Omaha daily bee., 1903-06-20
LINNIER TELLS OF SHOOTING
Says he Intended to Wound, but Not u
Kill Sergeant Yours
JUDGE wPHtRsOS RiBUKts A SOLDIER
Court is MisiRfOrmed as 60 Conduct
of Lieutenant MaPes at the Trial
and Result L. short-Lived
Sensation.

Sensation.
Lina Linnier. a private soldier OF Com |
pany /. Tventy-hfth Infantry. was ar
raisned before Judge Mcpherson in the |
United States circuit court yesterday
charged with the murder Of Sergeant Rob
ert Yours OF the same company at Fort
Niobrara April II last. The accused pleaded
not guilty. Lnnier is a mulatto, a young
man of intelligent appearance. and very
neatly dressed. He was employed as the
body servant to the commanding officer
Of the regiment just prior to the murder
Of Sergeant Yours, and the killing Of the
sergeant was the outgrowth OF Ill feeling
that existed between the two.
The court appointed John NJ Mac
fariand TO defend the accused. The prose-
cution is looked after by District At
torney w. s. Summers and Assistant Dis
trict Attorney Rush. The entire morning
was devoted TO securing a jury to try the
case.
The taking Of testimony began shortly
after 2 o'clock in the afternoon. About
twenty witnesses were examined, including
the defendant. The line of defense was TO
prove that there was great provocation for
the murder.
Linnier on the stand.
The defendant, Lima Linnier, in giving
evidence in his own behalf said II knew
Sergeant Yours from August q 1902, to
April IL. 1908. 1 served In the Philippines
two years, seven months and seventeen
days. Before that I was a member of Com
pany C, Twenty-hfth infantry, and served
In Arizona first enlisted in 1898 at Mem
phis, in the Tenth Immune regiment and
have been five years in the army The
morning Of the shooting 1 went down to
Valentine with Lieutenant Colonel Reed te
see him OF. he having been transferred TO
another. regiment. 1 returned to the fort
about $50 that morning and went into the
messroom for breakfast. Just before this
Sergeant Yours and i were arguing about
the statement that General Baldwin was
reported TO have made to a newspaper re-
porter in Denver, where he called colored
soldiers nothing but ours. In the talk
denied that he had made such a state
ment. Then Sergeant Yours called me a
vile name and / told him to take II back
He refused and when / went into the mess
room I asked Sergeant Smith for my gun
as had reported back to the company for
duty and wanted to clean It up got the
gun and took some cartridges from a belt
and loaded the gun and went into SQUAD
room No. /, where Sergeant Yours was
with the intention of making him take II
back / was going to make him take II
back with the gun 1 intended to knock
him down with the gun and was about four
feet from him.
Intended to shoot Him.
Il saw him reach under the head of his
bunk for something and then 1 fired.
only intended to shoot him low down. about
the hips. and not to kill him. 1 did not
Intend to shoot unless he came at me- He
did not come at me. but reached under the
head of his bunk and then fired loaded
the gun myself to make him take hack
what he called me-"
The only evidence presented by the de-
Tense In addition to that OF the defendant
wss to show that Sergeant Yours was in
the habit OF swearing at the members of
the company! There was no evidence that
he ever struck or threatened any of the
soldiers.
The testimony of the prosecution was to
the effect that Linnier shot Yours shortly
after coming into the barrack room. No
one heard any conversation between them
L4nnier was Immediately arrested with
the gun in his hand. After he fired the
first shot he sprang another cartridge into
the gun. Yours was killed almost instantly.
dying in the hospital a few minutes after
he was shot.
Lieutenant Mapes, commanding the COM
pany, testified to the excellent character of
Yours. as a strict disciplinarian and a good
soldier generally.
The testimony was concluded AT I.15 wa
terday evening and adjournment was taken
10 o'clock this morning for argument
Rebuke TO Lieutenant Mapea.
During the trial Lieutenant Mapes COM
manding officer OF the company to which
Linnier and his victim belonged was asked
to sit by the attorney for the governmen,
for consultation. Lieutenant Mapes had
been witness for the prosecution and had
already given in his evidence.
Attorney Macfarland. counsel for the ac-
eused, overheard Lieutenant Mapes make a
remark that he thought referred to one OF
the witnesses for the defense then on the
stand. He Immediately appealed 20 the
court and protested against the officer In
jecting himself into the case to the preiu
dice of the defense. Judge Mcpherson
thereupon administered a rebuke to tn,
Officer, saying: Such conduct is in tn,
highest degree reprehensible and unEen
tlemanly. and / wish you 20 understand
that the civil courts OF the United State.
will not for a moment tolerate such bust
ness. The military Of the United States 4
strictly and absolutely subordinate TO IN,
civil power OF the government"
Lieutenant Mapes arose and stated tha
the court had been misinformed and tha
he did not do anything 70 deserve the re
buke. 81 was invited by the district at
torney TO take seat by him to answer ,
few inquiries regarding the case, as / wa
the oficer who originally investigated tn
case"
District Attorney Summers stated in ex
PLANTATION that Lieutenant Mapes had bee
invited 10 take a seat by him, and the re
mark that Attorney Macfarlsnd had over
heard. and TO which he had taken excep
ton. did not refer 70 the witness then O
the stand, but to the prisoner. and wa
In direct reply TO question the distric
attorney had addressed 20 him.
The explanation of Mr. Summers was sal
isfactory TO Mr.. Macfarland and he apol
ogfEed TO Lieutenant Mapes and the couI
for causing the unpleasant incident, an
the rebuke was withdrawn.