Omaha daily bee., 1903-02-17
MUCH LIKE PRELIMINARY
Better Progress Than Expected Being Made
in the Lille Case
TWO NEW WITNESSES ARE INTRODUCED
One of Them swears that Defenda MT
Appeared Nervous on the Day
Before the Murder of Her
Husband.

Husband.
DAVID CITY, Neb., Feb l6.-(Special
Telegram. )-One week has been taken up
with the Lille murder case and far greater
progress made than was anticipated. 1t
was the general opinion that 1t would take
at least one week to procure a jury but
Friday forenoon the jury was secured
sworn to try the case and the attorneys
made their statements Of the case before
the noon hour. When court adjourned sat
urday night six witnesses for the state had
testified Five Of those gave testimony that
was even more direct and positive than at
the preliminary hearing. One, Mrs. Agnes
Hall. was not called at the preliminary
examination. Her evidence was decidedly
strong for the state and IL must be ad-
mitted that so far the state has made as
strong, IL Lot stronger, case than at the
preliminary hearing, when IL had examined
the same number OF witnesses.
BY permission Of the court and the at
torneys in the case the jury, accompanied
by Sheriff West Deputy Varn and Bailin
Hackworth, attended church yesterday
morning at st. Luke's Methodist Episcopal
church.
The citizens of David City are not ex-
cited, but are taking considerable interest
in the case, which is the most important
in the history of Butler county.
The cross examination of some OF the
witnesses clearly indicates that one Of the
points OF the defense is the condition of
Mrs. Lilies mind on the morning the
crime was committed. That the different
statements 1t is claimed she made as to
where the burglar stood we're owing to the
condition of her mind at the time, and
therefore she was not capable OF saying
just where he did stand.
Forty More for State.
The state has forty witnesses yet to tes-
tify, but with some 1t will only require
a short time. Counsel for the defense say
II 1t becomes necessary for them to offer
any testimony they will probably have
about thirty witnesses.
Hon B. F. Good, the presiding 'udge,
is being complimented for the fair and
impartial manner in which he is conduct
ing the trial and not permitting the vast
ing of time with superhuous oratory.
When court convened this morning there
was a very light attendance. DIR. H. E.
Burdck was the first witness. He said
II was one of the managers of the David
City hospital"
His testimony as to the examination OF
the wound and the autopsy was substan-
TALLY the same as at the preliminary hear
ing, and corroborated the evidence OF Dr.
Beede in this respect.
DR.. NJ, V. B. Sample, coroner of Butler
county, was the next witness. His testi-
mony as to the location of the wound and
the impaneling of the coroner's jury and
autopsy was the same as at the preliminary
hearing.
Bullet I'm Evidence.
Witness testified to the fatal bullet that
was found in the brain OF Harvey Lille.
This was admitted as an exhibi. and was
examined by the jury.
The attendance this afternoon was much
larger than in the forenoon. The court
room was fairly we'll filled. The direct ex-
animation of Coroner Sample was con-
tinued. The defense objected strenuously
to witness testifying as to any statements
Mrs. Lille made to the coroners jury at
| the time of the inquest. The greater por-
tion of the afternoon was consumed in
arguing the question and the citation of
authorities. Judge Good took the matter
under advisement and announced that he
would decide the question tomorrow morn
ing. The witness was excused for the day.
Mildred Showalter was the next witness
| She said in part:
II was sewing for Mrs. Lille in the
month Of October / was there on the 23d
day OF October. Mrs. Lille went uptown
between 3 and o'clock. The only remark
that heard her make was that she was
| going up to Mr. Benefits to settle with
| him. She came back few minutes after L.
short time after she came back she said
/ the bank was closed and she had some
| money that she did not like to leave in the
| house. heard her say that Mr.. Lille had
nothing in the house to defend himself ex-
! cept an old rusty revolver. Since the mm,-
| der Mrs. Lille wrote me to come and see
her. that there was two points that she
thought could clear for her. She said at
this time that she did not say anything
about the money"
Defendant Was Nervous.
Cross-examnation ELECTED nothing more
Blanche Kraft, the next witness, said in
part
81 was sewing for Mrs. Lille at the time
of the murder. / saw Mrs. Lille at the
telephone three times on October %. The
last time was about 3 o'clock. Mrs. Lille
| went uptown between 8 and O'clock she
said to bank some money and to Benefits
l saw nothing unusual with Mrs, Lille on
the 2Sd, only she talked frequently about
| the bloodhounds being poisoned After
Mrs. Lille came from town she said the
bank was closed. that she had a sum of
money that she did not like to have in the
house and asked us girls II we would not
be afraid. / have heard her speak about
there being an old rusty revolver in the
house. Mrs. Lille talked to m, since the
murder and said II 1 testified about her
being nervous and about the gate being
open that Il would go against her. think
this was on Monday after the murder on
Friday I never heard Mrs. Lille say any
thing about having money in the house be-
| fore"
The cross-examination OF the witness
elected the fact that Mrs. Lille was very
nervous the day before the murder The
last two witnesses did not testify at the
preliminary hearing
John d. Sprague was the next witness
He was a member Of the coroner's Jury.
Witness Identified the bullet as the one
taken from the brain of Harvey Lille at
the time Of the autopsy. It is a S2-cali-
ber. The evidence Of this witness up to
the adjournment was substantially the same
as the preliminary hearing
|