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

it appears that the letter was not sent to
the priest to be kept a secret. 1t authorized
its disclosure to another Catholic priest
and of it's contents to Mr.. and Mrs. Cud-
ahy. II Father Murphy had considered It
confidential he would not have sent it to
Mr.. Cudahy."
In discussing the admissiblity of the
signatures Of Grove attached to the re-
ceipt for his effects given at the police
station ard to an affidavit filed in previ-
GUS case, Judge Sutton said he would adj
NIT the receipt because it was not docu-
ment required by law. Grove, he said.
could have secured his effects through an
agent or attorney without signing his name
or he could have resorted to replevin pro-
ceedings. In regard to the affidavit, the
court was not so sure. He therefore an
nounced he would give the defendant the
benefit Of the doubt and rule the affidavit
out. He gave instructions that all the evil
dence concerning the affidavit should be
stricken from the files and disregarded by
the jury.
Grove Sits with Face Down.
During the reading of the letter to the
jury the defendant sat with his eyes down.
cast and his head resting on his hand He
appeared to be affected by certain passages
relating to his desire to reform and refer
ence to his parents, but did not exhibit the
emotion he showed Tuesday during the
reading of these parts by Mr.. Richie
When Mr.. Fitch had concluded. the hum Of
conversation among the spectators was so
loud the bailiffs had to rap for order. The
original letter and the receipt which had
been admitted were passed around to the
jury for comparison.
At 1920 Mr.. Slabaugh announced the state
would rest, but Mr.. Richie raised objec-
lions, saying he wanted another oppor
tunity to cross-examine Frank Glynu
Glynn was called and in reply TO a question
said Friday of last week before he had
testified he had been in the Diamond sa-
loon at 1913 Douglas street. There he had
met Matt Rutherford and several other men
whose names he did not know and they had
conversed about the case
Did you not say in the presence of Mr..
Rutherford that the man who came to the
livery barn and used the telephone was not
Pat Grove, but Callahan" asked Mi.
Richie.
NO. sir"
Did you not say you went to Pacific
Junction and around with the detectives
for the money or cash there was in it,"
mo. sir
DID you not say you were TOT Hdt CroWe
and would swear II was not Pat Grove, but
Callahan, that came TO the barn."
NO. sir.
SIabaugh Rests His Case.
Rutherford, he said, asked him how lie
happened to he around the place and he
replied he was going to testify and the
, conversation about the case started. After
he had left the stand Mr.. Richie insisted
that the state call Mrs. James Schneider
wind but Mr.. SlabaGgh refused and an
| nounced he would rest the case.
The defense Immediately called Mrs.
Schneiderwind as the first witness. She
said she and her husband We're the owners
OF the Grover street house and she had
rented the place to the alleged kidnappers.
Look at this defendant here. Was he
the man You rented the house to?" Mr..
Ritchie asked
mo sir. he is not the man"
Mr.. Richie showed her the photographs
OF Grove used by the state to identify the
defendant but she said she could not tell
whether they were pictures OF the man