Omaha daily bee., 1903-04-01

preliminary hearing. and that he testified
differently on each occasion. aud II seems
to me that It was perfectly proper not to
call him as a witness
Mr.. Aldrich, continuing: Il wish 10 call
the courts attention to the previous good
character Of the defendant and think the
Instructions asked for by the defendant
should have been given"
Amdavits on File.
Counsel hled an afidavit today signed by
II. c. stryker, wherein Mr.. stryker says
that Just prior TO election last fall he had
a conversation with Ami c. Pool. one Of
the jurors, and that Mr.. Pool said he did
not believe Mrs. Lille murdered her hus-
band. and that he could not convict any
person Of murder on circumstantial evil
dence.
Counsel for the state today fled several
counter afhdavits. Charles S. Carlisle. who
was one OF the Jurors, makes afldavit that
he did not state to one II. r. Smith in the
presence Of Clayton II. Smith or anyone
else, that anyone who had not formed an
opinion in this case Is a id fool" either
this or in substance. Clayton H. Smith also
makes AFFIDAVIT and supports Mr.. Carlisle
In every particular. Charles S. Carlisle
N'hAte III hlo dlAu I mat ne tADTtbEtu hu
opinion as to the guilt or innocence of Mrs.
Lille in the presence and hearing Of John
Kasse and william H. Carlisle. He is sup
ported in this by the af1davit of William H.
Carlisle. John Kasse also filed an AFFIDAVIT
wherein he swears that he might have mis-
understood Just what Charles S. Carlisle
said in a certain conversation referred to
by him in a former af1davit made on behalf
OF the defendant and in fact he now believes
he was mistaken. Joseph Hilger, one OF
the Jurors. makes affidavit that he did not
on October &c, 1902, state to Nancy Weller
and her son, Fred, that Nobody could ever
make me believe that anyone did 1t but
her; she killed him." meaning Lena NJ.
Lille, as they state in their afhdavits.
Myrtle Hilger makes affidavit that she was
present at the time Mrs. Weller and her
son swear they had the conversation with
her husband and that her husband, Joserh
Hilger, did not make the statements
charged by Mrs. Weller and her son. Fred.
Eighteen Of Mr.. Hilger's neighors make AFT
davit that Mr.. Hilger is a man of unques-
tionable character and standing, thoroughly
reliable in every particular. James L.
Dewey, one Of Jurors, making affidavit
that after the verdict was returned into
court that he had a talk with Juror All
c. Pool in which Pool said that they had
made charges against him about having or
expressing an opinion in the case, also
that during the trial of the case Juror Pool
received a letter, the contents OF which afh-
ant does not know.
Counsel for the defendant made applica-
ton to introduce oral testimony to support
the motion for a new trial. This was re-
sisted by counsel for the state. Judge
Good permitted the introduction Of the oral
testimony.
Nick Birket was the first witness. HI
said:
Il live east Of Joseph Hilger. He was
one OF the Jurors in this case. l had a
conversation with Mr.. Hilger a short time
after Mr.. Lille was murdered in which
he said the talk was going around that Mrs.
Lille murdered her husband. He never
expressed an opinion to me as to who he
thought murdered Harvey Lille"