Daily press. [volume] (Newport News, Va.) 1896-current, 1908-04-28
Commonwealth Can Prove No Great.
er Crime Than MansIaughlsp.
THEODORE HfLMER ON The STAND
Big Man Breaks Down With Weeping
While Telling of the Killing of His
Bro'hcr-casc May go to Jury To-
day.

1 WV" t'"lH .CoulSlnb uoWn MS
checks aud his voice broken by sobs.
George lIclmcr told the jury in the
CORPORATION Court yesterday of the
killing of his brother. Theodore Hell
incr. and the stabbing of himself in
fight in William Smcdlcy's saloon.
t 1900 Huntington avenue, ON tho even.
Ing of August 30, 1907. Dan Water
man. who for the second time Is on
trial for the killing and who sat with
his attorney. Mr. c. c. Motchell. al
most directly IN front of the witness.
showed 10 emotion OF any point dur.
Ing lIcimer's recital. which consumed
upwards of three hours.
Watcrmnn's trial hogan yesterday
morning. st his first trial several
months ago he was convicted OF vol
untnry manslaughtcr and sentenced To
two years In the penicntlary, but the
verdict was set aside as contrary to
the law and the evidence. He is now
on trlal for voluntary manslaughtcr |
the penalty for which is from one 10
five years confinement In the state
penitnctlary.
Tho members of the jury arc: C. II. !
Thaycr, w. Y. Dunton. w. p. Ballard
w. II. Ball. H. p. Rowcll. John I. Cot |
troll, |. S. Moreland. Il. C. Shield. John
l.. Sibley. Il W. Judiins, A. L. Soalcy
aud r, g. Rain.
MIR. Stanley Soft is assisting Com.
monwcarh's Attorney Berkeley in the
prosecution
Jury Quickly Secured.
Very lplc time was consumed In i'm.
pancllng jury l6 jurymen being sc.
lectod from the first venire. Four of
the i6 men were stricken from nc
/ list by the attorneys and The trial be- |
gan. Although only four of tho 10
wlpesses summoned by the common
wealth were nut on the stand ycstcr-
day, 1t Is expected that the case Will !
20 to the jury either this evening or
early tomorrow. The defense ;ips
eight Witnesses Summoned. but u Is
! not EXPECTED. that all of them vii no
placed on the stand,
sitting among thF- few spgfat2rs
gathered outside oflthe raiiG whc,
court opened were TIC wldoyand two
little children of Thfodo'e felmc.anl Z
George Hclmer's fife Dan Wacr n
mans brother and sistT elso very hi
present. r.
! Dr. w. ronnc hyirtt was the hrft w
! witness called y the staml lNlH' re
tcndcd TheodordHelmer a; 81. 'a1F' hi
hospital after dc cuttin- nccurid.
He testified agto the natr"e of ~ /.
wound. dcclarhg that apparently 81,
had been map ty SHARP Nnds Y
dirk like insgln"'; the lade en'cf 90
ing about tly ,r!tl,,le II 80 h,ds nnt,o,
tisi below i;iH rA"- ribs. aud that
/ 1t rcnciraIl r.a abdominal cavity
cutting thi WI clcs and liver and7
grazing ~ stomach.
Beginning of Trouble.
George Helmcr was the mex. wit.
ness In response to questions from !
Commemorative Attorney Charles G.
berkeley no told OF the troubles tina!
had existed between himself ana Wa
! terman previous to the killing. The
trouble began in Smcdlcy's saloon in
ljuly, Waterman teasing young maui
who was visiting Helmcr and who on
the day in question had been to the
jamestown Exposition with iiclmCr.
Witness said that lie told Waterman
10 let the young man alone and thnt
q quarrel eusucd The result was int
Waterman struck him and knocked
him down > Iielmcr mad been drink
Ing heavily that day ard was in ~
/ IN, hn
! LEI the matter drop. Thereafter ev-
cry ime Waterman saw FIcmer he
would 'snecr' at him.
On The afternoon of tho killing. tho
! lieimcr brothers stayed at home from
work AT tho shipyard and went shoD-
ping They had several drinks. and
+, late in the afternoon they went in,a
Lefkowitz's place. There they mot
SmcdIey and at his invitation they
went into Smedlcy's saloon. Since
the trouble with Waterman. George
Hcimcr had kept away from the place
TO avoid further trouble. On arriving
i ut Smedley's they played three games
of pool They finished few minutes
=, after o'clock and went ta The bar TO
get drink. While there, George saw
Waterman standing near the end OF
tbs bar next tho entrance. Waterman
/, made some remark which Holmer
, could not hear and later Waterman
{ "snccrcd' at George Helmer. water
man Immediately turned to leave The
place and as he did so. the wltnoss
struck him, foll'ng him to the floor
: The men clinched and went through
the swinging door into the lobby. Soy.