Omaha daily bee. (Omaha [Neb.]) 187?-1922, 1910-11-26
SHULTZ' DAY IN COURT ROOM
Attorneys for Accused Automobiles
Score State Witnesses.
ENGLISH BREAKS DOWN WITNESS
quest DO Not Correspond with
Testimony at Trial for XIII
Ing Of william kruE.

Picking to pieces the testimony Of the
states witnesses in the shultz man
slaughter trial, ". W. slabaugn, senior
counsel for the defense, In his plea to the
Jury yesterday afternoon, showed by their
own words that Shultz was not driving at
unusual speed Just before his car struck
that Of william II. Wallace, threw the
late william Krug from the Wallace car
and killed him
Mr.. slabaughs argument and that Of
John G.. Battin, Junior counsel for the de
Tense, who preceded him, uncovered the
theory Of the defense which has remained
a mystery all through the trial The argu-
merits OF the defense showed that after
states witnesses had sworn that Shultz
was making from thlrty-five to fifty miles
an hour, the defense had cross examined
them with "a view 10 securing from them
statements regarding their own movements,
which could DO compared with those re-
gardlng the speed OF Shultz car in such
a way as 20 prove that il was going less
rapidly than they said.
Mrs. James lsh testified that the car
was going about fifty miles an hour said
Mr. Slabaugh she was sttng,at a side
window and saw the car shoot past A
little later she got up to investigate. went
it and went out into the street The car
then was two blocks away II probably
took her a minute TO do all she said she
did. Suppose it took her half that time
The car had gone two blocks. in a minute
It would go four blocks. In sixty minutes
Il would go 2i0 blocks. There are fourteen
blocks in a mile. So, by her own state
ments regarding her movements compared
with her statements as TO the distance the
car Travelled while she was getting out to
see it, II was only going seventeen or eigh-
teen or nineteen miles an hour-just as
Shultz said 1t was 1t is hard to estimate
the speed Of vehicle in which you are
not riding. That is guesswork but there
was no guesswork about her own move
ments.
NanPIanI slow walker.
Then Walter VanPlank testified that il
was going thirty-five or forty miles an
hour And yet he said that after it passed
him the car went down and struck the
Wallace car three blocks away. 1t went
three blocks while he was going one Sup
pose he walked five miles an hour. That is
faster than the average man ever walks
but suppose he walked that fast The car
going three times as fast would go fifteen
miles an hour and that is about the rate
shultz said It was going just before it hit"
Mr. siabaugh declared that Wallace, ac-
cording to the testimony, was responsible
for the accident; that he was talking with
hrug and the other occupant OF the car
when he should have been watching where
he was driving. He begged the jury mot
TO send an innocent man TO the penitentiary
and drag him away from his wife and
widowed mother simply because another
man made a fatal mistake"
Attorney Battin declared that the testi-
mony OF every witness who was in a DO
sition TO see, bore out the contention of the
defense that Wallace was talking to Krug
and Mccormick, instead of looking ahead,
He was thinking OF that commission he
was to get for selling that car he was
demonstrating" declared Mr.. Battin. he
was so interested In that that he forgot
to look out for danger. When he saw II.
he didn't know what TO do He stopped and
then changed his mind and started on. HAD