Omaha daily bee. (Omaha [Neb.]) 187?-1922, 1912-05-01
STATE WITNESSES DISAGREE
Expert Testimony Shows Briggs Did
Not Fire Fatal Shot.
HEARING PRACTICALLY ENDED
Question of Who Fired Shot Has
Not Been Developed.
NATURE OF WOUND DESCRIBED
Five Witnesses Testify at Morning
Session In Trial of Officers
Accused of Being Responsible
For Hunts Death.


At the first sitting OF the preliminary
hearing OF the men charged with man
slaughter. for the death OF Roy Blunt.
at Paplllion failed to disclose who firel
the shot thai death dealt to the young
farmer, the innocent victim Of the con-
vict chase OF March ls
But five witnesses were examined be-
fore the noon recess. Four OF them said
Briggs fired the first shot. The fifth
asserted Sheriff Flyers was the man VINO
opened fire on the convlcts.
Not Killed by Briggs.
Testimony introduced In the afternoon
by Dr. j. A. Peters demonstrates that
the first shot. II fired by Chief Briggs.
could not have killed Blunt. the course
Of the bullet Indicating that 1t was not
fired from the position where Briggs
stood. IL Il pretty clearly established.
though. that Blunt was killed by a bull
let fired by one Of the three officers
unless he was murdered by one Of the
convicts. Witnesses agreed that the off,
did all the shooting at the convicts. Dr.
Peters Is the surgeon who examined
Blunts wound after the killing.
Says BrisRs Fired First.
Marion Mlniurn. Amos ketch. Walter
Driscoli and James Russell. all OF Spring.
field testified that Briggs fired first The
first tive we're certain as 10 this The
latter two would so no furthtr than TO
say Briggs fired the first shot, The four
told how they started from Springfield
between 10 and II o'clock In the morn
Ing and met the eonvicts and Blunt face
to face. They turned back when Blunt
begged them not to shoot. telling. them
II they did not Kill him the eonyicts
would. and the convicts made threats
to kill Blunt II they would be pursued
by anyone.
When the four later were passed by
Briggs. Trouton and sheriff Grant Chase
In buggy. they urged the officers not
to shoot.
Hepiy was votlry of oaths.
The officers replied. '.Io hall with them
We know our buslnsss and We are going
to get them" astording to these wit
nesses. Briggs left the buggy and ran to
the right side OF the road before firing.
All these witnesses agreed. that the
Iconvicts returned the fire OF the pur-
suers almost Immediately after the firing
OF the first shot by the pursuers. They
said the firing continued until the sur
render OF Morley. the only surviving con-
vlct.
They said to the best OF their knowledge
no one but the officers fired at the con-
victs
After the first shot there was firing
from the rig containing Trouton and
Chase. but they could not tell who fired
the shots.
rfDug IL Uncertain.
George Pflug. who with Andrew Clark
started after the convicts from the Plug
farm. said Sheriff Hyers fired the first
shot and he saw the convicts return the
fire at once and IL continued until the
surrender.
Pflug said he urged the officers not 70
shoot while Blunt was with the eonvicts.
DO you know who killed Roy Blunt
asked II. C. Murphy OF South Omaha, Of
counsel for Briggs and Traouton.
NO. was the answer.
About twenty witnesses had been
subpoenaed by the state before the hear
ing was begun. but at noon 1t was an
nounced that probably not more than
ten witnesses would be put on the stand
and the hearing could be concluded to-
day.
The preliminary hearing is had merely
10 determine whether the defendants
shall be discharged or held for trial In
the district court. To warrant holding the
men for trial, the state must first show
that a crime has been committed and
second that there is probable reason to
believe the defendants committed II.
As the hearing proceeded, It became
more evident that interest in the Blunt
case is on the wans- Beside Blunt's
widow and other relatives and the wit
nesses not more than 80 persons were
in attendance.
John p. Phelps, who took the stand