The Telegraph-courier. [volume] (Kenosha, Wis.) 1888-1946, 1907-04-04

dnced ia court. 1t was stated that
the tank had been taken from the
plant by District Attorney Baker and
two of his officers, and it is evident
that they made a careful selection.
The court ruled that a tank in perfect
order would be competent as an exhi-
bit In the case, and it is probable that
one of this sort will be introduced on
Monday. Not single question was
asked from the witness on the stand.
State Makes Roadway
The state made more Roadway with
its case this morning and the Wit
nesses called seemed to bring out
more nearly the story as told on
former examinations. Coroner Andre
was recalled for short sweat by the
attorneys and he was asked to testify
IN regard to the clothes that had been
worn by Dreyer but he could give no
evidence. Mark Hansen was next
called and stated that the clothing
had been destroyed after the burial of
Dreyer but that the things that had
been taken from his pockets we're in
Court. Neither of the men,was cross
examined and when they cleft the
the stand Shelly Montgomery was re-
called.
Court Rules Out Compact
Montgomery was calledssfor the pur-
pose of showing the facts in regard to
the compact alleged sto have been
made between the three amen IN the
car in regard to keeping silent on the
story of the accident and as soon as
the questions of the prosecutor led
toward this point theldefense objected
and the jury was excused the
argument. After thesargument was
over Judge Belden held.with the de-
Tense that the evidence iusregard to
the alleged agreement should not be
presented to the jury on account of
the fact that Collier had not been
shown to have suggested the agree
nent but that it was made wholly on
the suggestion of. jackson who feared
for the effect of the story upon the
condition of his father. This was
decidedly hard blow to the state as the
district attorney had counted on this
having big effect on the jury to
show that the men had sought to con-
ceal all facts IN regard to the accident.
With this ruling of the Court Mont
gomery was released from the stand,
and the jury recalled.
Some Damaging Admissions.
Frank Jackson was then recalled to
the stand and the state won a notable
victory when it brought out the fact
that Collier as we'll as Jackson had
shouted, eve hit man.. This was
testified to by Jackson on a former
hearing and while he had not made
any special statement in this regard
on this trial the district attorney
managed to get the matter in evidence
after long fight. Jackson testified
that he did not know that the auto
mobile had been broken and was un-
aware of the breaking of the lamp
until several days after Dreyer was
killed. He insisted on cross exanlin-
alton that the car had run the entire
distance without showing any signs
OF being disabled and that not a
single stop had been made to repair
it. Jackson's testimony this morning
was decidedly favorable to the state
Charges Intimidation
John B. Smith was the next witness
on the stand and some sensational
facts were brought out in come ction
with his testimony. This was in
the way of the defense attempting to
show that Smith had been threatened
by the agents of the district attor-
ney. Smith testified that one of the
police officers of the city had told him
that Baker was after him and others
and that it might go hard with them
if they did not tell everything they
knew about the case. On the cross
examination Smith admitted that he
had been badly frightened by the Z
statements made by the officers and
that his testimony had been more or
less affected. He stated that he had
never said that the hole in the back
of the water tank had been made by
the nut on the fan and that he could
not testify to that fact at this time,
but that he was certain that there
was hole in the back of the water
tank. 1t was at this time that Lind
strom was called and the battered
tank brought into court. The coming
of the tank broke up the session of
the court for the morning.
What Must Be Proved
An interesting thing was brought
out by one of the court officials yes
terday afternoon in discussion of
the case, when he stated that there
were three things that must be proved
by the State without a reasonable
doubt.
First-That Dreyer was killed by
an automobile.
Second That this automobile was
driven by Ted Collier.
Third-That Collier was culpably
in driving the car.