Omaha daily bee., 1902-11-20
WITNESS PERKINS IS CONE
States Principal Prop in spellman Case
Found Missing,
TRIAL IS CALLED TO TEMPORARY Halt
Deputy County Attorney Secures .
Respite of a Night In which to
Prosecute Hunt for the
Absentee.

In the trial Of John Spellman, charged
with second degree murder as a result OF
the death Of Earl Caldwell in a night en-
counter with union pickets near the Union
Pacific shops September IA, the state made
the unpleasant discovery yesterday after
noon that its principal witness, George
Perkins, is not in Omaha now, has not
been here for nearly two months, and has
left with his relatives no address, OF at
least none that they will give out.
After Raymond Chadwick had testified
in the afternoon, Deputy County Attorney
Abbott, who is conducting the prosecution,
made a request that the hearing be con-
tinued until today in the hope that Per-
kins could be ferreted out This request
was denied by Judge Baxter, but after
Mordecai Ball has also testified the request
was renewed and granted, the jury being
placed In the custody of Baillffs Sherwood
and Bone for safekeeping until this morn
ing at $3.50, when the hearing will proceed
whether Perkins has or has not been
found. -
Discovery IL Tardy.
At the sheriffs Office 1t is stated that
Deputy Sherry, who had the original sum-
mons to serve on Perkins, made a return
of mot found" and that such return was
reported to the office Of the clerk of the
district court last Monday. The county
attorneys stan state that they we're never
informed of such return until It came
time to call Perkins to the stand yester-
day. When his absence was discovered
Deputy Neve was sent hotfooting to Per-
kins' home at 1912 North Nineteenth, but
did not find the latter nor secure any more
valuable information than the statement
of the young woman who answered the
deputy's questions with the declaration
that Perkins went to st. Joseph about two
months ago in search of work and that she
doesn't know where he is now. If he
went two months ago he must have de-
parted very shortly after the preliminary
| examination. which he attended, and
which was on September "a.
Although the attorneys worked for It
from O'Clock to 5:t5 Tuesday afternoon
and began again before 10 o'clock wednes-
day morning. 1t was nearly noon before a
satisfactory jury was secured.
| who the Jurors Are.
The jury finally accepted is made from
the drawing Of some days ago and from the
list Of those drawn and served with forth
with summons Tuesday. The jurors are
J. A. Sheag 1924 South Eleventh street,
| bookkeeper for Kingman & Co.; John
| Wasulewski, Thirty-sixth and U streets,
South Omaha, saloon keeper; George E.
Wescott, 81 North Twenty-fourth, livery
man. John Smith, 1103 North Twenty third,
street railway laborer; William Osborn.
1884 Spalding, paper hanger; Ike Burk, 1119
| Capitol avenue, hack driver; George Nice,
| Thirty-ninth and D streets, South Omaha,
| stock yards employe; H. Oberman, 214
/ fttpl
Goldrick. 1924 T street, South Omaha, erst-
while grocer and politician; John NJ. Leh-
man, 2514 Binney street, teamster Daniel
Kline, 1915 Chicago street, second hand
dealer; John Turnbull. 1919 North Eight
eenth, teamster for an ice company.
The quiz Of every juror was rigorous
| and many were challenged, but the at
torneys now declare themselves well sat-
isfed.
The theory OF the defense, as given by
A. s. Ritchie. counsel is that John SPELL
mans blow on Earl Caldwell's head was
not the one that produced the latter'a
death, but that a second blow was struck
| by some other party and that the fatal
wound was inflicted with some semi hard
| substance, whereas Spelman, It is to
be shown, had only his fist. There will be
| denial that he kicked Caldwell after the
| latter was PROSTATE. Counsel implied
that much attention is TO be given the
| testimony Of DR.. Lavender, who conducted
the autopsy, as to the real cause OF Cald-
| wells death.
The Jury was conducted to Twelfth and
Cass streets yesterday afternoon to inspect
the place where the row occurred and its
surroundings.
The testimony OF Raymond Chadwick, q
striker who was in the crowd that sur
rounded Caldwell. and of Mordecai Ball
who was with Caldwell when he was at
tackled and injured, was the only evidence
submitted yesterday and II contained nc
feature new or materially different from
the details as published at the time of the