he showed no anxiety. The only emotions
no gave signs of were curiosity and amuse-
ment.
Mollner's story was: "On the night Of
August 20, Just after supper, met Leo
Coyne. Harry Floth and John Wachtler
near the corner Of Thirty-seco and Burt
streets We chatted awhile and then at
the suggestion Of someone in the group, I
do not remember who, we went down to
Anderson's saloon near Twenty-hfth and
Cunning streets to buy some beer As soon
as the beverage was purchased we crossed
the street. going down the driveway at the
side Of the blacksmith shop to the rear
where a box wagon stood. We four climbed
into the vehicle and drank the beer, pass
ing the Jug containing II from one to an
other till tho crockery was empty. Floth
was the only one who had any money He
said he had five cents and wonld spend IT,
He then crossed over to the saloon again
to get the second supply of liquor. When
that was finished Wachtler suggested that
We go home. saying that he must work in
the morning and thought We had stayed out
late enough.
Coyne Was stiIl Thirsty.
"All Of us but Coyne assented. He sug-
gested that we have one more round Of
drinks. Floth said he had another nickel
and volunteered to go after a sandwich II
Coyne would again rush the can. The
rest of us left the wagon and found seats on
the ground a few feet from the wall Of the
shop. Coyne returned first with the beer.
When Floth appeared he was accompanied
by stranger. The trouble between Coyne
to Coynes invitation to buy another supply
of liquor the stranger said he had no
money and could not accommodate him.
"Coyne struck the man several times as he
sat with his back to the wall. We then
left the enclosure, starting toward Burt
street. leaving the stranger Topping toward
the ground. There was conversation on
the walk and a few minutes later we re-
turned to see II the man had any money.
That was at Coyne's suggestion. When we
reached the mans eide Floth went through
MS pockets. lie TOOK the watch. After
that he struck the man several times
Then We all started home leaving the man
lying against the wall of the shop"
Judge Baker asked the witness II he saw
any one kick Fee. Molner's answer
was no.
When court convened Detectives Johnson
and HELM were put on the witness stand
In turn to tell of the recovery Of Fees
watch, which Floth took from his pocket
after assaulting him. Detective Johnson
said that at first Floth denied having stolen
the watch. but on being confronted by
Coyne, who had previously admitted that
he had taken 1t, he confessed and accom-
panied the officers to vacant lot at Twen
ty-fourth and Jones streets where the time
piece was recovered from Its hiding place
IN the weeds.
Defense Calls but Two Witnesses.
Before the close Of the afternoon session
the testimony was all In and the argu
ments Of the attorneys for the prosecu
tion were completed. The case did not z,
TO the Jury, but will be submitted thi,
morning after the arguments OF the de
fendant's attorneys. The defense was con
tented with calling two witnesses to tel
the court that on the night of the murde
they heard a wagon or carriage driver
throiyh the alleyway mast the shon whar,