Omaha daily bee. (Omaha [Neb.]) 187?-1922, 1910-11-26

ne gone ON Iu the trst place or kept MS
cav stIl after le had stopped it shuitz
would not be on trial now"
EIItcI opens for state.
Deputy County Attorney A. o. Ellick pre-
coded Mr. Battn. lie declared that shultz
and his friends were Joy riding, that all
the witnesses except those who we're par
ticipating in the JOY ride and who natur-
ally. would wish to have It appear that they
were not IN error. swors that Shultz was
driving OF a speed that was dangerous to
human life.
County Attorney English will make the
closing argument for the state this morn
ing and the case will go to the jury at
about II o'clock
Grilling cross-examiuation Of James War
rem, one Of the witnesses for the defense,
by County Attorney English shattered the
testimony given by Warren on direct eN-
animation by W. W. Slabaugh Of counsel
for the defense Friday morning. Mr.. Eng
Hsh used Warren's testimony at the coro-
ner's inquest to show that witness state
ments on direct examination at the trial
and at the coroners inquest did not agree.
Warren was subjected to hot fire of
questions regarding his occupation when
the county attorney first took him for eX-
animation.
what is your business" asked the
prosecutor.
Of am a cigar salesman"
ANY other business
"Not at present
Ever in any other business
yes"
what business"
Running Turkish baths"
Ever drive a hack?"
NO"
Ever drive an automobile as a chaut-
feur?"
YES"
You're great friend Of shultz, aren't
you?"
Not until the time Of the trial"
We'll, you are a pretty close friend Of
his now, aren't your
Not particularly"
Haven't you been sitting right by his
side practically all the time right through
this trial listening to the testimony
Il don't know what you mean"
With the exception Of some few brief
times haven't you been there all the timer
Il can't hear very we'll. -
Il didn't ask you anything about that
Haven't you been sitting there2"
Yes"
Testimony at Inquest.
Reading from the stenographic report of
the coroner's inquest, Mr.. English asked
the witness If he did not testify at the
inquest that the Shultz car was going
twenty to twenty-five miles an hour just
before 1t struck. Witness said he so testi-
fled, but meant that the car was going at
such speed when 1t was about a block
away from the Wallace car. He said
shultz decreased his speed considerably be-
fore he struck.
Mr.. English then asked him II on direct
examination he did not tell Slabaugh that
the Shultz car was going about thirteen
miles an hour a block from the Wallace
car. Witness answered that he may have:
that the car was going thirteen, fifteen or
twenty miles an hour.
Witness said both cars were going about
ten miles an hour when the crash came.
Pinned down by County Attorney English.
he admitted that the collision threw the
Wallace car about twenty-five feet from
the point at which the collision occurred
and that Krug was thrown about ten feet
beyond the car, a total distance of about
thirty-five feet
warren was an occupant Of Shultz' car
when IL struck Wallace's. w. II. Champe-
noy. another occupant of the shultz car.
was the only other witness examined dur
Ing the morning. He testified for the de-
Tense that the shultz car was not going
at great speed when 1t approached the
Wallace car, that the collision occurred
when Wallace stopped his car. as If to let
Shults pass and then suddenly started It
forward and stopped it again.