Omaha daily bee., 1903-04-18
PLEADING FOR A NEW TRIAL
Attorneys for Mrs. Lille Strain Every
Nerve Before Judge Good
DISCOVERY OF EVIDENCE is ALLEGED
Defense Puts In AmdSvits setting Up
Alleged Facts Recently Brought
to Light and Fnvoring
the Accused.

the Accused.
DAVID CITY, Neb., April 17.-(special
Telegram AT the conclusion Of the argu-
ment Of Senator Hastings this afternoon,
c. II. Aldrich made a short argument in
support Of the motion for a new trial for
Mrs. Lille. He asserted that the stand
ing and reputation Of a man in the COM
munity in which he lives is not conclusive
as to the truthfulness Of the answers given
on voir dire examination to serve as a
juror. This refers to Jurors Hilger, Pool
and Carlisle, against whom the charge has
been made that they had formed and ex-
pressed an opinion as to the guilt or limo
cence Of the defendant.
Matt Miller Of counsel for the defendant
closed the argument for the motion. Mr..
Miller argued strenuously that the verdict
Of the jury was not supported by the evil
dence; that the testimony that Mrs. Lille
was dealing on the Board of Trade ought
not to have been admitted in evidence,
that IL she did deal on the Board Of Trade
II had nothing to do with the murder OF
Harvey Lille, but admitted that II might
create a bare suspicion against her and
asserted that the jury was mislead and
dealt more with collateral evidence than
with the real evldenciary matters. Judge
Miller said it was error to admit in evil
dence the results of the experiments made
on the curtain, window and screen as to
the distance powder burns would be pro-
duced similar TO those on the curtain and
glass in the Lille residence, that this
should have been expert testimony; that
1t was error to permit DR.. Beede to testify
as the first witness for the state, for the
| rpasnn that witness ~ NOT tho Hrsf por
son who saw Lille after the shooting and
further that DR.. Beede was permitted to
testify that the conclusion Of the powder
produced a fracture OF the skull, thus in
dicating that the gun was very close to
Lilies skull when the shot was fred.
Court took a recess until 1880 tonight.
Not Many Present.
There was but a small audience in the
court room when the hearing on the mo-
tion for a new trial in the Lille murder
case was resumed in the district court
this morning. Mrs. Lille was brought
into the court room at 10:4O, accompanied
by the usual retinue, except Sam Lille,
who was not present during the forenoon.
Mrs. Lille has the appearance Of being in
perfect health. except being somewhat pale
from her Incarceration since February 3,
1908.
When Judge Good continued the hearing
on the motion for a new trial to this date
he entered an order that all af1davits in
support of the motion for a new trial
should be filled by April 6. Notwithstand-
ing this order counsel for the defense filed
four afidavits this morning. Counsel for
the state objected to this, but were given
until this evening to rebut those afidavits
filed this morning, and the hearing COM
menced.
The afhdavits hled this morning were
claimed to be on newly discovered evil
dence. A. L. Hughes ard James Clark
make afidavit as to the finding OF a re-
volver in an old we'll about 100 feet from
the Lille residence. Mrs. Corda A.. Ball
make afldavit that on the gath day Of oc-
tober, 1902, she found a shirt in the alley
near her residence with the initials &C.
and "S' on It; af1ant also says that there
was several spots on one Of the sleeves
and wristband thereof that had the ap-
pearance of blood stains. Mrs. Ball says
that she gave the shirt to one L. c. Rem at
his special request. The residence OF Mrs,
Ball is about FIVE blocks from the Lille
residence.
Shirt Matter Not New.
When the eoroner's jury was holding the
luQuSbI a lnOIOuBu anu complete lnNeSll-
cation was made as to the finding Of this
shirt and they could not in any way con-
meet it with the Lille murder for the
reason, II the statements made by Mrs
Lille were true, the man who did the
shooting never touched Harvey Lille after
he fired the fatal shot, and 1t was an i'm,
: possibility to get any blood stains on hii
clothing.
Mrs. Lille also makes afndavit and says
she Is entitled to a new trial on the GROUND
Of newly discovered evldenue, in the hndlnl
; Of the revolver and the bloody shirt: she
1 also AYERS that from the description of the
revolver given her that she verify believes
thai said revolver is the one with which
said murder was committed. Mrs. LiIli,
> also says that the finding Of the shirt b,
I Mrs. Ball was unknown to her or her at.
e torneys until on or about April 10, 1908.
The attorneys for the state have hlet
sfhdavits completely %refuting the afRdavitt
filed by the defense as to the Jurors, Hill
E ger, Pool and Carlisle. The afidavits as t
n Juror Pool are especially strong and sup
port Mr.. Pool in every way, and show Il
, the court conclusively that he is an hon
orable, upright citizen In every respect
! and the allegations that he swore falsel,
u on his voir dire examination are false.
County Attorney Evans opened the argu
n ment In opposition to the motion, MAXIM
n a strong, forcible argument, and by au
thorities cited showed to the court that
new trial could not be granted on tn
showing made by the defense; he was fol
: lowed by Senator Hastings.
lCHAMR0CK MACTC0EC