Rock Island Argus. (Rock Island, Ill.) 1893-1920, 1909-06-15

Ger fearsOn ana LOOney came up.
The chief told of finding footprints N
the ravines. He went to the home of
Albert Meyer, and Mr.. Meyer gave
the description of man he said ne
had seen going down Seventeenth
| street a few minutes after the shoot
ing. He described this man as wearing
i black stiff hat, salt and pepper
coat, and dark trousers. He said the
man was smooth shaven. The chief
testified that Looney asked Mr. Meyer
whether it was Wilmerton. and Mr..
Meyer replied that it was not, and that
he could recognize Mr.. Wilmerton i'm the
dark. Looney asked then if Mr. Meyer
knew Robert Cox, and Mr. Meyer said
he did, and he was certain that the
man he had seen was not Mr.. Cox,
either.
| On the completion of the chiefs evil
dence the case was continued until 3
O'Clock this morning. when the states
case was closed with the evidence OF
Officer Sidney Pearson, who told of the
search made Sunday morning and the
finding of the oilcloth and shells.
| Calls Ii Frame Up.
| The defense then made a motion 20
dismiss, Mr.. Kelly in his argument
maintaining that the whole affair was
q well rugged up plot an ''ingenius
frameup,' and that Looney had for
gotten part of his job when he failed
to tell DR.. Paul that it was Wilmerton
who had shot him. Mr. Kelly ridiculed
L he hot n
the man in the weeds as Wilmerton,
with the existing light and the condi-
| tions at the time, and pointed out that
Looney had not found" holes in his
Clothing until the next morning. He
pointed out that the shot was supposed
to come from the right of the road
while the supposed holes of the bullets
in Looney's clothing were OH the left
side
Magistrate Smith denied the motion
TO dismiss, and suggested that Mr.
Meyer be called
Man Mr.. Meyer Saw.
Mr.. Meyer was the first witness
called for the defense His evidence
pertained TO the man whom he saw
ing. and whose description shows
iconclusively that it was not the de-
PENDANT. Mr. Meyer resides at 1905
seventeenth street. He was in bed
at the time the shot was fired
but he Immediately arose and
went to window on the south side
of his house and peered out into the
Id 10 MI
so he went TO a window on the south
side but again he saw nothing. Then
he thought that possibly he was mis-
taken in the direction of the shot and
accordingly he went to the front of
the house and there he saw a man lust
walking from the street to the west
sidewalk. This man came directly
from the place where the gun was
found the next day and he was appar-
emily in great hurry Mr.. Meyer
watched him so north on Seventeenth
street until he passed the arc light at
the intersection of Twelfth avenue and
Seventeenth street He had a clear
view of the man and as he is &C
quainted with Mr.. Wilmerton. he was
able 20 say positively that the man
he saw was not the defendant. He
described him as being of stocky build
about 160 pounds in weight and
dressed in light spotted suit and
derby hat. Assistant States Attorney
Harry Schriver i'm cross examining
sought TO show that he was not as
well situated to see the man as was
Looney when, as he claims, he was
/ fired upon.
WiImerton Was In bed.
Mrs. ]. w. Ward. neighbor of the
Wllmerton's. was the next witness
called by the defense Her Testimony
and also that of William Sprague, an
employe at the residence, and w. w
Wilmerion himself was to the effect
that Wilmerton was a. home at the
time he was accused of having fired
the shot at Looney.
Mr.. Wfhnerton himself stated on the
stand that he was in bed at the time
and had been from S:15, at which time
he retired. He positively denied any
knowledge of the affair.
Arguments Are Brief
The attorneys rested their cases
after brief arguments i'm which
Mr.. Schriver. the assistant states
attorney, asked that Wilmerton
be bound over to the grand jury. Mr..
Kelly again declared that the whole
thing was a franeup on the part of
Looney and said that the entire case
of the plaintiff rested on the state
ment made by Looney that it was vii
merton who fred the shot. He asked
that the case be dismissed Magistrate