Omaha daily bee., 1914-11-24
MRS. SAMMONS UPON
STAND FOR HUSBAND
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"a Continued from Page One)
cared for ono Of the children between IL
and 1 O'Clock, At 3 o'clock was up and
went to the bath room. as was not very
well Walter was asleep then. He did
Z not leave his bed that night, except the
, one time he waited on our little glri."
Other witnesses put on the stand by the
defense in an effort 20 establish an abb
: for the accused were James II. Burgher,
father of AIRS. Walter Sammons. and
Jake Mutchie, q Kearney carpenter
Burghef told of the Christmas dinner
Z Of the SamTnons families at t~H~hbme OF
his elder daughter and OF ibis going tc
walter sau1inons house with Mrs.Rsam-
none and the two children early IN the
evening. Walter came home at s15 p
m. ana was not intoxicated. Burgher said
Summons an House,
! I'VE all went 20 bed at $50 or 10
o'clock" the father-in-law OF the accused
man continued waiter and his wife
slept IN The room adjoining mine. and the
sdoor between the two rooms was ajar
slept souudIy. heard no noise that night
did not awaken until 4 orfb o'clock the
next morning, and am sure that Walter
ala not leave the house, "a
Mutchis testified that he saw Walter
/ sansnons at tho iatter's homo about s:st
/ o'clock tho night Of the robbery when
+, Mutchio called TO borrow hot water
bottle. The witness under cross-ex-
animation was asked
) Didn't you plead guilty TO the theft
OF some hay at Kearney awhile ago?'
well. did and !. didn't" he answered
z Didn't yours' he was asked again
Yeas ne replied. '.And paid the finer
: Attorney Howell asked. Yes" Mutchis
I adlnited.. He explained that he had jus
/ borrowed" a bale to feed his team.
To KmpIicate smith.
Other witnesses called by the defense
during the afternoon werc questioned Al
10 the whereabouts Of Delbert Smith. chs
( KeArney .postoffiee clerk who confessed
loaning his keys and alleged that Sam
mons had committed the robbery. The
chief effort made with them by counse
for Samnions was intended 20 show tina
Smith had disappeared from a theate
performance during the evening OF tn
robbery. and was seen on the streets, nea
the postoffice.
Award johnson, a bartender testifie,
that be saw Delbert Smith and hi
brother. Ifucien, at the theater. 30
Mann. Kearney real estate man. sal
he saw pelbert Smith leave the .theate
during the show, and continuing, said:
The next morning. / met Walt San,
mons and his father-in-law going dow
z the street. bot they made no mention Q
the robbery Three months later. afte
Sanmons faced prosecution as the chic
man accused Of che crime. ne approache
me TO learn nay version OF Smiths action
on the night Of the robbery
Fern and HE Testimeny.
John Fern, who was Kearneys nigh
police at the time OF the robbery, test
fled to having seen Smith on the stree
near the police station the night OF IN
crime. Under REORGANIZATION. Fer
admitted that he resigned his positio
June l. after hearing that charges wer
10 be filed against him. alleges the
he had been drunk and had brough
women to Kearney for immoral purpose
He said. that the charges were false. br
that no resigned anyway, ran for sheri
and was defeated.
Gilman Y, Roudebush testified that b
saw Del Smith one block from the pos
office sbout 10 o'clock the night Of N
robbery. Under cross-examinatioi
Roudebush said that although he wa
ostensibly In the real estate and, n,
stock commission business. his total bus
ness during one year amounted TO a
sale OF twenty head of cattle and thr
cheap land eeals. His other testimor
Wss intended 10 impeach the story TO
by Cash during the morning session.
Cash Ia Impeaehed.
That Cash was in Montana at the lin
OF the robbery, but that he had be,
asked to be witness for the defen
and had been paid money and given n
board and room by the defense. we
facts admitted by Cash under oath. VIII
given gruelling examination by Unit
states District Attorney r. s. Howell.
Cash. who has lived at Kearney for
long time. admitted on the stand at I
beginning OF his examination that
was in Montana when samomns a
Delbert Smith were alleged 70 have col
nitted the robbery OF the Kearney pol
office last Christmas.
Admits Receiving Cash.
Il received a SIS check from Cla
sammons. brother Of the accused" Ca
testified. In substance. He wrote me
80 down to Omaha ana do little SIX
mishing around Yes. I also reeeiv
so from Judge Oldham" attorney I
Sammons1.
Have you paid any expenses sir
coming 70 Omaha" Mr.. Howell ash
Cash.
NO I've been living al the Merchal
hotel with the others for over a we
and nothing was said TO me about
penses." Cash answered.
what DO YOU know abaut this - ~