Omaha daily bee., 1901-03-08

saw no guns at that time lie heard a shot
hred and at once went up to the door.
What. II anything did anyone do then ?'
asked Mr. Button.
"Rhea came 20 me and says. Put up your
| hands and come I'M and | did so. ! kept
my hands up all the time ! was in and left
as soon as the first ones did | went out
the back door" lie also said that he never
saw any team or person in front Of Zahn
place the night Of the murder and that he
had no gun that day.
Was M Actor Two Seasons.
On cross examination he said that lie had
lived in Norfolk Yankton and Aberdeen,
;. d., and Fargo, y. D.. about six months in
each place, and had previously played two
seasons on the road with a theatrical
troupe. He admitted having been ac-
qualnted with the Williams and Armstrong
establishments since last summer. He was
sure he made no remarks whatever to
Iahn. He was unable to give much of an
account Of the doings in the saloon didn't
see Gardner counting the seven men sitting
on the floor or ordering them around the
room He started for West Point on foot
Immediately after the shooting.
Several witnesses were introduced to
prove that defendants reputation as a
peac eable, law-abiding citizen at Norfoll,
was good Policeman Kane didn't know
what his reputation was. Freight Brake
man W J. Beck said 1t was good but OF
cross examination II appeared that he
knew scarcely anything about him. 4. G.
Eberheart testified about the same He
admitted that he knew little of his as
sociates and that he was away considerable
Of the time Frank Johnson. dry goods
gln
mot him in Yaukton. and his reputation as
peaceful. law-abiding citizen was good.
An attempt was made to impeach the tcs-
timony Of some Of the states witnesses by
proving that they testified differently at the
inquest, but the court ruled the questions
out
convict Rhra for the Defense.
The court room was crowded this after
noon and there was a suppressed excite.
ment as William Rhea, the man whose
punishment has been fixed at death for the
murder of Herman Xahn. took his seat In
the witness chair In answer to questions
by Mr.. Button. he told OF his coming TO
Snyder with Gardner and Darrell. of their
drinking in Kingbaum's and Zann's saloon
about $50 the night OF January .. The
witness and Gardner had some words with
Orley and four other Snyder men in front
OF Zahn's. All were angry and excited. He
pulled his gun and pointing it at Orley
said: you git!" and the whole crowd
went into the salon together. Darrell was
there and witness said to him: You git,
too" and Darrell went in with the rest
"Zahn came running up toward me with
his fists like this (holding his fists doubled
up in front of him) and shot him in the
side and he dropped to the floor"
Witness said he noticed the tepm standinp
in front Of the saloon. Leaving he called
out to Darrell to stop that team, and Dar.
rell repeated Rhea's order. but failed TO
stop the horses
Attorney Martin cross examined Rhea at
some length and he stuck pretty closely to
his story. He said he had known Gardner
for some time and was quite intimate with
him. He could not tell about anything
that occurred In the saloon after the shoot
ing He claimed that he knew nothing
about the safe or cash register. Sehwank's
jumping from the window. or Gardner's lin
Ing up the men on the floor
Gardner Did No shooting.
He did not know anything about Zahn's
watch but he swore positively that Gard
ner left by the front door and did none OF
the shooting out in the street. lie said that
one of the shots fired at him hit in the side
and after he was struck he fired at parties
outside He left the saloon by the front
door and went west He did not see Gard
ner till about 1 o'clock in the morning,
when he came and woke up witness. who
was lying beside the road between Crowell
and Snyder, asleep The two men went
down to the bridge across the Elkhorn and
stayed there until morning. then to the
place. Much OF his testimony
was given In a cold. mechanical way. lie
told how he shot Zahn in a cool, uncon-
cerned way.
The defense rested.
The state introduced a few witnesses In
rebuttal. whose testimony was confined to
minor points and to contradicting Darrells
testimony that everyone was drunk, and
closed its case.
Mr.. Martin made the opening argument
Tor the state. He spoke for an hour, bring.
Ing together the evidence, which showed
hat Darrell took an important part in the
murder, that OF watching the front and
keeping Beyl's team there. while the 9TH
ers robbed the place and in doing so shot
Lahn.
j. G. Cook opened for the defense with
strong plea for justice to the defendant, de- |
'cribing the murder from his standpoint |
He argued to show that Darrell had moth !
ng to do with the shooting.
At $50 court adjourned.