Omaha daily bee., 1908-07-23
NO ORDER TO HOLD WOMAN
Coroner's Jury Simply Finds Mrs.
Banner Killed Brother-in-Law.
COUNTY ATTORNEY WILL ACT
English Had Expected Inquest
would Lead TO Recommendation
that Woman BE Held
for Trial.

we, tne unOeTslBntu hltllibNlS
coroners jury. convened to examine INTO mo
the causes and facts bearing upon the |
death Of Daniel Winfred Banner, upon our
oath do find and say that Daniel Wintred |
Banner came to his death as the result
Of a gunshot wound, said shot being iiIeo
from a gun In the hands hands a OF MIs; a. Streets
South Omaha, Douglas county, Nepraska'
on the evening Of the 10Th day Oh 'uiy'
'Is that all the verdict?" exclaimed
County Attorney English. who conducted
the examination into the death of Fred
Banner at South Omaha, when the jury re-
ported He seemed disappointed that the
jury did not follow with a recommendation
that Mrs. Banner be held to trial. The jury
came to this verdict within ten minutes
after It had retired, arriving from the jury
room about IL a. m. Wednesday.
Il will file a complaint in this case to-
morrow ard give Mrs. Banner her pre-
limnary trial Friday morning in all prob
ability" said Mr.. English.
The jurymen in the case were J. Z.
| Walker. Walter Duckworth, August Miller,
b. S. Abel, D. Bennett and L. II. Ruff
all Of South Omaha. The inquest was held
at Coroner Brewers rooms.
| The examination before the coroners
| Jury concerned the scene of the shooting
only. Just one hint of a possible motive
behind the deed came out in the evidence
and that was in the cross-examination Of
Frank Banner, the brother to the de-
ceased and husband to Mrs. Alta Banner
Frank Banner said
II saw my wife coming across the street
and called Freds attention to her. He
said: I don't want to talk to her."
Attorney II. c. Murphy asked the ques-
tion:
Did Fred, in your opinion, know what
she would be apt to talk to him about?'
II suppose he had some idea"
The attorney did not press the examina-
ton any farther in this direction.
story of the Tragedy
The story of the shooting was remarka-
bly, straightforward as told and cor
federated by all the witnesses examined
Frank Banners story was:
1 had telephoned to my wife during the
day offering her money If she wanted any
as 1 had intended to give her some sine,
we separated last Thursday She said sh'
needed the money, but did not know hov
to get 1t. l thought little about it. but OF
, fered to leave the money with her lawyer
!. but to this she did not consent. About
o'clock 1 left my mothers home, 2Sl4
street, and went down town to buy som
fruit After l returned at about 8:45
went to Fernlands barber shop and me
Fred. After meeting him we sat down o
the step in front of the shop and were sti
talking when l saw my wife comm
from the north on the opposite side OF tn
street When she came q opposite sh
: started across toward us. Fred said,
don't want to talk to her. so I started ou
to meet her 1 met her at the curb.
asked her If 1 could do anything for he
o and she said, I don't want to speak {
YOU, want to see Fred. She turned asid
and took something from a handbag.
a moment she raised her left hand an
'r motioned me away and stepped north {
IN me as I turned south, looked around ju:
E. as Fred partly rose to an erect positio
Is and made step as to-pass her and go int
he the barber shop. l heard the shot an
r saw my brother fall on his face on IL
'e brick OF the walk I ran to him and raise
in up his head, looked up at Mrs Banner &
ut she stepped backward toward the curb. 81
said:
o. Now, am satisfied
IL "Then called the police. did not SUI
he pect she had a gun. She never allowed OF
)n in the house"
at All Tell Same Thing.
e. This story without any variation We
n. substantiated by four young men who wei
ks sitting in front of the shop. The only d
i'll ference was that these young men did n,
hear any OF the words spoken. These wi
as nesses were Walter Dawson, Twenty-fourt
ms and D; John James Mulchy, George Rober
We son, 25lS F, and Orville Dunn, 2llO F.
hit Dr. Lavender. the pathologist, and D
ce w. H. Slabaugh held the autopsy and di
is covered that the bullet divided as 1t pass
ill into Fred Banners skull and about on
sic third passed between the bones of Il
h skull to the back of the left side of Il
ia head, causing a ragged wound and a slig
nut crack at the point of lodgment. The larg
lte portion of the bullet went straight throul
ire the brain backward slightly i'm direction
Ir. the opposite side OF the head. where
ey lodged in the skull wall. Five or six spill
en ters of bone were found embedded in {
brain. The destruction OF the functions
-or the brain was complete.
M Chief John Briggs testified that he
nd cured the revolver used that night at I
hts residence of o. ]. Winegard, where NJ
NO. Banner told him she had left it. She al
rrv told him that she had bought the gun frc
~ Peterson & Michaelson-
,u Mrs. Banner is still in the county jail
Ton Omaha. She did not attend the inquest, +
'rv did her daughter, Majorie King Mrs. Ba
~ ner is said to be in better physical con
VS., ton, having regained some of her lost co
~ ! posure, but no one is allowed to see
confer with her. The defense offered
testimony and the story back of the sho
~, ing was not gone into at the inquest,
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