Omaha daily bee., 1905-12-07
GROVE OPENS IN DEFENSE
First Two Witnesses Give Impression the
Detectives Started Firing,
END OF PROSECUTION CONES ABRUPTLY
County Attorney Calls to stand only
Nine of the Twenty-Five Wit
nesses Endorsed in the
Information.

state rested in the Grove case shortly De-
fore noon Wednesday. Attorneys English
and Ritchie, for Grove. said they would
endeavor to have some of their witnesses
present at ? o'clock. They then produced
two, Archie HAZEL and David Brown.
They testified and the court took recess
until Thursday morning to give the de-
tense further time. The state had only
used nine of the twenty-five witnesses
indorsed on the information when County
Attorney Slabaugh announced that he
would rest
Archie HAZEL, living at 1908 North Twen-
ty-sixth street, South Omaha, was the first |
witness for the defense. He is employed |
by Swift and Company and was passen-
ger on the car on which the three Dams |
of the detective force rode to the scene |
where the battle occurred on June 9. They |
sat in the seat behind Hazel and he said |
that one of the officers had his hand on
his gun or was in the act of drawing 1t
as he got off the car. He did not see any
men standing in the street as the car came
to stop and said the first shot came
from the direction of the rear of the car.
He did not see any shots fired from the
west (where the prosecution has located
Crowe) as the car stopped, but admitted
on cross-examination there might have
bt6H SOillt NibLbul MN StSiilb tiiN
1t was a cloudy night he thought, and
he made the number of shots twelve to
fifteen.
Browns story Similar TO HRSelPs.
David Brown, a horse dealer of South
Omaha, was also on the car on the night
of June g. He was standing on the rear
platform, leaning against the rail. He
heard one man step up to the car and tell
| no hac n off.
The men who got Off started shooting at
once, he said, and he saw at least four
| men firing He did not see either Murphy
| or the man who was with him when the
car slowed down. He said it was rather
| dark night possibly raining little. Cross
examination resulted in no change of his
evidence, except to show that his observa-
ton of the actual occurrence, as told by
others, was a trihe faulty. Brown ad-
mitted he wanted to get away from the
scene rather than closer to the shooters,
At the conclusion of this testimony, Mr..
English, for the defense, moved for ad-
journment until Thursday morning, as they
had been unable during the noon recess
to get any more of their witnesses in court.
Judge Day granted the request.
1 Line of Defense Outlined.
The defense evidently will be along these
lines;
That there was nothing whatever about
the four men alighting from the street car
to indicate they were police officers. -
That the detectives may have fired first
and that the man who escaped fred in
self-defense
That the man who escaped was retreating
as he fired and trying to get away.
That Oficer jackson may have been ac-
llNl1 I'LL, H.
brother officers. The evidence indicates
their training as marksmen has been neg
lected.
The first witness Wednesday was Dr. ]. E.
Summers, jr., who told of treating the
wounded policeman and described the
wound. He said on oross-examination the
stiffness of the leg will wear off in time.
AS to DETECTION of the bullet, up or down,
he could not state.
William E. Tinney. with Armour & Co.,
was on the car which carried the policemen
to the scene of the shooting. He saw only
one man standing near the sidewalk as the
car stopped, whom he recognized as Frank
Murphy.
Judge Day sustained, for the time being.
an objection to letting witness repeat
! something Frank Murphy said, on the
ground defendant was not shown by wit
ness to have been present
; On cross-examination Mr.. English brought
: out that none of the officers had anything
about him to Indicate he was a policeman
| He reiterated he saw only one man stand
y ing on the street when the car stopped
e and that man was Frank Murphy. He
thought about twenty shots were fired in
ali.
; wyoming Man a Witness.
Harry Collins, now of Woodrock. wyo.
. was in Omaha the night of the shooting
= and was walking near the scene. He
: heard one man standing on the pavement
; say to another: Frank, you get on tn,
car" He said the man who spoke freC
the first shot as the street car slowed up
The other man. he thought. attempted Il
= get on the car. The man who fired frs
had been sitting on the curb and had locke,
at him CCollins) over his shoulder when h,
passed.
Asked to identify the prisoner, Collin
could only say the resemblance as to built
D was something similar to that of Grove.
n The retreating man fired five or six shots
q witness said, and fifteen or twenty in al
were fired Several men passed him goin
= north just the shooting ceased.
Z On cross-examination Collins said h
heard Oficer Jackson say, I'm shot,
Ia after the firing. Witness said two or thre
lFOL Lne Oulcels ran past ilIllt gong nOrtf
but came back shortly with another mar
who went up TO Jackson. This was Fran
Fogg. he said
In this matter OF the supposed runnin
&c away OF two officers, County Attorney Sls
baugh insisted they were going to a tel,
phone to call the wagon for Onicer Jacl
- son. He was not allowed 10 show this b
evidence, however,
l., The state rested at conclusion OF Collin
- - testimony and court adjourned to D. m.
Two Of Groves sisters, Mrs. Connors {
South Omaha and Mrs. Thomas F. Gnle
-, of South Dakota, were In court Wednesda
ard In the intermissions they visited wit
the defendant. AS the case progresses
., appears to become more cheerful over Il
III outlook.
ha Yesterday was the big day for atten
ance, the court room. large as It is, beir
ha uncOmfortably crowded, especially durir
"a the short afternoon sitting. Probably
he women had seats at different points, Sc
nm eral being given seats in the baililf's e
closure. After the court had been a
be journed these women, with big majori
900 Of the men. remained TO gaze at the not,
OF prisoner while he consulted with his a
~. torneys. They did not leave until Croy
,ilI had been escorted back TO the jail.