Los Angeles herald., 1909-03-14
GIRLS EVIDENCE
MUCH CONFUSED
MRS. DuDEN'S SISTER CONTRA
Diets HERSELF
MURDER TRIAL AT SAN DIEGO
BECOMES SENSATIONAL
State viii Attempt to Prove Defense
"PIanted" clews to Indicate
Struggle Which Never
Occurred
IBy Associated Press. ]

SAN DIEGO. March 13.-During the
examination of state witnesses this
morning, in the trial of Mrs. Effie Du-
den on a charge of numbering her
brother-in-law, Bruce Shelter, dis
pute as to the whereabouts of Mrs.
Duden's husband at the time the fatal
Shooting occurred arose through the
contradictory statements made by Miss
Eva James, sister of Mrs. Duden.
On the stand this morning Miss
James testified that she did not know
where Duden was at the time of the
shooting She admitted at the cor
oners inquest she had sworn Duden
was in his room with her.
She also admitted Duden had since
told her he was not in the room at the
time.
The defense tried in every manner
possible to suppress this bit of con-
Trajectory statement that evidence
given at the coroner's inquest was not
proper matter to be introduced at this
time.
As Prosecutor Utely cited a decision
in the famous Durrant case substantial
ing his contention that he had the
right to bring in evidence adduced at
the coroner's inquest, and Judge Lewis
took the point under advisement, but
not until the jury had heard the COIL
Trajectory statements of Miss James.
prosecutions request that the jury be
taken to the scene of the shooting to
investigate the premises.
When Officer Couts, the second Wit
ness of the morning, identified the re-
volver with which it is claimed Shelter
was killed Mrs. Duden shrank from the
sight as though in pain, not looking
once in the direction of the witness
stand.
officer Pringle. who was on the wit
ness stand when court adjourned yes
terday, continued with his testimony
this morning, making a damaging Wit
ness against the defenses claim that
there was a struggle between Sheffler
and Mrs. Duden and that the latter
shot in self-defense.
Pringle told of finding a hair switch,
shawl comb and ledger in the room,
but added that the hair switch was not
mussed up in the least, that the shawl
was lying under the bed Beyond this
there were no signs of struggle, ne
said.
Eva Jones told of hearing noise
like a gas explosion and of rushing into
the hall. She saw Mrs. Duden by the
stairs and her husband beside her. She
heard her sister, Mrs Duden. say:
He tried to kill me and l shot him.
She saw Mrs. Duden pinning up her
hair, then she tainted.
She also testified that Shelter had
come to her in the kitchen short time
previous and asked to see Mrs. Duden
His manner was calm and collected.
He was not angry, she said.
She told Mrs. Duden that Shefher
wanted to see her. she said, and short
time after Mrs. Duden went into Shelf
fler's room, the shooting Following.
Miss James was still on the stand when
court adjourned at the noon hour until
Monday morning.
AS the case unfolds it becomes ev1-
dent that the prosecution is going on
the theory the defense will attempt TO
show a struggle took place between
Mrs. Duden and Shelter and that she
shot him. To offset this the state will
attempt to prove that there was no
struggle and that the so-called signs OF
a struggle in Shelters room were
plant" Detectives acquainted with
Mrs. Duden's former career are here.
as is Capt. Maier and Capt. Buack OF
the Ottumwa police force, who VIII
testify for the prosecution. Mrs. Duden
formerly resided in Ottumwa.