Omaha daily bee., 1909-02-13
COODELL WILL TAKE STAND
Man Who Slew Edna Kennett Will
Testify for Himself.
DEFENSE SCORES SOME POINTS
Testimony OF Friday Morning Goes TO
show oueer Behavior and ABnor-
NAL Physical Condition
OF Defendant.

OF Defendant.
Van Goodell Is expected to take the stand
in his own behalf this afternoon and will
testify that he knew nothing of the death Of
Edna Kenneth until he was informed next
day that he had shot her.
The testimony of the prisoner will follow
that OF numerous other Witnesses in his be-
hall, prominent among whom Friday morn
ing was his father. Stephen Goodell. HIS
sister. Abbie Goodell, had been the leading
witness Of the afternoon previous.
Altogether the defense scored some points.
stephen Goodell corroborated his daughter 6
statement that he had been a heavy drinker
for many years and before the defendants
birth. DIR. Arthur b. Adams. a Florence
physician. deposed that Goodell had been
suffering from nervous tremors and unco-
Ordinated movements Of the hands and body
muscles at noon the day of the shooting,
and J. II. Peterson, a bartender Of
Florence, gave evidence about queer be-
havior of Goodell in the past. Goodell was
accustomed, said Peterson, to taking a chair
into the corner and sit there. head sunk on
breast. for long periods. Then he would
suddenly get up and dance and sing.
The Friday morning session began with
a pro-formal objection on the part of plain
tiff's counse to a session on the trial being
held on Lincoln's birthday. Judge Sears
declared that IL there was any reason TO be-
lieve that Friday was a legal holiday he
would ADJOURN. Attorney Siabaugh replied
that he could not so show, but that during
a trial a defendants counsel might register
many exceptions on the spur of the mo-
ment which might later prove of value to
his chent'-in other words, in the event OF
an appeal to a higher court.
Counsel An Clash.
There was one clash between counsel dur
ing the morning. The county attorney was
examining Peterson. the bartender, and
speaking with reference to Goodeli's leaving
Omaha, inquired. This was after he had
cut "a man up?"
Il object" shouted Slabaugh. The prose-
cutting attorney is making this reference,
which is not in evidence, with the sole view
OF prejudicing the jury and trying to drive
this man to the penitentiary."
Il am not driving him to the p~eniten-
tiary.'' replied English with emphasis on
the word ''penitentiary,' and the answer
was generally interpreted as meaning a
death penalty was being sought.
James Finney was another witness of the
morning. He was brought in to testify
that he and Goodell were shaved the even
ing Of September 3 in a Florence barber
shop. This is to nullify the testimony of
]. II. Andrews, who deposed that he shaved
Goodell in the afternoon in his shop across
the street from where Edna Kennett lived.
Abbie Goodell swore Thursday afternoon
that her father had been a heavy drinker
I all his life and for the last ten years had
haan an hahituaI drnnEard
The girl made the statement without
flinching. but her words made every man
and woman within earshot CULVER, for all
knew that the girl was utterlng this in
dictment OF her father 70 help save from
the hangman's moose the neck Of his son,
her brother.
HaliucinatiOn VividIy Narrated.
Through the questions of his counsel
Miss Goodell wildly related all the Incl
dents she knew which might be deemed as
helping to establish the defense Of in
sanity. She told of one scene at her home
in Florence;
II heard a sudden loud noise i'm the
kitchen and running in saw Van standing
there, his eyes staring as though someone
was near him. The room was empty. Van!
Van! l called to him.
He paid no attention. Speak to me,
Edna he cried. Speak to me-!
II told him no one was there. but he
did not heed. Suddenly he jumped as II
to catch her, and then shouted, See how
fast she can run!'
ivan then ran out of the house a. If
pursuing someone"
Besides her testimony about her father,
which included a statement that ne had
been a heavy drinker before her brothers
birth, Miss Goodeil swore that Goodell had
always been nervous and that her two sis
tiers were subject to frequent attacks Of
nervous prostrstion.
Court Ruling Battles Defense.
But Abbie Goodelrs sister was not per-
mitted TO say much about his state Of mind
with reference to Edna Kennett. the girl
he killed. From witness after witness Judge
Siabaugh Of the defense attempted TO get
an answer to questions about what GoodeIl
thought OF the girl or how his relations
with her affected his mind. but the wit
nesses were not permitted to answer these
questions. Every objection raised by County
Attorney English along this line was sus-
taIned and the defense had exceptions by
the score noted in the record. II the case
goes against Goodell there will be an ap-
peal 10 the supreme court OF some length
made by the defense.
w. u. Thompson. in whose home Gooden
lived for two weeks in Florence, told the
Jury how GoOdelI stole from the house one
night with a shotgun, one OF two which
Thompson had put In Goodells room after
the latter had coma there, in order to get
the guns out OF the way downstairs. He
followed Goodeil when he found the loss
ana tracked him to the car tracks. In a
weed patch GoOdell lay asleep. He had
lust missed q car downtown. Thompson got
the gun away. He testified that Goodell
acted aueerly and this had been noticed as
soon as he came 20 the house. The county
attorney on cross-examination brought out
the fact that Thompson put the guns in
the room after the time he claimed 10 have
discovered that Goodell seemed queer. :"