Omaha daily bee. (Omaha [Neb.]) 187?-1922, 1906-02-15

OF not as sne dld not nave ner spectacles
with her. For the same reason she could
not tell whether she had ever seen them
before or not
Richie Rebuked by Court.
Judge Sutton administered a rebuke to
Mr.. Richie while she was on the stand.
When she declared Grove was not the man
who rented the property Mr.. Richie looked
over toward Mr.. Slabaugh and asked tri-
umphantly, Now how do you like that?
You don't seem to like it, do your? Here
the spectators laughed
Now Mr.. Ritchie," said Judge Sutton
interrupting the attorney this case will
have to be tried the way it ought to be or
the court will have to make inquiry as to
why it is not 1t can't be made a show for
the entertainment of the public.
Matt Rutherford, bartender; Walter Pat
ten and Hazen II. Hunkins, a Union Pa
| cic stenographer, were placed on the stand
and testified they were in the Diamond
saloon and heard Glynn say in reply to a
question by Rutherford that he was for
Grove and he would testify that it was not
Grove who came to the barn. They all
testified he also said he went around with
the detectives for the money there was I'm
1t. The evidence was offered to impeach
Glynn's testimony, which was to the effect
that 1t was Grove who called at the barn
the morning after the kidnapping and called
| up Mr.. Cudahy by telephone
After Mr.. Hunkins had left the stand
Mr.. English offered in evidence the COM
plete record Of the Callahan trial. but
the court sustained the objections of the
state to its admission
! The jury then retired and Mr. Richie
began arguments to the court on the in
structions he wished to have the court
give to the jury at the conclusion of the
case He contended the court should ad-
wise the jury that the securing of money
by putting in fear of a third party did not
constitute robbery.
Grove Does Not Testify.
Inc announcement made by Mr.. Richie
at the beginning of the afternoon session
| that the defense would not put Pat Grove
on the stand and would rest the case as
! far as evidence was concerned disappointed
the record breaking crowd that was in the
| room In hopes OF hearing the defendant
| The jury remained out of the court room
"hile the arguments on the instructions
asked for by the counsel were heard by the
court Mr.. Richie asked the court to in
struct as to the slight value to be given
confessions unless corroborated and to the
testimony of police officers
! Mr. Slabaugh and Mr.. Fitch both re-
! sponded principally on the question of
whether the crime proved constituted
technical offense of robbery or not. Be
sides citing number of authorities Mr.
. Slabaugh contended that question had been
decided twice once In the Callahan robbery
! case and once in the trial of Callahan for
! perjury The arguments closed at $3.50
o'clock and the jury was summoned As
soon as the twelve men had filed into the
room and taken their seats Deputy County
Attorney Fitch began his argument
Fitch opens Argument.
! lie stated at the outset that the state
was charged with proving first. a crime had
been committed, and second, that PAT
! Grove had committed the crime He spent
little time in preliminary remarks. but took
up at once the story of the alleged crime
as told by Eddie CIdahy He asked the
jury to note particularly young Cudahy's
description Of the gasoline stove with the
scroll work and an X-shaped figure at the
end. two burners, a red tank and a drip
ping pan near the floor which he had seen
| while a captive. He then turned his atten
ton to the testimony of the elder Cudahv
to show that fear for the safety of his son
prompted him to give up the money.
He dramatically rected the fact OF the
| letter being picked up i'm the Cudahy front
yard and declared that fear and anxiety
| were shown by Mr.. Cudahy's refusal 10
listen to the advice Of Chief Donahue and
General Gown not TO comply with the de-
mands of the letter He reviewed in some
detail the getting of the gold from the bank
and traced its course from the time Mr.
Wallace turned it over to NJ Sears until
it was deposited by the side OF the lantern
on the Center street road. according 10 the
testimony Of Mr.. McGrath. The Testimony
of Mr.. Cudahy he said, was corroborated
by that of William Wohlers, who met the
Cudahy buggy returning from Paddock's
grove and by the story of the Book bovs
who found the lantern with the black ,ih
bons attached to 1t the next morning. He
said there was not witness 10 throw
doubt upon the story.
Groves Alleged Connection
He afterward took up Groves alleged
connection with the ki0aaping and pointed
cut he had been identified as one of the
two men who had rented the cottage in
Happy Hollow which was abandoned after
the police had raided IT, The other man.
he said, had been shown TO be Callahan.
People living about the cottage on Grover
street had Identified him as one of the men
seen around there just before the kidnan-
ing. Callahan. he asserted, had been shown
TO be the other man. He then discussed the
testimony of Mrs. Lena Wrieth who lived
near Mrs. Kelly's house. She had testified
that Grove was the man who called fire.
auently to see Callahan under the name