Omaha daily bee., 1902-11-21
SPELLMAN TRIAL NEARS END
Case Probably Will Be Ready for Jury's
Consideration Today
WITNESS PERKINS FAILS TO SHOW UP
job speIIman's signed Statement TO
Police, Made Morning After
the Fight, IL Introduced
IN Evidence.

II Is thought that by this evening the
case OF the State against John spellman,
son Of a Union Pacific striker and charged
with the second degree murder OF Earl
Caldwell, a strike breaker, September 10
last, will be ready for the Jury. This ex-
pectation allows the entire afternoon for
the argument OF the attorneys, as the last
OF the testimony OF the defense and that
in rebuttal probably will be in by noon.
George L. Perkins, a witness on whom
the state was relying for some Of its most
valuable testimony. and who was discov-
cred yesterday TO have absented himself
from Omaha. has not been located and the
trial proceeded without him yesterday
morning at $3.50,
The STATE. after placing Of1cer Henry
Heitfeld and DR., w, r. Lavender
on the stand, rested It's case. Attorney
Richie Of the defense promptly began argu-
monts for instructions. the jury being dis
missed until a;3O, Richie argued for two
propositions-nrst, that the charge of the
crime of murder cannot be predicated upon
a blow of the fst, and. second. that John
spellman struck Caldwell with only his fist,
the fatal blow with a club being delivered
By Charles Pospisal, who was discharged
after the preliminary hearing, though origi-
nally hoid with Spellman upon the recon-
mendatiOn Of the coroner's Jury. Judge
Baxter. after tho argument, instructed
Richie to submit his proposition on the
draft OF instru etions, when the court will
approve or refuse them. as It sees At.
oficer Heitteld was put on to identify a
statement which he had written as John
Spellman dictated the morning after the
fight, and which was placed in EVIDENCE
this morning.
spellmnn's Signed Statement.
The statement bears spellman's sig
nature and reads:
Last night about 6 p. m. met Jack Nc
Kenna at Fifteenth and Nicholas; was
around town, and at about 1890 p. m. went
wick, Rudolph Lindberg and my father
Mike Spellman, and another man whom
40 not know; RFe Remains .t there e. some str time
stood on southeast corner for about ter
minutes; saw two men coming from up
with my father, Mike Speliman, Jack Nc.
Kenna, Raymond Chadwick. Rudolph Lind
berg and another, while | was. about hf'
What was said, only one Of the two mel
said he was a blacksmith helper. 1 ther
went over and struck one of the two mer
with my fist and he fell in the gutter:
struck at him twice after he fell, bu'
missed him. l then walked across the street
alone. Before l left the man / knocked
down he got up and ran toward the shops
| did not see anyone strike or touch thi.
man. tp my presence.
DR.. L~avender's Testimony.
DR.. Lavender repeated his police court
testimony to the effect that the cause o.
Caldwell's death was pressure from a hem
orrhage, which h~emorrhage came from q
rupture of the superior longitudinal sinus
just above the JUNCTION of the occipital and
right p%arietal bones in the right region, and
that the incised clean cut wound near the
center of the forehead was not made will
q knife. could not have been made with thu
3st. probably was not madO with a sho'
il Ut Likely was made with a club Of
I - : Tnf-hafd substance.
10 d~cfense placed on the stand DR.. w
'~-ristie, who testified somewhat IL
,Jn ..diction of DR.. Lavender, that tn,
wound fatal to Caldwell could have beef
inflicted with a perfectly smooth and har'
instrument or tool. The other witnesse
used by the defense in the court Of tn
afternoon we're a half dozen acquaintance
OF Spellman's, who testified to his goo
character and previous good behavior.