The Norfolk weekly news-journal., 1908-02-28
STATE RESTS CASE
DEFENSE TAKEN Up
PROSECUTION is FINISHED IN
THE 8ocHE TRIAL.
JURORS EXAMINE REVOLVER
JURORS EXAMINE REVOLVER
GUN GOES TO JURY AFTER SHARP
LEGAL CONTROVERSY.
5ocHE WAS AFRAID OF MOB
After Arrest He Seemed to Fear Be-
ing Attacked - Defense Makes Ef.
fort to lmpeach Testimony Of Lee
Vroman, the Hack Driver.

fort to Impeach Testimony Of Lee
Vroman, the Hack Driver.
Madison, Neb., Feb. 81. - From
staff correspondent: The state rested
its case in the Boche murder trial at
o'clock this afternoon.
The following witnesses had been
called in the prosecution: Lee Vro-
man, the hack driver; Dr. p. II. Sal
ter, who was summoned to attend Jar
mer after the shooting; Edna Ingham,
mistress of the resort; Grace Cole, an
inmate; ]. II. Conley, constable, who
arrested Boche week after the kill
ing.
The court room was again crowded
TO its capacity this afternoon. 1t was
Norfolk day" to certain extent,
forty people having come down on the
noon train and more during the after
noon.
When Edna Ingham finished her tes-
timony before noon, Grace Cole was
put ON the stand. She testified that
there had been ten or twelve people
in the house during the evening and
part of the night, but at the time of
the killing no one was there but Jar
mer, Boche and Vroman, the hack
driver. She heard no shots but did
hear Edna lngham scream. She ran
out and saw Boche going down the
road, carrying something that might
have been the revolver. The hack
or OF
farmer had been dragged up on the
porch. Her testimony was immaterial.
j. II. Conley was called for the state.
He never had a warrant for Boches
arrest, but made the arrest about
week after the killing. After the az
rest, driving to the Boche farm, he
said Boche went into the house and
got the revolver with which he said
he had shot farmer. This evidence
was introduced for the purpose of get
ting the revolver before the jury.
Fight to Get Gun Before Jury.
After the lunch hour, legal battle
waged until o'clock over the matter
of placing the revolver in the hands
of the jury. Finally the court ruled
in favor of the state and the gun with
which Boche slew farmer was passed
around, the jurymen lingering it as
il went from one to another. Judge
Welch had ruled several times that
the revolver could not be placed in
the jury's hands, as it was not proper
evidence. Finally, however, the state
brought up a question bearing on the
construction Of the weapon with which
Boche killed farmer And under this
phase of the question, for the purpose
of allowing the jury to see how the
weapon was constructed, the gun was
passed around among the jurors. The
defense made objection to this ruling.
Conley said that Boche seemed to
fear he would be mobbed and the wit
ness had assured the prisoner that in
case of necessity, the gun would be
used to protect Boche.
: The defense recalled Vroman for
the purpose of impeaching his testi-
mony. Vroman was asked: Did you
meet Mr.. Conley the day of the pre-
liminary hearing and say to him, Il
am going to do all can to send him
TO the penitentiary" mo"
did you, a week later, in front OF
the Kaufman restaurant say: 4
am going to do all can to help Jack
out (meaning the county Attorney
NO"
Did you, in the presence of William
Stokes, on the morning of the shoot
ing, say that you were afraid Boche
was going TO kill you and that you
had come away without stopping to
see where the shots came from?''
No"
Conley was recalled and said he
met Woman the day of the prelim-
mary hearing and that Vroman had
said: Il am going to do all | can to
send him to the penitentiary."
Conley testified that sometime later
he met Vroman in front of the Kauff-
man restaurant and Vroman said: IL
am going to do all | can to help Jack
out" This last bit of evidence was
ruled out, because Conley was not GER
tain as to the exact date, while the
~>guestion put to Vroman had specified
about a week later
Conley was followed by William
Stokes VINO was asked Wnetner OF not
Vroman told him on the morning OF
the shooting that Vroman had hur-
ried away and had not stopped to see
where the shots came from. On the
ground that this was immaterial and
that not sufficient basis had been laid
for the question, Stokes was not al.
lowed to answer.
Recess is Taken.
After this a brief recess was taken,
to give the defense opportunity to
confer. Technically Conley was the