Daily press. [volume] (Newport News, Va.) 1896-current, 1908-04-29
Dan Waterman Produces The KnIIe,
and Illustrates Manner
Of CuIIIpg.
0THEo. nElhFR's WIDOW FAIaEs
During the Recital of tho Tragedy.
the ncrcavcd Woman Was Carried
From Court Room In Unconscious
conditfOn-Accuscd Declares That
the nBrotbcrs Attacked Him.

Holding In his right hand the knife
+ with Which he did the cutting. and
knoeling on the floor OF the witness
stand, near Judge Barhnm. Dan
Waterman showed the jury in the
Corporation court yesterday after.
moon how he stabbed Theodore and
Z George Helmor In William Smcdloy's
saloon BOO Huntington avenue. on
the evening OF August On. 1907. Dur.
ing tho recital the widow OF the dcnd
man falntod ana was carried from
the court room. She had listened to
lhe trinl with great cnrnostncss fire..
quently showing emotion, and when
the accused calmly lluslruted the
manner In which he had morlanv
wounded her husband she COLLAPSED.
Waterman took The stand on his
own behalf late In the afternoon and
when he had brought his story OF
the trouble between himself and the
Helmcr brothers down to the point
OF the fight In the saloon, his attor.
! ney, Z. @. Mitchell. produced the
4 knife, which the accused said he uacd
on The men, II IL Il wooden handled
twoihadcd ,jacloknifc. the longcd of
the blndos being about Two ana one.
half Inches In length. The iIclmor
nro,hers wore stabbed with that
blade w
AZ his first trial several mouths
ago when he was charged with Tho
5 murder of Theodore iolmcr, Watcr.
man did not take the stand. nor did
MS counsel admit that he did tho cnt.
ting. For this reason considerable
surprise was felt by those In tho
court room when the accused was
sworn. Tho knilc was not produced
nc Tho first trial, IT then Icing In the
hands OF Attorney Mitchell. Tho
commonwealth Introduced steel.
uirk-like Instrument as Tho woapnn
usedshG Wnic3ipn but at the time
Z che physician %ho attended Theodore
Helmor testified that tho wound In.
,lletod upon the man could not have
been made With that weapon.
Goco to Jury Today.
Watcrmnn's case will 20 10 Tho i,iry
sthis afternoon. The taking of tho
evidence in the case was completed
late yesterday afternoon, and Com.
mopwealtlrs Attorney Berkeley sub.
< mitted instructions for the jury To
tho court. Attorney Mitchell win
submit instructions this morning and
the instructions viii then DO argued.
~ Is expected thai tho argument be.
fore the jury WI tcgin before noon
iouay null ii should te liniahcd early
IN the attention SIS, ion.
~ On taking Tho stand Waterman
told nt tho ilrN d'lruitv hn had With
George liclmcr This occurred in
IN Snled'oy's saloon In July. 1aO7. tho
men having engaged N an argument
regarding thor ages. No blows
were passed on that Occasion. but n
week or moro later the witncss said
Il he was attacked In Smcdlny's place
hy George Hemer. Waterman threw
iielmer down and held him on tho
lloor for few seconds, but ala not
MT him. Later he let Helmcr I'M
and left the raloon,
On The evening that The cutting or.
cured, witness said That on leaving
the shipyTd at G c'clocl, hr met Dan
Morning and Charles Campbell. and
they invited him To have n drink be.
fore he went home. Tho three
s started for Smcdlcy's saloon. hut
when lust outside of the niacc. they
met Smedley and the saloon kccncr
told Dan that the two lIelmer pro
TIERS wore in the saloon waiting 10
make trouble with him. He renlied
that there would be no trouble MS
he was suing IN 10 ~; one glass of
beer and then so homo To super
Brothers Attacked Him.
IN cntcrlng the saloon. The witness
sad that he saw the Holmer brothers
4 mar the rear end of the lar. Water.
man lined up to he bar near the
swinging doors and drank n glass of
4 beer. ~ that point In his recital.
y Waterman left he witness chair and
Showed the jury the relative posl-
lions of himself and the tlelmer hro.
teers He went on TO say tlSh af-
ter taking the drink he tnrncd 10
leave the place and as he was near.
Inc the swinging doors. George Hell
nler struck him behind tha bend and
felled him 10 the floor here tho
s Ml.ness showed the jury how he fell
! to his hands aid knees.
He declared that both of The bro
Tiers tiion Jumped on him. kicking
nm in The face and about tho body
and punching him on the head. DC
clarlng that he believed that the men
Intended TO beat and kick him ia
death, the witness said no reached In
70 MS trousers pocket and pulled .nii
n DIS knife. Opening the knife. The
witness said he first stabbed Theo
aoTe iHelmer, who WAS bending owe,
Ma left side. and then stabbed
George Heimcr- who was on the rieh