Omaha daily bee., 1910-11-22
AUTO EXPERT ON The STAND
William H. Wallace a Witness in
Schultz Case.
HE DESCRIBES THE ACCIDENT
Prosecution H. Based on Theory that
Death Of william I<ruE Was
Caused by Reckless Driving
Of Chauffeur schuItE.

Testimony OF William II. Wallace, pres
ident Of the Wallace Automobile company,
failed 70 sustain the hopes Of County At
torney James p. English in the first sit
ting Of the Alex Shultz manslaughter trial
Monday afternoon. Shultz is on trial for
the death Of William Krug, who was
killed when. Shultz driving an automo-
bile, ran down a car I'm which Krug, Wal
lace, and Mr. Mccormick, OF the Brad
ford Kennedy Lumber company, were rid
ing. Wallace had been demonstrating his
car to KTug. and Krug had just said he
would purchase il, when the collision oc-
CURED.
On the witness stand yesterday wallace
described the accident. He, said that his
car had run from the Boulevard onto
Leavenworth street and was on the north
side Of the street when he saw shultz i'm
his car bearing down upon him. Shultz
was driving westward on Leavenworth
Witness car was pointed north The line
IN which his car was proceeding and the
line in which Shultz was proceeding we're
at RICH angles. Wallace said he was
driving very slowly, about eight miles an
hour, when he heard a warning cry and
looked up to see Shultz shooting towards
him. He speeded up his car to get out
Of Shultz way he said. and at the same
time Shultz turned out I'm an effort TO
avoid a collision. Shultz right front
wheel struck Wallace's right rear wheel
with such force that the Wallace car was
turned end-for-end. Krug was thrown
from the car. His skull was fractured at
the base and when Wallace, Shultz. and
others picked him up and laid him on the
grass, he was dying
The rrogacutfop ct,,,14-
the theory that ne was driving at rate
Of speed so high as to be dangerous TO
life; that he was careless and negligent
In so drivipg and that his fast driving
exceeded the automobile speed limits and
the limits fixed by the municipal speed
ordinances.
1t is of primary Importance that the
state show that Shultzs driving was too
FAST When County Attorney English
asked Wallace how fast Shultz was driv-
ing, the witness sought to be excused
from answering. He said he could not tell
with any degree of accuracy. English
asked him how fast in his best Judgment
Shutz was driving, he again tried to beg
Off, declaring it impossible to state with
any degree OF accuracy. When Judge Es-
telle told him he must answer he said the
Shultz car was going between twenty and
forty miles an hour. Testifying at the
ooroneTs inquest shortly after Krugs
death June a. Wallace said the car was
going forty miles an hour or faster.
| w. w. Slabaugh, of counsel for the de-
Tense, still was crOss-examinlng Wallace
when court adjourned for the day. sla
baugh's questions were asked with a view
to emphizng the facts that witness cannot
say definitely how fast Shultz was driving
and that Shultz attempted to turn out and
avoid the collision.
Dr. H. NJ. McClanaAan, Coroner Crosby's
physician, was the only other witness ex-
amined His testimony concerned the fatal
injuries sustained by Kfug None of his
Testimony concerned Gp0ihts IN DISPUTE the
defense admitting that Krug died OF in
juries sustained in the accident There
was no cross-examination.
| ury was secured yesterday afternoon
and opening addresses were made by
County Attorney English for the state and
Attorney slabaugh for the defense. Mr..
English said the state will show that
Shultz was driving forty or fifty miles an
hour. Mr.. slaugh said the defense win
show the Wallace car was going at a
rate OF twenty miles an hour. He said the
| accident was one of those unfortunate
ones which everyone regrets and no one
more than his client He called attention
to the fact that the state in its complaint
against Shultz admits that his running
down the Wallace car was unitentonal.
Just before the state began it's intro
ducdon of evidence Slabaugh objected to
any introduction Of evidence, his grounds
being that the offense charged against
shultz Is not punishable as a crime under
the state law and that the laws governing
speed which Shultz is said to have
violated, are unconstitutional because they
make driving at certain rates nahum
prohibitum while IL is not nahum in Sc;
that is. bad because prohibited while IT is
not bad in itself. Judge Estelle over
ruled the objection.
Difficulty In securing jurors who had not
heard more or less of the automobile acct
dent In which Alex shultz ran down ana
killed the late William Klug and had not
| formed strong opinions regarding the guilt
or innocence Of Shultz, was experienced by
County Attorney James p. English when
he commenced examining jurors for service
In the trial OF Shultz for manslaughter in
the criminal division OF district court Non.
day morning. At noon not q single Juror
had been accepted by the county attorney.
| All the veniremen examined had read news
paper reports Of the tragedy had discussed
IL with witnesses or friends of the parties
had known Mr. Krug during his lifetime.
or we're acquainted with the defendant,
| Shultz.