The Cairo bulletin. (Cairo, Ill.) 1???-1928, 1913-12-10
Defense Makes Quick Move to CON-
bat Newly Developed and Un-
expected Evidence.
JURY COMPLETED SHORTLY
AFTER THE NOON RECESS
States Attorney Alexander Wilson
Opens Case, Followed by At.
torney Hileman.

Taken entirely by surprise by an
unexpected turn in the evidence of
| witnesses, the defense in the case
of the state vs. Harry r. Fields,
charged with the murder on Sep
tember /, of Dr. Il. f. Gordon. took
action which indicated that It
would endeavor to combat this re-
cent development in the case. The
prosecution introduced testimony
to the effect thai Harvey Fields had
threatened the lie of DR.. Gordan as
early as August 25 and again on
, August IS, and the motive for the
1crime was not the statement his
wife had made to him on the night
before the shooting took place.
IF your honor please" said at
torney Iiileman, Mrs, Schmidt will
you please step out of the court
room We may want to use you as
witness. This is a surprise to
us
Mrs. Phcnye Schmidt, Harvey
Fields sister, left the -room. while
all eyes turned to see who this new
witness might be.
The selection of the jury was
completed early yesterday after
noon. and the following men had
been chosen: John w Cartner.
Tamms; John White, Elco; Andrew
Owens, negro, Cairo; Frank Barhee,
negro, Cairo; Homer Atherton, Fay
lvllle; W. h. Branson. Tafhrns; G. r..
Cannon, T'amms; w. Nj Smith.
Tamms; William Pryor, Tamms; A.
l.. Dunning, Tamms George r. An
gell, sandusky; Honor Dillow,
Tamms.
Take Recess
Immediately after the jury had
been selected the twelve men were
allowed 10 take a recess while the
attorneys for the prosecution
brought forth the contention that
1t was not legal for Fields to tes-
tify that his wife had told him DR..
Gordon had assaulted her in his Of
flee when she would not be allowed
to prove or disprove this statement.
Judge Duncan supported This con-
tention. Fields may, however, tes-
tify that this statement had been
made to him, but will not be al
lowed to say that his wife was the
one who told him.
After the recess. the jury was
called in and th0 court room soon
filied with people. Judge Duncan
addressed The people and asked that
silence prevail during tho trial. He
asked especially that there be no
laughter or taking, as f trial was
solemn proceeding and the court
room was no place for mirth.
States Attorney Alexander Viii
son opened the case with state
ment to the jury, first reading to
them the charge under which Fields
was indicted and then the state raw
regarding murder, He told them
that witnesses would testify that
| Fields had been seen on different
occasions waiting In front of Or
/ Gordon's office in the opera House
Block, at the Halliday Hotel where
| Or Gordon took his meals and in
front of st. Marys inirmary which
DR. Gordon frequently visited. lie
said the state would attempt TO
prove that The murder was premedi-
tatcd and that the pistol or der
ringer which FieTss used TO shoot
the doctor was purchased for that
purpose.
Defense Talks.
Phil Hileman then talked TO the
jury and intimated that Sields did
not realize that he had taken hui
man life, that he had received an
injury in childhood from which nd
had not recovered and that when
he was told his wife had been as
saulted by DIR. Gordon his mind was
oyerwrought TO such an extent that
he did not know what he was doing
until after the murder had taken
place.
The first witness called was Abe
Hoa gland night clerk at the police
station. He testified that he was