Rock Island Argus. (Rock Island, Ill.) 1893-1920, 1909-03-06
.LOONEY TRIAL IS
NOT CONCLUDED
Evidence OF Four Witnesses is Heard
by Justice and Case is Con-
tinued to Thursday.
THREE TESTIFY FOR STATE
Prosecution Aims to Shcw Defend
ant Fired First and Last Shot
in Duel with Wimerton.

After four witnesses had been heard
in the preliminary examination of
John Looney on a charge of assault
with intent to commit murder, the case
was continued yesterday afternoon by
Justice j. H. Cleland. The hearing
noon at 2 O'Clock, but on the request
of the states attorney it was continu-
ed until Thursday morning at 10
O'Clock. The trial will probably then
be resumed, but at Justice Cleland's
Office instead of at the county court
room, where the hearing was begun.
States Attorney L. M. Magill stated
at the outset yesterday that he desired
a continuance in order to properly pre-
pare his case. as he had devoted him.
self to preparing the case against w.
w. Wilmerton, and had had no oppor-
tunity to consult with witnesses nor
investigate the evidence in the case
against Looney. He renewed the re-
quest this morning, and secured the
continuance
A 10 First shot.
The testimony of the state tended
in the duel. and that he also fired the
last shot when Wilmerton had turned
and was either running or walking
very rapidly toward his office. The
first witness, Mrs. c. E. Lutes, stated
that when she. heard the first shot she
in
and near Looney on the north side of
the street was a cloud of smoke, She
said there was no smoke on the south
side of the street, and in her opinion
the first shot had been fired on the
north side of the avenue, by Looney
She was positive that Looney fired at
Wilmerton when the latter turned TO
go to his Office. At that time, she said,
Looney had started across the street,
and was almost on the south side.
Although J. T. Kenworthy, represent
ing Looney. subjected Mrs. Lutes to a
most careful cross examination, he was
unable to shake her testimony, and she
held firmly TO her statements as given
in the direct examination.
In redirect examination Mr.. Magill
asked Mrs. Lutes whether when she
saw Looney first, she could see his re-
volver. She stated that the revolver
was hidden from her sight, and she
could not tell whether the weapon was
smoking or not.
Tells Same story.
NJ PrioCc whn uoc oIco oo1lod
by the state, told story very similar
TO that of Mrs Lutes. He stated that
he was at the corner of Eighteenth
street and Third avenue, on the north
side of the avenue, when he heard a
shot. and looking east, saw cloud OF
smoke on the north side of the avenue
near the alley, and when the smoke
cleared away a little, he recognized
Looney, He did not see Wilmerton al
fiEst, and when he first saw Wilmertol
the latter was coming from the direc
tion of his Office entrance. Mr.. Briggs
thought there were six shots fired by
each. He also was positive that Looney
fired the last shot, and that Wilmertor
had turned at that time. and was going
toward his Office. When questioned
as to whether the men had been aim
ing at each other deliberately, he sale
that both were apparently excited, bu
that they aimed as deliberately as pos
sible. He said that he thought The
shots were about three minutes apart
He stated that he did not think either
of the men had been wounded. This
statement was also made by Mrs
Lutes.
Oscar Wahlund, who has been at va
az 81